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PRINTA neighbor of the zip line operation that held its “soft opening” Monday is suing to close it down on the grounds that it is a commercial venture in a residential zone. The complaint, filed this week in Superior Court, also alleges that one or more structures connected with the venture are built closer to the required 15 feet from adjacent property.
A zip line is a type of aerial rope slide mounted on an incline to enable a user to travel or tour, often accessing remote areas, by a pully system and gravity. Zip line tours are becoming popular vacation activities.
Andrew Bowers, manager of the Tree Limin Extreme, which operates the attraction, said late Wednesday he was unaware of the complaint and thus unable to offer an immediate response. The venture does have its building permits and business license.
The case has an interesting political twist. The plaintiff is an entity called One St. Peter LLC – read prominent attorney Paul Hoffman – which owns Parcel No. 1 Estate Peter, next to Parcels 2 and 2A where Tree Limin Extreme LLC has constructed a building and several platforms with zip lines running from one to another. Hoffman’s sister, Jane Walker, lives in a home on Parcel No. 1.
“We tried very hard to resolve this amicably,” said Maria Tankenson Hodge, who is listed on the complaint as the attorney for One St. Peter LLC. “We would have preferred a neighborly resolution.”
As for Hoffman’s status, Hodge acknowledged that he is viewed as close to the governor, who has publically supported a zip line attraction as a way to improve tourism, but Hodge said in this case, Hoffman is “just another Virgin Islands resident trying to get fair treatment from the government.”
The soft opening resulted in neighbors being subjected to “loud shouts, squeals and generally disturbing noise” that will only get worse once the attraction is in full operation, according to the complaint.
It asks the court for a preliminary and permanent injunction and a declaratory judgment closing the attraction and forcing the owners to remove structures that the plaintiff says were constructed within the legally required 15-foot setback from the property line.
In a phone interview, Hodge described the structures as supports for the zip line platforms. “I’ve been told it’s several” that are within the setback.
The suit also seeks compensatory and punitive damages. Hodge explained that a plaintiff is not allowed to specify a figure for damages for a problem. “It depends how long it stays there before it’s rectified and how much harm it causes,” she said.
The Department of Planning and Natural Resources issued the building permit to Tree Limin Extreme and the Department of Licensing issued it a license. So why isn’t the government named in the suit?
“There are some administrative steps to take first,” Hodge said, adding that they had held off on those hoping to settle the issues without asking for a formal administrative hearing. But once the license was issued and the attraction opened, it was time to go to court.
This is another prime example of the VI Government dropping the ball and not protecting the rights of homeowners.
I have nothing against this business and think it would be a great attraction except for the fact that it does not belong in a quiet, residential neighborhood.
The zoning application for this should never have been allowed and whomever was responsible for allowing such an business to set up shop in this neighborhood should be fired.
When people purchase homes in a particular zoned location, they do so with certain expectations of privacy and the rights to live in a quiet, peaceful manner. This cannot be done when our Government continues to allow our rights as as homeowners to be trampled and the zoning laws that we do have in place - IGNORED.
I cannot blame the homeowners in the area for bringing suit. It was a very sneaky manner in the way this commercial business enterprise was allowed in a residential location.
I sure as heck would not want to deal with the daily traffic congestion that is bound to come to that dangerously narrow stretch of road with its attendant problems nor be forced to listen to constant, excited, high pitched screams of those flocking to the attraction 7 days a week, all day long.
Neither would you!
This is exactly why our Government officials and Senators need to stop all this spot zoning nonsense in addition to holding public hearings and contacting those living in an area that are going to be greatly and directly impacted by any and all zoning changes.
We need have to better noise ordinance laws to protect homeowners from debacles such as this and the constant barrage of unwanted and unnecessary noise that has crept into our daily lives.
You hear that "Chuckie?"
People need to be able to enjoy being in their homes, have the peace and quiet they expect and deserve. We have every right to do so until the bad decisions such as this are allowed to be made.
It needs to be stopped.
HEAR,HERE especially the CHUCKIE part!!!!
HEAR,HERE especially the CHUCKIE part!!!!
HEAR,HERE especially the CHUCKIE part!!!!
I am quite amazed that a permit for this project, in a (previously) quiet residential area, was approved. Evidently a request for a permit for a commercial venture at Crown and Hawk was denied by DPNR, after residents raised concerns about increased vehicular traffic, noise, etc. Was there ever a public hearing about the zip line project, which affects quite a few more residents than just the adjacent neighbors? Evidently not! Were there any studies done on the impact to the ecosystem? Birdlife? Reptiles? I would rather hear the raucous squawks of a flock of parakeets any day, over screeching humans. No limin anymore in the mountain top/St. Peter area with this EXTREME project!
This is disgusting...greed....residents don't have any rights anymore...we vote our senators in to protect our residential zonings so we can live in peace ...the argument that projects like this benefit the islands economy as additional attractions for tourists is absurd... By attracting people to this attraction ,you are basically just removing them from another attraction that is already established on island... Why don't we concentrate on developing the commercial zones where the tourists all ready are,,, Many stores and vendors are struggling in town to keep their doors open,,, and now our senators are helping displace these tourist to residential areas...