HomeMy WebLinkAboutAO-08-13 - Decision - 0002 0004 Market Street#AO-08-13
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CENTURY PARTNERS, LP & TEKRAM PARTNERS, LP
100 & 102 DORSET STREET and 2 & 4 MARKET STREET
APPEAL #AO-08-13
FINDINGS OF FACT AND DECISION
Century Partners, LP and Tekram Partners, LP, hereinafter referred to as the
"Apellants", are appealing the issuance of Notices of Violation #NV-08-17 and #NV-08-
18 by the Administrative Officer for zoning violations at 100 & 102 Dorset Street and 2 &
4 Market Street.
The Development Review Board held a public hearing on Tuesday, August 5, 2008. Erin
Miller Heins, Esq., represented the Appellants.
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
On June 16 2008, the Administrative Officer mailed via Certified Mail Notice of
Violation #NV-08-17 to Century Partners, LP and Notice of Violation #NV-08-18
to Tekram Partners, LP (EXHIBITS 1 & 2 ). The Notices of Violation pertain to
100 & 102 Dorset Street and 2 & 4 Market Street. The only portion of the 102
Dorset Street property which is subject to the Notices of Violation and is located
on the appellant's property is the easterly portion at the rear of the building.
2. The owners of record of the subject properties are Century Partners, LP and
Tekram Partners, LP.
3. The subject properties are located in the Central 1 and Commercial 1 —
Residential 12 Zoning Districts.
4. On June 26, 2008, the Appellants filed a Notice of Appeal #AO-08-13 appealing
the issuance of Notices of Violation #NV-08-17 and #NV-08-18 (EXHIBIT 3).
5. On July 16, 2008 a public hearing notice regarding the appeal was published in
Seven Days (EXHIBIT 4).
6. On June 16, 2008 the Administrative Officer conducted a site visit to the 2 & 4
Market Street and 100 & 102 Dorset Street properties and discovered numerous
violations. These violations were based on discrepancies from the latest
approved plan which was approved by the Development Review Board on
9/4/07. The violations are as follows:
#AO-08-13
a. Revised parking lot layout by adding one (1) handicapped accessible
parking space in the row of parking located immediately to the north of
the main access drive of Dorset Street without site plan approval &
without a zoning permit (EXHIBITS 5 & 6).
b. Eliminated the approved bike rack for the 4 Market Street building without
site plan approval and without a zoning permit (EXHIBITS 7 & 8).
c. Allowed unscreened dumpsters at the north end of the 4 Market Street
building and easterly of the 102 Dorset Street building (EXHIBIT 9).
d. Added a dumpster storage area easterly of the 102 Dorset Street building
without site plan approval and without a zoning permit (EXHIBITS 10 &
11).
e. Storing/parking a motor vehicle (trailer) on the north side of the 100
Dorset Street building in an unapproved area for either storing or parking
a motor vehicle (EXHIBITS 12, 13, & 14).
CONCLUSIONS OF LAW
Section 17.03(A) of the Land Development Regulations requires that site plan
approval shall be requested for "any alterations or change to an approved site
plan". The discrepancies described in items 6a-6e above constitute changes to
the approved site plan. Since no site plan approval or any other approval was
obtained for the described alterations, the Board concludes that these alterations
constitute zoning violations.
DECISION
Motion by Peter Plumeau, seconded by Gayle Quimby, to uphold the decision of the
Administrative Officer to issue Notices of Violation #NV-08-17 and #NV-08-18.
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
Motion carried by a vote of 4-0-0.
-2-
#AO-08-13
Sig
MW
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).
- 3 -