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Home My WebLink AboutZB-98-0000 - Supplemental - 1150 Airport DriveCity of South Burlington Application to Board of Adjustment Date April 14,.1998 Applicant city of Burlington, OWNER Owner,, leasee, agent c/o McNeil, Leddy & Sheahan Official Use APPLICATION # HEARING DATE FILING DATE F E E A M 0 U N T Address271 So. Union St., Burlington, VT Telephone # 863-4531 U-54UT— Landowner Same Address Same Location and description of property 1150 Airport Drive, South Burlington, Vermont; Commercial space located at Burlington International Airport Type of application check one: ( X) appeal from decision of Administrative officer ( ) request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zonin_q ordinance in question 27-10; 16.00; 17.00 This Appellant is filing this request to satisfy the applicable time- n Roan b f line. This Appellant expects that the appeal will be presented and argueR Y R& Uperalt Servtues ELU, NM!or NeagTey Chase construction. Present Appellant denies violating any applicable provision of the zoning ordinance. The following documents are submitted in support of the application: This Appellant requests leave to submit any supporting documentation reasonably prinr to any hearing. Hearing Date S nature of Appellant MCNEIL' EDDY & SHEAHAN Attornely for Appellant Do not write below this line SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117 Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week MIMI at Month and Date Time Appeal of we to consider the following: 0-* 0.1 "4� / �,�X 30� at(, 144 14, C;? of the goath Ba*&"gten ZenLaq RequJ.&Avions. Requt Is- f-&-Q_Q"4,-"JQn_'to 4 City of South Burlington Application to Board of Adjustment Date 04/17/98 Applicant HCA Aircraft Services, LLC (Lessee) Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Owner, leasee, agent c/o Mark L. Sperry, Esq., Langrock Sperry & Wool, AddressP.O. Box 721, Burlington, VT 05402 Telephone # (802) 864-0217 c/o Joseph A. Farnham, Esq.— Landowner City Of Burlington Address 271 So. Union St., Burlington, Location and description of property "North Hangar." 1150 Airport Drive, building known as VT 05401 Type of application check one: (xx) appeal from decision of Administrative Officer ( ) request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Article 16 (Airport District), Provisions of zoning ordinance in question Section 26 (Non -conforming Uses) Reason for appeal See attached sheet. The following documents are submitted in support of the application: BY: /9 L-� Hearing Date Signature of Appellant Andrew F. Button, Its Duly Authorized Agent Do not write below this line --------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Rooml 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of seeking a eA.� from Section L) 4011, of the South Burlington Zoning Regulations. Request is for permission to X44_0-v 100" /_�5" L) L) C'� City of South Burlington Application to Board of Adjustment Date 04/17/98 Official Use APPLICATION # HEARING DATE FILING DATE Applicant HCA Aircraft Services, LLC (Lessee) FEE AMOUNT Owner, leasee, agent do Mark L. Sperry, Esq., Langrock Sperry & Wool, Address P.O. Box 721, Burlington, VT 05402 Telephone # (802) 864-02 17 c/o Joseph A. Farnham, Esq. Landowner City Of Burlington Address 271 So. Union St., Burlington, VT 05401 Location and description of property 1150 Airport Drive, building known as "North Hangar." Type of application check one: ( ) appeal from decision of Administrative Officer ( ) request for a conditional use (xx) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Article 16 (Airport District), Provisions of zoning ordinance in question Section 27 Reason for appeal See attached sheet. The following documents are submitted in support of the application: Applicant shall submit a Memorandum in Support of this application -prior to the ublic hearinR. HCA AIRCRAFT SERVICES, LLC � /9BY: Q__e�k_ Hearing Date Signature of Appellant Andrew F. Button, Its Duly Authorized Agent Do not write below this line --------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at Month and Date Appeal of