2008-10-06_Chris Yuen_v_Board_of_Appeals_and_Edmund_Jin_and_Eva_Lu_-_Answering brief-Civil_No_07-1-261K

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s 0 O I VARIANCE DECISION In view of the above, the proposed variance would not fulfill the intent of the Subdivision Code and does not meet with all the requirements or Rule 22-Water Variance. Therefore, the applicanfs variance application to allow proposed 6-lot subdivision without providing a water supply pursuant to Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1)(2), or request to allow the proposed subdivision to be served by private catchment systems is denied. (R:CV07-1-261K Doc. 004 at 150-154.) Appellants Jin and Lds Water Variance application stated that the sixty inch rainfall (or isohyet) line utilized by the Planning Department in reviewing water variance applications is located approximately"50 feet maukd'of the boundary of the Property, evidencing that the Property does not meet the rainfall requirement of Rule 22. (R:CV07-1-261K Doc. 004 at 44, 86.) B. The Appeal to the Board of Appeals On March 14, 2007, Appellants Jin and Lu filed a timely appeal from the Director's decision denying the Water Variance application to the Board (BOA No. 07-000043) seeking reversal of the Director's decision and approval of the Water Variance application on the grounds that the Director's decision was arbitrary, capricious, an abuse of discretion, and violated law and that, among other things, the Planning Department Rule 22 was arbitrary, capricious, in excess of statutory authority, and made on unlawful procedure. (R:CV07-1-261K Doc. 004 at 40,43-48.) The Board heard the Appeal on July 13, 2007. (R:CV07-1-261K Doc. 004 at 483.) At the contested case hearing before the Board, Appellants Jin and Lu were not present but were represented by Roy A. Vitousek 111, Esquire, and the Director was not present but was represented by Amy G. Self, Deputy Corporation Counsel. (R:CV07-1-261K Doc. 004 at 483- 484; Doc. 21 at 901.) Appellants Jin and Lu had the burden of proof, including the burden of 4