HomeMy WebLinkAboutMS-08-03 - Decision - 0005 Lyons Avenue#MS-08-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MARCEL BEAUDIN and RICHARD & REBECCA CASSIDY — 5 LYONS
AVENUE
MISCELLANEOUS APPLICATION #MS-08-03
FINDINGS OF FACT AND DECISION
Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous
approval to amend a previously approved plan for the reconstruction of a single family
dwelling. The amendment consists of revising the location and dimensions of a deck, 5
Lyons Avenue.
The Development Review Board held a public hearing on Tuesday, May 6, 2008. Marcel
Beaudin was present at the meeting.
Based on testimony provided at the above mentioned public hearing an the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1) The applicant is seeking miscellaneous approval to amend a previously approved
plan for the reconstruction of a single family dwelling. The amendment consists
of revising the location and dimensions of a deck, 5 Lyons Avenue.
2) The owners of record of the subject property are Richard & Rebecca Cassidy.
3) The subject property is located in the Queen City Park (QCP) Zoning District and
in the Floodplain Overlay District.
4) The plans submitted consist of a two (2) page set of plans, page one (1) entitled,
"A Residence for Richard and Rebecca Cassidy 5 Lyons Avenue South
Burlington, VT 05403", prepared by Beaudin & Associates, Inc., dated April 5,
2008.
5) The applicant is simply requesting to revise the location and dimensions of a
deck previously approved as part of a PUD on June 19, 2007. The proposed
changes still meet all requirements of the zoning district with respect to setbacks
and coverages. The new location of the deck is no closer to the Lake than
previously approved.
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#MS-08-03
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DECISION
Motion by 6«A k (o 6 seconded by L� Fv(_�-)ellto
approve Miscell neous applicati n #MS-08-03 of Marcel Beaudin subject to fhe following
conditions:
1. All previous approvals and stipulations which are not superseded by this
approval shall remain in full effect.
2. This project shall be completed as shown on the plan submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. Pursuant to Section 17.04 of the Land Development Regulations, the applicant
shall obtain a zoning permit within six (6) months or this approval is null and void.
4. Any change to the site plan shall require approval of the South Burlington
Development Review Board or the South Burlington Administrative Officer.
Mark Behr - yea/nay/abstain/not present
Matthew Birmingham - onay/abstain/not present
John Dinklage e nay/abstain/not present
Roger Farley - e nay/abstain/not present
Eric Knudsen - e nay/abstain/not present
Peter Plumeau - e nay/abstain/not present
Gayle Quimby - e /nay/abstain/not present
Motion carried by a vote of 6)
Signed this C day of / �% G''7 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy, -
finality).
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