HomeMy WebLinkAboutNV-01-0000 - Decision - 0002 0004 Market StreetDEVELOPMENT REVIEW BOARD
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CITY OF SOUTH BURLIhCTON
Re: APPEAL OF TEKRAM PARTniFRS, CENTURY PARTNERS & JUDGE COMPANIES
This matter came before the South Burlington Development Review Board pursuant to the
provisions of 24 VSA§ 4464(a) on appeal of Tekram Partners, Century Partners and Judge
Companies, hereinafter "Appellants," appealing the issuance of a Notice of Violation dated
9/26/00 by Administrative Officer for property at 100 & 102 Dorset Street and 4 Market
Street. The Appellants were present at the public hearings held on 12/5/00 and 3/20/01
relative to this appeal. Based on evidence submitted at the hearings and as part of this
appeal, the South Burlington Development Review Board hereby renders the following
decision:
1. The owners of record of this property are Tekram Partners, Century Partners and Judge
Companies.
2. On 5/12/98 the Planning Commission granted an "as -built" approval for the 100 Dorset
Street complex which includes 102 Dorset Street and Market Street. On 12/24/99 the
Development Review Board provided a revised plan for mezzanine space at 4 Market Street
(Healthy Living). The 1999 approval required that certain modifications be made to the site
which have yet to be implemented.
3. A comprehensive review of the property revealed that site modifications were made
since the 1998 plan was approved without approval. This review also revealed that
conditions of the 1999 approval have yet to be met. The Administrative Officer listed
condition as not implemented or site modifications made without approval in the three (3)
separate Notices of Violation dated 9/26/00. Mr. Judge submitted a letter dated 10/3/00
in response to these Notices of Violation.
4. On 10/25/00 staff and the City Attorney met Peter Judge and his attorney on the site
and reviewed each of the items listed in the Notices of Violation. The purpose of these
Notices of Violation is to bring the property into compliance with past approvals and the
zoning regulations.
5. On October 5, 2000, the three (3) Appellants filed one (1) Notice of Appeal appealing
the decision of the Administrative Officer to issue the three (3) Notices of Violation.
CONCLUSIONS OF LAW
The South Burlington Development Review Board, based on the facts of the matter,
concludes that the Administrative Officer acted properly in determining that the Appellants
are in violation of the zoning regulations for making site modifications to the property
without approval and permits and for non-compliance of an approval granted on 12/24/00.
DECISION
Based on the above Findings of Fact and Conclusion of Law, the South Burlington
Development Review Board denies the Appellants' request to vacate and reverse the
Administrative Officer's decision of 9/26/00 and affirms said decision.
Dated this % / day ofA , 2001 at South Burlington, VT
Chairman or Clerk
South Burlington Development Review Board