seekina a Time from Section to consider the following: of the South Burlington Zoning Regulations. Request is for permission to 1;M@111-**jK9N VALET AIR SERVICES. HCA AIRCRAFT SERVICES, LLQ and THE CITY OF BURLINGTON FOR CONSIDERATION OF ZONING CHANGE July 1, 1998 Joe Wyth, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Joe: We represent Valet Air Services, HCA Aircraft Services, LLC and the City of Burlington, respectively. The City, of course, is the owner of the Burlington International Airport. Valet Air Services operates fixed base operations ("FBOs") at the airport, and HCA is an affiliate of Valet which holds the lease of the buildings at 1150 and 1130 Airport Drive (formerly the Innotech operation). We and representatives of our clients would like the opportunity to appear before the Planning Commission to discuss the following request for an amendment to the City of South Burlington Zoning Regulations: Amend Article XVI (Airport District (AIR)) by adding Section 16.109- "General Office." We understand that there is a Planning Commission meeting on August 11, 1998, and we would most appreciate being put on the agenda. If you need any more information from us in the meantime, please do not hesitate to give either one of us a call. Sincerely yours, Valet Air Services By: M �rk L. -S?per�y, Esq. Attorney f Valet Air Services HCA Aircraft Services, LLC By: A 16�� M6rk L. Sper5rk, Esq. Attorney r CA Aircraft Services, LLC As BLff kngt Jos4h A—Fa�nham, Esq. Attoiney for the City of Burlington cc: Dick Ward, City of South Burlington Zoning Administrator 719861 MIODLIzOURY PETER;: ANGROCK ILLCN VILIRCER FALLON WILLLAM 0 MILL=Rr JR )AM63 VV SWIFr EMILY J JOSCLSON JOmN F EVERS 'U!AN M MURRAY JOHN L KELLNFR MITCHELL L. PEARL KEVIN 9 13ROYM r-*RANK H LANGROCK BETH ROBINSON F RENCIOL 8ARLOW OEVIN MCLAUGHLIN AFFILIATZ-0 COUNSrl ROLAND GRAY III June 22, 1998 LANGROCK SPERRY & WOOL ArrORNEYS A'r LAvv A PARTNERSHIP INCLUUNG A PROFESSIONAL CORPORATION MIDDLEBURY SURUNGTON: 15 5, pleass"it SI P 0 Ora.ar 161 middleoury. vermwit 06753-0351 802-388-63% Fax 802.38A.A'. 49 Richard Ward, Zoning Administrator Town of South Burlington 575 Dorset Street South Burlington, VT 05403 275 Oal:w,. 31,.�t P 0 aox 7�' Swriftion, Vernorr 0541)2-0721 802 964.,12-7 F,m a02-$d4-Q 137 BURLINGTON MICI JAEL Id ACCL MARK L bPERRY CHRISTOPHER L DAVIS LIAM L MURPHY THOMAS Z CAkL;,UN ALISON J, BELL LISA 3 SHELKRCT ERIC M KNuOSEN REPLY TO - GURLINGTON OFFIrE VIA FACSIMILE Re: HC-A Aircraft Services -Appeal and Petition for Vgrian.ce -- City of BurlinatQn Dear Dick: As I indicated in our telephone conversation this morning, the City and Valet Air HCA are attempting to finalize an agreement, but unfortunately Joseph Farnliarn left on vacation Friday with some of the issues still up in the air. Nancy Sheehan is covering for Joe, and she has indicated to me that she has no objection to putting this matter off for another two weeks, which is also my preference. You requested that I drop you a line indicating the situation, and that you would explain the situation to the Zoning Board. I will therefore assume the hearing is continued again, Thank you for your consideration. Sincerely yours, Mark L. Sperry MLS/rsh cc: Nancy Sheehan, Esq. Mark Hall, Esq. Andrew Button 5) HCA AIRCRAFT SERVICES - ERJC KNUDSON - 1150 AIRPORT DRIVE Area zoned Airport District. Section 16. 10 Permitted uses prohibits general office use. Section 26.00 Non conforming uses, sub section 26.004 change of use. Section 26.65 Multiple uses. Should the Board support the decision of Ray Belair, the appellant is requesting a variance from Section 16. 10 or Section 26.003. Proposed use 15,000 square feet and general office and 13,000 square feet for warehousing and airport related use (maintenance for aircraft). Staff has suggested to the applicants that amending Section 16. 10 to include general office use is the better way to resolve this matter. Most buildings within the Airport complex provide general office use as accessory to the principal use. 4) CITY OF BURLINGTON - ATTORNEY JOSEPH FARNHAM - 1150 AIRPORT DRIVE The area in question 1150 Airport Drive is zoned Airport District - uses permitted under Section 16. 