Issue acknowledged.

Any follow-up CE.

A great deal of follow up took place. We documented the conditions and attempted to contact the property owner. A zoning warning letter was sent to the property owner. The owners did not respond or correct the violation.

A Zoning Notice of violation was issued in July. The property owners responded on July 15 indicating some items had already been removed and others were being removed. The property owners agreed to work with the Zoning Specialist and the city attorney's office set up an agreement and schedule for compliance no later than November 15, 2016 to avoid further action in Environmental Court.

The details of the Zoning Violation are noted below:

VIOLATION DETAILS
LOCATION: 19 WEST ROAD
DECISION DATE: July 12, 2016
VIOLATION DESCRIPTION: (1) Property is inconsistent with ZP 13-0688BA approvals. (2) Failure to obtain a Final Certificate of Occupancy for ZP 13-0688BA. (3) Expansion of parking west of driveway without zoning approval. (4) Excessive exterior storage (greater than 25 sq ft.) without zoning approval. (5) Operating a contractor’s yard without zoning approval. See attached photos.
.
FINDINGS: • Mailed Notification Letter on June 28, 2016; no response.
• Owners received approval for ZP 13-0688BA on January 22, 2013 to enclose existing front porch, build new covered front porch, install front walk, change roof pitch, and construct rear shed dormer. January 27, 2015 Owners called Planning/Zoning office noted construction had already began, requested and received a one year extension to complete construction. Building permit never issued for this project. Work has been completed, see attached photos. To date, no certificate of occupancy request.
• Parking has been expanded west of the approved driveway on January 22, 2013. See attached photos and site plan.
• Article 3 Sec. 3.1.2 (10) of Comprehensive Development Ordinance restricts exterior storage to 24 sf. (see attached photos)
• Operation of a contractor’s yard. Many large construction vehicles on Premises, some parked west of the driveway, on lawn (see attached photos).

REMEDY OPTIONS: Within seven (7) days from receipt of this notice you may cure the violation by:

1) – Removing the violation noted above: (1) Ensure property complies with site plan approved on 1/22/2013; (2) obtain a building permit and certificate of occupancy for ZP 13-0688CA; (3) relocate all vehicles west of the drive way to within the approved driveway; (4) remove all excessive storage from property; (5) obtain a home occupation permit for the construction business. YOU MUST restore the Premises to its prior state (ie. restoring all lawn area damaged by the illegal parking and excessive storage), and informing the Code Enforcement Office that the violation has been removed so our office may verify compliance; or

2) - Obtaining approval from the City’s Department of Planning and Zoning for expansion of the driveway, exterior storage in excess of 24 sf, and operation of a home occupation without an approved zoning permit (permit application fee is doubled if complete application is submitted within seven days from receipt of the NOV, tripled if a complete application is submitted 7-15 days from receipt of the NOV, or triple plus $75 per hour of Code Enforcement staff time (up to $500) if a completed application is submitted after 15 days from date of NOV receipt). See CDO Section 2.7.8. PLEASE NOTE: If the zoning permit request is denied, the violation is NOT cured. Owner shall be required to remove the violation as noted in #1 above or request an agreement as noted in #3 below within five (5) business days from date of the permit denial to remedy the violation; or

3) - Entering into an Agreement with the City of Burlington to modify deadlines in which to come into compliance with the City’s ordinance (administrative fees required).
APPEAL RIGHTS: You have the right to appeal the enforcement officer’s decision that a zoning violation exists on your property to the Development Review Board in accordance with the provisions of Articles 2.7.11 and 12.2.2 of the CDO within fifteen (15) days from the date of this notice. The deadline for filing an appeal is 4 pm on July 26, 2016. Submit a complete application with ZV# and appropriate fee to the Department of Planning and Zoning, accompanied by a memo stating the ZV#, the owner’s name and address, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief you are requesting, and the alleged grounds why such relief is believed proper under the circumstances. Failure to appeal constitutes admission that the violation exists, and the decision of the enforcement officer shall be binding 24 V.S.A §4472(d).
REGULATION CITATION: CDO Article(s): 2, 3, 5, 12, 13 and 24 VSA §4451

The property owners applied for a new Zoning Permit on September 9, 2016 with the project description to “Install stockade fence on side of property near garage and driveway.”

The Zoning Specialist is scheduled to inspect the property for the November 15, 2016 deadline and we will provide an additional update at that time.

Thank you very much.

Nov. 15 2016 has come and gone, any update ? This looks like one of the trailers that I reported as being on the street on Tracy drive...

This issue was recategorized from Other to Zoning complaint.

The property owner was sent a breached agreement notification in November. The letter stated in part:

Owners have fallen back into violation and are responsible for fines of $50 per day, beginning with date of this notification, until all the violations have been successfully cured and acknowledged as cured by the City; please note there will be no extensions to the noted deadlines or further notifications.

The property owner's options are to voluntarily comply and pay the fines that have accrued or the city attorney's office will file the necessary paperwork in court to ask a judge to compel the property owner's compliance.

We will post an update as this progresses.

Update?

Was this ever resolved, or has it simply fallen through the cracks?

The property owner was issued a Zoning Permit by the Department of Planning and Zoning for changes and corrections to the property last October 2017 and it has an interim followup inspection for compliance on October 4, 2018.

We will verify the conditions according to the approved plan and post the update here.

Closed