HomeMy WebLinkAboutAO-07-03 - Decision - 0462 Shelburne Road#AO-07-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SUMMIT HOSPITALITY, INC. — 462 SHELBURNE RD & 25 HADLEY RD
APPEAL #AO-07-03
FINDINGS OF FACT AND DECISION
Summit Hospitality, Inc., d/b/a Liberty Inn & Suites, hereinafter referred to as the
appellant, is appealing the decision of the Administrative Officer to issue Notice of
Violation #NV-07-07, 462 Shelburne Road and 25 Hadley Road. The Development
Review Board held a public hearing on Tuesday, July 24, 2007. Phillip Zalinger, Esq.
represented the appellant.
Based on testimony provided at the above mentioned public hearing and 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) On June 8, 2007 the Administrative Officer was asked to accompany the City
Manager in his capacity as Health Officer to 25 Hadley Road at the request of a
resident of the building. Upon inspection of the property they observed that the
building was under renovation.
2) The woman who was living in the building indicated that she had been living in the
motel located at 462 Shelburne Road until January at which time she was asked to
move into the house at 25 Hadley Road. She has therefore been living on the
property for more than six (6) months.
3) The rooms in the house located at 25 Hadley Road had numbers attached above the
doors to identify them as motel rooms.
4) Staff discovered on-line a description of another tenant's extended stay at the motel
at 462 Shelburne Road on the Vermont Bad Business Bureau website. They
indicated that their stay lasted for 42 days.
5) The property at 25 Hadley Road was used as a single family dwelling (document
from City Assessor's office). This single-family dwelling use was a nonconforming
use for several years. However, the structure was vacant and/or abandoned and not
used as a single family dwelling for over six months. Thereafter, the use of said
structure must comply with the requirements of the Commercial 1 zoning district.
6) On June 8, 2007, the Administrative Officer mailed Notice of Violation #NV-07-07 to
the appellant informing them that they were in violation of the zoning regulations for:
a) converting the motel/hotel at 462 Shelburne Road to an extended stay hotel
without a zoning permit.
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#AO-07-03
b) converting the single family dwelling at 25 Hadley Road to extended stay motel
units without a zoning permit.
c) renovating the building at 25 Hadley Road without a zoning permit.
7) On June 22, 2007, the appellant filed a Notice of Appeal #AO-07-03 appealing the
decision of the Administrative Officer to issue the Notice of Violation.
CONCLUSIONS OF LAW
1. Section 17.02(A) of the Land Development Regulations states that "no land
development may be commenced.... without a zoning permit issued by the Administrative
Officer". The definition of "land development" includes, in part, the following: "... any
change in the use of any building or other structure, or land... Land development shall
not include any structural alteration or interior remodeling project that does not exceed
five thousand dollars ($5000) in construction cost'.
2. The definition of "motel" in Article 2 of the Land Development Regulations reads, in
relevant part, "a building or group of buildings which..... contains living and sleeping
accommodations used primarily for transient occupancy to the general public on a daily
basis for compensation..."
3. The use of the property on a long term basis by non -transients is not a "motel" use.
There has been no zoning permit issued either for the change of use of 462 Shelburne
Road from a motel use or the change of use of the structure located at 25 Hadley Road.
The Board therefore concludes that land development has commenced without a zoning
permit.
4. No zoning permit has been issued for the renovation of 25 Hadley Road which
exceeds $5000. The Board therefore concludes that land development has commenced
without a zoning permit.
WA
#AO-07-03
DECISION
The Development Review Board hereby upholds the decision of the Administrative
Officer to issue Notice of Violation #NV-07-07 to Summit Hospitality, Inc.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Signed this ': 'day of 2007, 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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