HomeMy WebLinkAboutAO-05-04 - Decision - 1803 Brand Farm DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
N/KH/L PATEL — 1803 BRAND FARM DRIVE
APPEAL #A O-05-04
FINDINGS OF FACT AND DECISION
Nikhil Patel, hereinafter referred to as the applicant, is appealing the Administrative
Officer's decision to deny Certificate of Occupancy application #CO-05-31. The
Development Review Board held a public hearing on September 20, 2005. Edward
Fitzpatrick represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
materials contained in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. On April 2, 1992, the Planning Commission approved an amendment to a
previously approved planned residential development known as "Village at
Dorset Park". The area that was amended is shown on the plan approved on
4/2/92. It is the area with the shaded buildings on this plan and is recorded at
Map Slide #247.
2. The developer recorded another plan a few months later including the street
address for the units which is recorded at Map Slide #250. This plan changed
building #20 to #1801-1804.
3. Zoning permit #ZP-93-263 was issued on 10/4/93 which authorized the
construction of units 1801-1804.
4. On or about 5/23/94, the then Administrative Officer, Richard Ward, issued a
temporary Certificate of Occupancy which was valid for 90 days. The 90 day
period expired on or about 8/23/94. The building in question, which includes units
1801-1804, has been occupied illegally since that date.
5. On 8/5/05 the owner of unit #1803 on Brand Farm Drive submitted a Certificate
of Occupancy application for his unit. The Administrative Officer visited the
property discovered that the building was not constructed as shown on the
approved plan (building #20 on the originally approved plan).
6. The Administrative Officer measured the Northwest corner of unit #18 to be 42
feet from the street curb on the plan and 44 feet 3 inches on the ground. The
southwest corner of the building was measured to be 54 feet from the street curb
on the plan and 48 feet on the ground.
Post -WI ax Note 7671
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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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7. On August 8, 2005, the Administrative Officer denied the request for Certificate of
Occupancy application #CO-05-31 for the reason that the building is not
constructed in the exact location as shown on the approved plan.
8. Section 17.03(C) Final Inspection and Certificate Issuance of the Land
Development Regulations states in part as follows:
"....is shall be the duty of the Administrative Officer to have
made a final inspection thereof and issue a Certificate of
Occupancy if the project is found to conform with the
provisions of this ordinance, and all other ordinances and
regulations of the City."
CONCLUSIONS OF LAW
Pursuant to 24 VSA § 4448(a) the "Administrative Officer shall administer the bylaws
literally and shall not have the power to permit any land development that is not in
conformance with those bylaws." The building is not in conformance with the approved
plan, therefore, the Administrative Officer does not have the authority to issue a
Certificate of Occupancy for unit #1803 on Brand Farm Drive.
DECISION
Motion by seconded by )-X7 cT-, ,
to approve Appeal AO-0 - 4 of Nikhil Patel.
Mark Behr — yea na abstain/not present
Matthew Birmingham — yeaQHjabstain/not present
Chuck Bolton — yea na abstain/not present
John Dinklage — yIna abstain/not present
Roger Farley — yestain/not present
Larry Kupferman a bstain/not present
Gayle Quimby — ybstain/not present
Motion failed by a vote of Q
Signed this —,It day of 0 ct�A- , 2005, by
John Dinklage, Chair
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