10 prohibit general offices. The prior principal use of the building in question was a permitted use under Section 16. 101. Any office use of the building wa's accessory. On or about April 1, 1998 a general contractor d.b. a. Neagly & Chase Construction Company occupied approximate 2700 square feet of the building in question. Since general office is not a permitted use Neagly & Chase and the City of Burlington were cited by Ray Belair, Assistant Zoning & Planning Administrator (copies of notice of violations enclosed). The City of Burlington has appealed the violation. ,IAIDDLFBURY, PETER F LA14GROCK !ULFN MERCER FALLON WILL" 9. MILLFR. JA jAm6S W SWIFT EMILY J, JOSFLSON JOHN F EVERS SUSAN M MURRAY JOHN L. KaLLNER MITCHELL L. PEASIL KEVIN E BROWN FRANK H LANGROCK OCTI I ROBINSON F RENDOL BARLOW OGVIN McLAuGHLIN AFFILIAT90 COUNSCL- XQLANO GRAY. III June 8, 1998 LANGROCK SPERRY & WOOL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION MIDDLIGURY PURILiNGTON. 15 S. Pleasant SI- P 0 Drawer lm i midalobury, Varmant 06763-OW1 BC2-31111-6356 Fax 802-306-4149 Richard Ward, Zoning AdministTator Town of South Burlington 575 Dorset Street South Burlington, VT 05403 275 CLIlege Street P 0 Box 721 R�rhnplon Vermant 05101-7-0721 R02-064-0217 -ju-,ft4-0i.37 GUALINGTON MICHAFL W WOOL MARK L SPERRY CHRISTOPHER L DAVIS I.IAM I MURPHY THOMAS Z CARLSON ALISON J BELL LISA 2 SHELKROT ERIC M KNI.InSEN REPLY 70; BURLINGTON OFFICE VIA FACSIMILE Re: LECA jjrcraft.�ervicesjppeal avdEgtitlon f�r Citv o1*Rz4r11ngre)n,4j)j)ea1 Dear Dick: On Friday, May 5, the City Of Burlington and HCA Aircraft Ser\,icc:s./ Va-lle-%.r Air Services resolved their differences in principal, and Joe Fan�ihani, representing the City, and I are in the process of drafting a writtenagreement. Part of the resolution will involve our request (with the support of the City of Burlington) for a zone change which would allow the general office use involved in the above appeals. Due to the shorLneNs of tirne, we will not be able to complete the drafting and have the request for the zone change to the City by the time of the meeting which is scheduled for this evening, June 8. 1998. However, we fally expect to have this done by the end of the week. My request and suggestion, therefore, is that this evening the above cases be continued for another fifteen (15) days. A requeNt for the zone change would then be filedvvith the City of South Burlington, and after that occurs, these proceedings could then be continued ugain. tuitil we see whether or not thI; City of South Burlington is willing to approve the change. 0 I ain authorized by Joe Farnham to tell you that the City ot'Burlington concurs in this request. Please call us this afternoon and let us know if this is agreeable. Sincerely yours, Mark L erry M11 S/Slix cc: Williarn A. Fead, Esq. Joseph Farnham, Esq. Andrew Button 710281 M10CLAIIIIIIJAY PETER; LANGRO(�K ELLEN MERCER FALLON WILLIAM 0. MILLER JR. JAMIJSW SWIFT P-MILY.I. JOSELSON JOHN F EVERS SLICAN M MURPIAY JOHN L KILL141IR MITCH&LL L. PILARL KEVIN E- BROWN F RENDOIL OARLOW FRANK H LANGROCK BETH ROBINSON I)FVIN Md.AUCHI.IN AFFILIATED COVNSF-L KOLANU (WAY. III Re: LANGROCK SPERRY & WOOL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A PROFES$IONAL CORPORATION Mj0DL9QURY- Middlebury, Vermont 05753-0351 e32-38a-6355 Pax 1602-39"149 BURLINGTON! �7� C.ol!ACa 57raoij P 0 Box 7nl sulelglull, valmer'! 05402-0721 40�.'-4154-0217 , Pw 802-864-0137 FACSIMILE TRANSMITTAL SHEET TO -. FAX NUMBER: FROM - DATE: NUMBER OF PAGES: TRANSMITTER: I Enclosure: I Message: Richard Ward, Zon;ng Administrator 6584748 Mark L. Sperry, Esq. June 8, 1998 2 (including this page) Sheri Lehouiller PLEASE NOTIFY (802) 864-0217 IMMEDIATELY IF ANY PAGES ARE RECEIVED IMPROPERLY BURLINGTON MICHAEL VV WOUL MARK L. SPERRY CHRISTOPHER L. OAV13 LIAM L MURPHY THOMAS Z CARLSON ALI-SON J BELL LISA I SHELKROT ERIC M KNUDSEN REPLY TO: BURLINGTON QFFICF The pager. comprising this facsimile transmission contain confidential information. This Information is intended solely for use by the individual entity named