HomeMy WebLinkAboutAO-06-04 - Decision - 0002 0004 Market StreetA#AO-06-04
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CENTURY PARK PARTNERS, LP
APPEAL #AO-06-04
FINDINGS OF FACT AND DECISION
Century Park Partners, LP, hereinafter referred to as the appellant, is appealing the
decision of the Administrative Officer's decision to deny a Certificate of Occupancy for 4
Market Street. The Development Review Board held a public hearing on November 7,
2006. 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. By Findings of Fact and Decision dated December 6, 2005, the Development
Review Board approved Final Plat Application #SD-05-87 for the property located
at 4 Market Street. Thereafter, the Administrative Officer granted zoning permit
#ZP-06-11 based on the Development Review Board's final plat approval.
2. On September 19, 2006 Century Partners, LP submitted an application for a
Certificate of Occupancy for 4 Market Street for work authorized under zoning
permit #ZP-06-11. The Certificate of Occupancy was assigned #CO-06-54.
3. On September 22, 2006 the Administrative Officer conducted a site visit of 4
Market Street to determine compliance with zoning permit #ZP-06-11.
4. During this site visit, the Administrative Officer discovered that outside storage
was taking place on the property in the form of two (2) wooden pallets stored
outside of a dumpster enclosure.
5. The Administrative Officer also discovered that the fire lane along the easterly
side of the building was being used by a truck for unloading.
6. On 9/22/06 the Administrative Officer denied the Application for Certificate of
Occupancy and so notified the property owner.
7. The appellant, Century Partners, LP, appealed the decision of the Administrative
Officer on October 3, 2006.
8. A public hearing notice was published in Seven Days on October 18, 2006 for a
public hearing to be held on November 7, 2006.
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#AO-06-04
CONCLUSIONS OF LAW
1. The Administrative Officer denied the Application for Certificate of Occupancy
because outside storage is prohibited under condition #5 of the 12/6/05 final plat
approval unless it is stored in a screened service area. Since the two (2) pallets
discovered on 9/22/06 were not stored in a screened service area, the property is
not in compliance with zoning permit #ZP-06-11.
2. The Administrative Officer also denied the Application for Certificate of
Occupancy because the fire lane was used for truck unloading. Truck unloading
in a fire lane blocks the fire lane from use by emergency vehicles when
necessary and is not in compliance with zoning permit #ZP-06-11.
For the above reasons, the Administrative Officer's decision to deny the Certificate of
Occupancy should be upheld because the property was not being used in compliance
with the zoning permit granted for the property and a Certificate of Occupancy can only
be issued if the Administrative Officer finds the property in compliance with the zoning
permit.
DECISION
Motion by Y , seconded by JYi��, _ / , to uphold
the decision of the Administrative Officer to deny Certificate of Occupancy #CO-06-54.
Mark Behr lea/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/abstainlnot_resent'
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby yea/nay/abstain/not present
Motion carried by a vote of
Signed this !i / day of2006, 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 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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