HomeMy WebLinkAboutAO-08-10 - Decision - 0002 0004 Market Street#AO-08-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TEKRAM PARTNERS, LP — 100 DORSET STREET, 2 & 4 MARKET
STREET
APPEAL #AO-08-10
FINDINGS OF FACT AND DECISION
Tekram Partners, LP, hereinafter referred to as the appellant, is appealing the issuance
of Notice of Violation #NV-08-13 for zoning violations at 2&4 Market Street and 100
Dorset Street.
The Development Review Board held public hearings on Tuesday, June 17, 2008 and
July 1, 2008. Mark Sperry, 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. The appellant is appealing the issuance of Notice of Violation #NV-08-13 for zoning
violations at 2&4 Market Street and 100 Dorset Street.
2. The owner of record of the subject property is Tekram Partners, LP
3. The subject property is located in the Central District 1 and the Commercial 1-R-12
Zoning Districts.
4. On May 5, 2008, the Administrative Officer mailed via Certified Mail, a Notice of
Violation #NV-08-13 dated May 2, 2008 to Tekram Partners, LP informing them of
zoning violations at 2 & 4 Market Street and 100 Dorset Street (EXHIBIT 1).
5. On May 16, 2008, Tekram Partners, LP, hereinafter referred to as the "Appellant'
filed a Notice of Appeal #AO-08-10 appealing the issuance of the Notice of Violation
(EXHIBIT 2).
6. On May 28, 2008, a public hearing notice regarding the appeal was published in
Seven Days (EXHIBIT 3).
7. On May 2, 2008, the Administrative Officer conducted a site visit to the 2&4 Market
Street and 100 Dorset Street properties and discovered numerous zoning violations.
They are as follows:
a. The landscaping located between the Dorset Street right-of-way and the
row of 35 parking spaces westerly of the Dorset Street building is new
and was installed a few years ago without amending the landscaping plan
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for the PUD (EXHIBIT 4). A site plan approved by the Planning
Commission on 2/24/74 shows a row of trees in this location (Exhibit 5).
b. A new "service area" for dumpsters has been added to the north side of
the 100 Dorset Street building without approval from the Development
Review Board (EXHIBIT 6).
c. Suite 21 within the 100 Dorset Street building has been converted from
general office use to medical office use for Rushford Family Chiropractic
without the necessary approvals and zoning permit. The last three (3)
amendments to the PUD for the subject property, SD-05-87, SD-06-61,
and SD-07-47 did not include a request for conversion of any general
office use to medical office use. All three (3) applications requested the
applicant to provide a detailed description of the project including existing
and proposed uses (EXHIBITS 7, 8, & 9). As can be seen on all these
applications, medical office use was never listed as either an existing or
proposed use. The Appellant has indicated that the space occupied by
Rushford Chiropractic has been used for medical office use since 5/1/97.
This being the case, it appears that the Appellant has provided incorrect
information on the last three (3) applications which may invalidate the
approvals associated with those applications.
d. 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
(EXHIBITS 10, 11, & 12). A portion of the approved landscaping plan is
shown on EXHIBIT 13.
CONCLUSIONS OF LAW
Section 14.03(A) of the Land Development Regulations requires that site plan
approval shall be requested for "any alteration or change to an approved site
plan". The discrepancies described in items 4a, 4b & 4d 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.
Section 14.03(A) of the Land Development Regulations requires that "site plan
approval shall be required prior to the issuance of a zoning permit ...... for: 1) any
new use, change in use, or expansion of use in any district". Section 17.02(A) of
the Land Use Regulations provides that no land development may be
commenced without a zoning permit, and "land development" includes a
change in use of a building. Since Suite 21 at 100 Dorset Street was converted
from general office use to medical office use without site plan approval and
without a zoning permit, the Board concludes that this change in use constitutes
a zoning violation.
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DECISION
Motion by seconded by Q I('tQ?6 to uphold
the decision of the Admiristrative Of icer to issue Notice of Violation NV-08-13.
Mark Behr —yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/n t res
John Dinklage ea/nay/abstain/not present
Roger Farley a /nay/abstain/not present
Eric Knudsen — yea/nay/abstain/of re
Peter Plumeau — yea/nay/abstain of re
Gayle Quimby ea nay/abstain/not present
Motion carried by a vote oA V - O
Signed this day of9-tt 4� 2008, 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 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).
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