as the recipient hereof. ir you are not the intended recipient, be aware tliat any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, ple3se notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. PAUL, FRANK & COLLINS, INC. ATTORNEYS AT LAW Peter M. Collins John T. Sartore (NY) ONE CHURCH STREET B. Michael Frye Alan D. Port P.O. BOX 1307 Robert G. Cain (NY) S. Crocker Bennett, 11 BURLINGTON, VERMONT 05402-1307 Robert S. DiPalma Stephen J. Soule (W Gail E. Haefner TELEPHONE (802) 658-23H Stephanie J. Mapes Kenneth R. Appleby (DC, MD) TELECOPIER (802) 658-0042 Stephen G. Norten Elizabeth J. Grant (MA) Christopher McVeigh (NE, NY) John H. Draper, IV Jan E. Bernasconi (MA) David Borsykowsky (W William Alexander Fead'(NJ) May 6,1998 Mr. Richard Ward, Zoning Administrator City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Re: Neagley & Chase Construction Co. — zoning citation Dear Mr. Ward: Matthew E.C. Pifer William D. Riley Mark G. Hall David J. Spielman Bess Messerman Okum (OH) Frank V. Petrosino Wendy S. Beinner (NJ, NY) R. Allan Paul Joseph E. Frank Robert J. Grenier (MA) OF COUNSEL This will confirm your telephone conversations with our office in which we agreed that the hearing of the Neagley & Chase appeal of the zoning citation has been continued along with the appeals of the City of Burlington and HCA Aircraft Services, LLC, to allow for completion of the negotiations relating to a zoning change more completely described in Mark Sperry's May 4, 1998 letter. Thank you for your cooperation in this regard. Very truly yours, PAUL, FRANK & C, LINS, INC. 'i Arllexjanr Fead WAF:sm cc: Neagley & Chase Construction Co. Mark Sperry, Esq. Joseph Farnham, Esq. P.- U671 U�DrXard.doc City of South Burlington Application to Board of Adjustment Date April 21, 1998 official Use APPLICATION # HEARING DATE FILING DATE Applicant Neagley & Chase 0"trIltior, Company (Sublessee) I FEE AMOUNT Owner, leasee Mat, Frank & Collins, Inc. c/o William Alexander Fead 93q.9 OM Qwrch St., P.O. Box W Address W 05402-1307 Telephone # (802) 658-2311 c/o Joseph.A. Fambam� Es(1- Landowner City of Burlington Address 271 So. Union St.. BurlingtOng VT 05401 X11d e-1h 0 C .2 Location and description of property 1150 Airport Drive, building Imown as the "North jtwexll Type of application check one: (xx) appeal from decision of Administrative Officer ( ) request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which Is to off -set the cost of the hearing. Provisions of zoning ordinance In question Article 16, Sections 26 and 27 Reason for appeal See attached sheet The following documents are submitted in support of the application: Applicant shall submit a memorandum in Support Prior to the publ1c hearing. Hearing Date NEAGLEY V PJMON A Signature of Apperlant Its Attorney Do not write below this line --------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week Month and Date Appeal of seeking a at to consider the following: Time from Section of the South Burlington Zoning Regulations. Request Is for permission to City of South Burlington Application to Board of Adjustment Applicant: Neagley & Chase Construction Company REASON FOR APPEAL: Appellant appeals from the April 15, 1998 Notice of Zoning Violation issued to Neagley & Chase Construction Company with respect to 1150 Airport Drive. Appellant asserts that the present use of the premises is not a change in use requiring a zoning permit, that the present use of the premises is a permitted use and, in the alternative, that the present use of the property, if not a permitted use, is a pre-existing non -conforming use, the continuance of which is permitted by the zoning ordinance. PA567 I \3\Appeal attachment.doc PAUL, FRANK & COLLINS, INC. ATTORNEYS AT LAW Peter M. Collins Matthew E.C. Pifer John T. Sartore (W ONE CHURCH STREET William D. Riley B. Michael Frye Mark G. Hall Alan D. Port P.O. BOX 1307 David J. Spielman Robert G. Cain (NY) Bess F. Messerman (OH) S. Crocker Bennett, 11 BURLINGTON, VERMONT 05402-1307 Frank V. Petrosino Robert S. DiPalma Wendy S. Beinner (NJ, NY) Stephen J. Soule (NH) Gail E. Haefner TELEPHONE (802) 658-2311 Stephanie J. Mapes