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HomeMy WebLinkAboutAO-08-14 - Decision - 0002 0004 Market Street#AO-08-14 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CENTURY PARTERS, LP — APPEAL #AO-08-14 2 MARKET STREET FINDINGS OF FACT AND DECISION Century Partners, LP hereinafter referred to as the appellant, is appealing the decision of the Administrative Officer to deny Certificate of Occupancy #CO-08-26, 2 Market Street. The Development Review Board held a public hearing on Tuesday, August 19, 2008. Erin Miller Heins, 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 March 18, 2008 the Administrative Officer denied Century Partners a Certificate of Occupancy (hereinafter referred to as a C.O.) #CO-08-26 for 2 Market Street (EXHIBIT 1). 2. The C.O. denial was appealed to the Development Review Board (hereinafter referred to as the DRB). The DRB rendered a decision dated 6/3/08 (EXHIBIT 2) which remanded jurisdiction of the C.O. application back to the Administrative Officer. 3. The Administrative Officer on June 30, 2008 then denied CO-08-26 for the following reason: "The landscaping adjacent to the 2 Market Street building is significantly different from the landscaping shown on the landscaping plan approved by the Planning Commission on 12/10/96. Specifically, all the landscaping approved behind the building is missing and the landscaping along the east side of the building along the parking garage is totally different from that shown on the approved plan". (EXHIBIT 3) 4. On July 15, 2008 the DRB issued two (2) decisions #AO-08-09 (EXHIBIT 4) and #AO-08-10 (EXHIBIT 5) in which the Board upheld the Administrative Officer's Notices of Violations, which included 2 Market Street that "the landscaping for the area to the east and north of the building at 2 Market Street has been altered from what was approved on 12/10/96". 5. On June 30, 2008, the Administrative Officer inspected the landscaping around 2 Market Street and found that the conditions remained unchanged from those described in paragraph 3 above. (EXHIBITS 6-9) #AO-08-14 CONCLUSIONS OF LAW 1. The variation of landscaping at the subject premises from the landscaping depicted in the 12/10/96 landscaping plan constitutes an unpermitted change of use, and thus said variation represents land development without a permit in violation of the Section 17.02 of the Land Development Regulations. 2. Section 17.03 of the Land Development Regulations states in part that "it 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....". Since the subject property is not in compliance with the provisions of the Land Development Regulations, the Administrative Officer does not have the authority to issue the requested C.O. 1�77i��9[�7�I Motion by y�- U ' seconded by to uphold the decision of the dministretive Officer to deny Certificate of Occupancy #CO-08-26, 2 Market Street. Mark Behr yea/?nay/abstain/not present _ Matthew Birmingham — yea/nay/abstain/ of present John Dinklage — yea/nay/abstain/not presen Roger Farley — yyealnay/abstain/not _ en Eric Knudsen — yea/nay/abstain/not preseerq Peter Plumeau _ ea/ ay/abstain/not present Gayle Quimby r ea ay/abstain/not present Motion carried by a vote of L--2- - AJ Signed this day of �� �'� 2008, by rk Behr, Vice Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). -2-