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HomeMy WebLinkAboutNV-01-0000 - Decision - 0002 0004 Market StreetDEVELOPMENT REVIEW BOARD NV ,c�1— D000 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