Kenneth R. Appleby (DC, MD) TELECOPIER (802) 658-0042 Stephen G. Norten R. Allan Paul Elizabeth J. Grant (MA) Joseph E. Frank Christopher McVeigh (NE, NY) Robert J. Grenler (MA) John H. Draper, IV OF COUNSEL Jan E. Bernasconi (MA) David Borsykowsky (NY) William Alexander Fead (NJ) April 22, 1998 Board of Adjustment, Clerk City of South Burlington 575 Dorset St. S. Burlington, VT 05403 Re: Neagley & Chase Construction Company; Notice of Appeal/Zoning Citation for 1150 Airport Drive, South Burlington, Vermont Dear Sir or Madam: Please find enclosed Neagley & Chase Construction Company's Notice of Appeal to the Board of Adjustment with respect to the above referenced property. I have also enclosed this firm's check in the amount of $50.00 to cover the filing fees. Please contact me if you have any questions with regard to the above. Very truly yours, PAUL, FRANK & COLLINS, INC. William Alexander Fead WAF:sm Enclosures cc: Neagley & Chase Construction Company (wlencl) P:\567 I \3\Ltr\Bd. of Adjust.doc MIDDLEBURY PETER F LANGROCK ELLEN MERCER FALLON WILLIAM B MILLER, JR JAMES W SWIFT EMILY J JOSELSON JOHN F EVERS SUSAN M MURRAY JOHN L KELLNER MITCHELL L PEARL KEVIN E BROWN FRANK H LANGROCK BETH ROBINSON F RENDOL BARLOW DEVIN McLAUGHLIN AFFILIATED COUNSEL ROLAND GRAY, III May 4, 1998 LANGROCK SPERRY & WOOL ATTORNEYS AT LAW A PARTNERSHIP BURLINGTON INCLUDING A PROFESSIONAL CORPORATION MICHAEL W WOOL MARK L SPERRY CHRISTOPHER L DAVIS MIDDLEBURY: BURLINGTON: LIAM L MURPHY THOMAS Z CARLSON 15 S Pleasant St 275 College Street ALISON J BELL P 0 Drawer 351 P 0 Box 721 Middlebury, Vermont Burlington, Vermont LISA B SHELKROT 05753-0351 05402-0721 ERIC M KNUDSEN 802-388-6356 802-864-0217 Fax 802-388-6149 Fax 802-864-0137 REPLY TO: BURLINGTON OFFICE Richard Ward, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Application of HCA Aircraft Services, LL C For Zoning Variance - 1150 Airport Drive, Appeal of City of Burlington and HCA Aircraft Services, LLC from Decision of Administrative Officer Dear Dick: We represent HCA Aircraft Services, LLC ("HCA") in connection with the above, which is scheduled for hearing before the South Burlington Board of Adjustment on May 11 , 1998. This letter will serve as HCA's request for a postponement of the hearing for 30 days. The reason for this requeSt is that it would be. HCA's nrpfprencp to spek a 2'onina change so that the building in question is in the Airport Industrial District, instea� of the Airport District. HCA has requested that the City join in that request, but unfortunately, the City cannot make that decision without a meeting of the Airport Commission. Due to some scheduling difficulties, that meeting cannot now occur until the afternoon of May 11 , 1998, the date scheduled for the hearing. HCA would like to avoid gearing up for the hearing, and then, depending on what action the Airport Commission takes, requesting this postponement just hours before the scheduled hearing time. Should the hearing need to be rewarned, HCA will pay for any additional publication Richard Ward, Zoning Administrator Re: Application of HCA Aircraft Services, LLC For Zoning Variance - 1150 Airport Drive; Appeal of City of Burlington and HCA Aircraft Services, LLC from Decision of Administrative Officer May 4, 1998 Page -2- costs involved. I have spoken to Joe Farnham who represents the Airport, who related that the City of Burlington has not objection to our request. Sincerely yours, Mark L. Spe r Esq. Attorney f HCA Aircraft Services, LLC MLS/dIn cc Andrew Button Sandy Fead, Esq. Joe Farnham, Esq. 681801 LEGAL NOTICES #6 ,Appeal of Brian wax- ler seeking ap rovai from Section 29.06� District boundary line ex- tension of the South our- #3 Appeal Ot Hexoo Development, Heidi liMgton Zoning Regula- tions. Request is for Buthway, agent seeking a variance from Section I permission to extend the commercial district 2S.00 Dimensional re- boundary line fifty (50) feet easterly to comply quirements, sub section 25.101 setbacks & Sec- with required setbacks tion 26.00 Non complying and landscaping (screen- ing) requirements as set - structures at the Soutn Burongton Zoning