HomeMy WebLinkAboutAO-05-05 - Decision - 0042 Airport RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
THOMAS E. CHASE - 42 AIRPORT ROAD
APPEAL #AO-05-05
FINDINGS OF FACT AND DECISION
Thomas E. Chase, hereinafter referred to as the applicant, is appealing the decision of
the Administrative Officer to issue Notice of Violation #NV-05-17 for a zoning violation at
42 Airport Road. The Development Review Board held a public hearing on December
20, 2005. The applicant was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. Zoning permit #ZP-03-332 was issued on 8/26/05 to convert the property at 42
Airport Road from general office use to personal instruction facility use.
2. On 3/23/04 a Certificate of Occupancy was issued for the change in use
authorized by zoning permit #ZP-05-332.
3. On 11/1/05, the Administrative Officer issued a Notice of Violation #NV-05-17 to
Chase Properties & Development, LTD. The violation cited was for commencing
land development at 42 Airport Road without a zoning permit for the following
activity:
" Using and occupying the property for auto rental use (auto rental vehicle
storage) without a zoning permit and without a Certificate of
Occupancy".
4. On 11/15/05 the applicant appealed the decision of the Administrative Officer to
issue Notice of Violation #NV-05-17.
5. Photographs were taken on 10/31/05 and 11/16/05 showing that auto rental
vehicles were being stored on the property.
6. Auto rental use, which includes the storage of rental vehicles, is a use listed in
Table C-1 of the Land Development Regulations.
7. The subject property is located in the Commercial 1 — Residential12 (C1-R12)
Zoning District.
8. The C1 — R12 Zoning District does not allow auto rental use as either a permitted
or conditional use.
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CONCLUSION OF LAW
No zoning permit or Certificate of Occupancy has ever been issued for auto rental use
on this property.
DECISION
Motion by (2A C'k QU10dV seconded by U�►� i �l l��h'
to approve Appeal #AO-05-05 of Thomas E. Chase.
Mark Behr - yeaabstain/ of present
Matthew Birmingham - yea/ is abstain/not present
Chuck Bolton - yea n abstain/not present
John Dinklage - ye na /abstain/not present
Roger Farley - yea/ /abstain/not present
Larry Kupferman - y a/ a /abstain/not present
Gayle Quimby - yea/�ia�jcl'abstain/not present
Motion FAILED by a vote of 0 -q. - b
Signed this -�9-0 day of2005, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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