HomeMy WebLinkAboutAO-02-07 - Decision - 1475 Shelburne Road#AO-02-07
DEVEJLOPMENT REVIEW BOARD
CITY�OF 5OUTH_PURLINGTON
RE: APPEAL OF TWO 0'13RIEN'5 PROPERTIE5, LLC
This matter came before the 5outh Burlington Development Review Board pursuant to
the provisions of 24 V5A 4464 (a) on appeal of Two O'Brien's Properties, LLC,
hereinafter "Appellant", from the decision of the Administrative Officer to issue Notice of
Violation #NV-02-39 alleging that the property owned by Two O'Brien's Properties, LLC
located at 1475 Shelburne Road is being occupied without a Certificate of Occupancy.
The Appellant was present at the public hearing held 12/17/02 relative to this appeal.
Based on the evidence submitted at the hearing and as part of this appeal, the 5outh
Burlington Development Review Board hereby renders the following decision:
FINDING5 OF FACT
1. The owner of record of this particular property located at 1475 Shelburne Road is
Two O'Brien's Properties, LLC
2. This is an appeal of the Administrative Officer's decision to issue Notice of
Violation (N.O.V.) #NV-02-39 dated 10/4/02. This N.O.V. alleges that the
Appellant's property, including an addition constructed in 1992, is being occupied
without a Certificate of Occupancy.
3. The Appellant appealed this decision on 10/21/02.
4. In 1992, the Planning Commission approved an addition for "vocational training"
use to the O'Brien'5 Training Center. In 1994 the Planning Commission approved
an amendment to the site plan to relocate a garage, revise -parking layout, and
revise the landscaping. In 1995, the Planning Commission approved another
amendment which eliminated a condition to construct a sidewalk.
5. In 1999 the Appellant requested a Certificate of Occupancy (C.O.) which was
denied because the parking aisle serving the single row of parking along the south
boundary was too narrow. The three (5) previously approved plans showed this
aisle meeting the 22 foot minimum width requirement. 5taff measured this aisle
at its narrowest point at 15 feet.
6. The Appellant was informed of the violation and the response was that they
would take care of it. staff recently discovered that the Appellant opened up a
retail store in the building without a zoning permit. A Notice of Violation (N.O.V.)
was sent to the Appellant for this violation and for occupying the building without
a C.O. The N.O.V. for the occupancy violation was appealed and the N.O.V. for the
retail store was not.
7. The Appellant is occupying the addition without a C.O. and one can not be issued
unless the parking aisle is widened as shown on the approved plan or an alternate
plan approved
CONCLU51ON5 OF LAW
The South Burlington Development Review Board concludes, based on the above Findings
of Fact, that the Appellant is occupying the addition constructed in 1992 at 1475
Shelburne Road without a Certificate of Occupancy.
DEC151ON
Based on the above Findings of Fact and Conclusions of Law, the 5outh Burlington
Development Review Board hereby denies the Appellant's request to overturn the
Administrative Officer's decision of 10/4/02 that the Appellant's property is in violation
of the zoning regulations (section 27.201) and affirms said decision.
Dated this a day of December 2002 at 5outh Burlington, Vermont
Chairman or2`hsr,�
5outh Burlington Development Review Board
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V5A 4471 and VRCF 76 in writing, within 30 days of the date of
this decision is issued. The fee is $150.00. 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 V5A 4472 (d) (exclusivity of remedy;
finality).