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HomeMy WebLinkAboutCU-01-10 SP-01-20 - Decision - 1200 Airport DriveI #CU-01-10 & SP-01-20 FINDINGS OF FACT AND DECISION STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, site plan application #SP-01-20 and conditional use application #CU-01-10 of Independent Wireless One Leased Realty Corporation seeking conditional use approval from Section 26.05 of the South Burlington Zoning Regulations. Request is for permission to install six (6) telecommunication antennas on an observation deck to extend 54 feet 4 inches above the existing grade, 1200 Airport Drive. On the 15th of May, 2001, the South Burlington Development Review Board approved the site plan and conditional use applications of Independent Wireless One Lease Realty Corporation under Section 26.10 and Section 26.05 of the South Burlington Zoning Regulations based on the following findings: 1. The applicant sought conditional use and site plan approval to install six (6) telecommunication antennas on an observation deck to extend 54 feet 4 inches above the existing grade,1200 Airport Drive. 2. The owner of record of this particular property is the City of Burlington. 3. The property is located in the Airport District. It is bounded on the south by Williston Road, on the west by Airport Drive, on the north by National Guard Drive, and on the east by the Town of Williston. 4. Conditional Use Criteria: The proposed use complies with the stated purpose of the Airport District to "allow airport uses, support facilities, and other specified uses that may directly relate to airport operations." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. No adverse affect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be C affected. f) general public health and welfare. No adverse affect expected. 5. Site Plan Criteria: No affect on any criteria. DECISION AND CONDITIONS Based on the above Findings of Fact, the South Burlington Development Review Board approves site plan application #SP-01-20 and conditional use application #CU-01-10 of Independent Wireless One Leased Realty Corporation seeking conditional use approval from Section 26.05 of the South Burlington Zoning Regulations. Request is for permission to install six (6) telecommunication antennas on an observation deck to extend 54 feet 4 inches above the existing grade,1200 Airport Drive, as depicted on a six (6) page set of plans, page one entitled `Burlington International Airport Observation Tower Deck Elevation", with a stamped received date of 5111/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the antennas. 3) The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4) Any change to the site plan shall require approval by the South Burlington Development Review Board. 7 4a��, Chair or Clerk Da e South Burlington Development Review Board Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality). Ea