There is a building permit on file from August 29, 2016 to
"Replace existing front 7 x 9 deck with new in kind, guard and handrails".

When the Building Inspectors from DPW issue a permit for work that is replacement in kind, there is no requirement for a zoning permit. The city could require the property owner to go to zoning and get a Non-Applicability Permit which means - No zoning permit is required. The public has complained about the unnecessary steps involved in getting a permit, so it looks like staff members were trying to accommodate a more streamlined permitting process by only issuing the required document which was the building permit.

Sec. 3.1.2 Zoning Permit Required
Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development may be commenced within the city without a zoning permit issued by the administrative officer including but not limited to the following types of exterior and interior work:
(a) Exterior Work:
(b) 2. Alterations to building elevations/appearances including, but not limited to, re-siding or window replacement (or addition) or other changes that alter trim details or otherwise change the exterior appearance.

Determination of Non-Applicability:
A determination of non-applicability may be made by the administrative officer and a written decision issued outlining the request of the applicant and that a zoning permit is not required. Photographs of the property shall be required to document the existing condition. The determination may be made and a decision may be issued the same-day, but shall be subject to the appeal period for administrative determinations as outlined in Sec. 3.2.9 and Article 12.

No disrespect Mr. Ward. But this porch is not replacement in kind, it has a different appearance. The new porch does matches the house and neighborhood better.

previous porch

This is a similar issue to the historic porch that was issued a non-applicability permit at 62-64 Buell. Preferential treatment has been given to one citizen that directly goes against City ordinances.

To be clear, my responses were designed to give you a response as to the work of two other departments, not to give a determination. Code Enforcement does not make these determinations. We are not authorized by the ordinance to make determinations. They are up to the Planning and Zoning department in conjunction with the Department of Planning and Zoning.

No one is trying to hide anything here. This is a public facing system. Everyone can read and see everything that is posted. Your comment about preferential treatment should be addressed to the Department Head of the agency you are accusing. I'm certain they will investigate the specifics of your complaint.

If you feel that any department has committed some violation of the law, I urge you to file a formal complaint. The Zoning Complaint form is below. By filling out the form, you would be following the ordinance which requires the city to provide you personally with a written determination from the Zoning Administrator.

https://www.burlingtonvt.gov/sites/default/files/CodeEnforcement/Zoning/Zoning%20Complaint%20Form%2011.17.15.pdf

If you feel that the Department you are accusing of preferential treatment is not able to appropriately investigate the matter, you should direct your complaint to the City Attorney's office at 865-7121.

We will pass the details on to the planning and zoning administrator for the determination.

I will ask that The Department of Planning and Zoning make the next comment on SeeClickFix about this issue.

As I said, no disrespect Mr. Ward. You undertake a lot as the Director of CE.

It would be great if the entire permitting process was streamlined, as in this situation. Some of the permit requirements by the City are ridiculous and very time consuming. It appears that the process was altered, probably for the better, but not everyone gets to have this streamlined process. Is this an indication that the permitting process is changing?

Looks like pressure treated lumber. Is the property historic?

This content is currently blocked. The content is either under review by SeeClickFix or has been confirmed by SeeClickFix for violation(s) of SeeClickFix Terms of Use (https://www.civicplus.com/terms-of-service). Content that aligns with SeeClickFix Terms of Use will be posted, and content that does not align with our Terms of Use will not be permitted for public viewing.