Regu- forth under Section lations. Request is for 25.108 Residential buffer J strip, located at 1242 permission to construct a Shelburne Road. 20'x42' pump island can- opy to within nine (9) feet of the required front #7 Appeal of Willard and " yard, located at Dattilio's SOUTH BURLINGTON Lynn N I h n seek. a' Nacnaiia from Sec. sunocio, 794 Shelburne ZONING NOTICE ;?,na26".80r0'anAce1teratIons to Rood. In accordance with the n compl ing structures Secti Y102 Bounda- #4 Appeal of City of Bur- South Burlington Zoning s of Conservation/0- 'in Joseph Regulations and Chapter n Space District of the 'Al.lorney 'r F 'r; gent, from a 117, title 24, V.S.A. the Outh Burlington Zoning dadelon of the Assistant South Burlington Zonin 21 agulatiods. Request is AdmiNwative Officer in- Board Of Adjustment fbr permission to con- vomng ft use of the hold a public hearing at struct a 12.6xl4.0' addi- prop" located at 1150 the South Burlington Son to a single family Airport Drive. Municipal Offices, Con- dwelling located within ference Room, 575 Dor- th b k require- #5 Appeal of HCA Air- Set Street, South Burling- :,6nt,3eft!.,ncL.k Cham- craft Services, Eric' ton, Vermont on Monde May 11, in located at 7 Austin Knudson, agent seeking 1998 at 7% a variance from Section' P-M, to consider the 16.10 Permitted usesi following: 01 Appeal of Michiaki and Section 26.00 Non: Sdm seeking a variance conforming uses, sub-.-' #1 Appeal of Champlain W Section 25.00 Di - section 26.004 change off Water District, Richard ff"lonal requirements use - Section 26-65 Mul-' Pratt seeking a varlancel of the South Burlington tiple uses of the South) from Section 25.00 Di- Uning Regulations. Re - Burlington Zoning Regu-' mensional requirements quest is for permission lations. Request is for' Of the South Burlington to construct a 10'xl6' permission to occupy anI Regulations. Request is dock to within twenty - existing 28,3DO squaret for permission to con- two (22) feet of the re - front located foot structure with gen-; struct a 7'xl5' trans- eral office use (15,000, former to within thirty- square feet) - warehous-i eight (38) feet and a 28 quired yard af,67 Brewer Parkway, ing and airport mainte-� foot screening wall to uses (13,000iwithin thirty-three (33)1 Rfighard Ward Zgning Acl�)inistrative nance square feet), located at I feet of ft required front r Or-251 the former " Air North I yard. located at the Peter A I 1998 Hanger", 1150 Airportt L. Jacob Water Treat - If Drive. ment Facility, 403 Qui City Park Road. #2 Appeal of Rexbo Development, Inc., Heidi SUShWay, agent seeking a variance from Section 25.00 Dimensional re- quirements sub -section 25.101 ssetbacks & Sec- tion 26-00 Non complyin structures of the Sou Burlington Zoning Regu- lations. Request is for ion to construct a 3eV74t3PtMnP island can- OPY to wtWn seven (7) feet of the required front Yard, located at Cham. plain Valley Sunoco, 1143 Williston Road City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 2 7, 1998 Joseph L. Farnham, Esquire McNeil, Leddy &Sheahan 2 71 South Union Street Burlington, Vermont 05401 Re: 1150 Airport Drive Dear Mr. Earnham: ZONING ADMINISTRATOR 658-7958 Be advised that theSouth Burlington Zoning Board ofAdjustment will hold apublic hearing at the City Offices, Conference Room, 575 Dorset Street on Alonday, May 11, 1998 at 7:00 P.M to consider your appealfrom a decision and notice of violation by the A ssistant Administrative Offi c e r. Ifyou have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer R Win cp I E'ncl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 28, 1998 Eric Knudsen, Esquire P.O. Box 721 Burlington, Vermont 05402-0721 Re: Application For Zoning Variance - 1150 Airport Drive Dear Mr. Knudsen: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board ofAdjustment will hold a public hearing at the City Offices, Conference Room, 5 75 Dorset Street on Monday, May 11, 1998 at 7: 00 P.M to consider the requestfor a variance. Please plan to attend this meeting and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, xl�� 15C 0'-� ec—' Richard Ward, Zoning A&ninistrative Officer R WIM cp I Encl LAW OFFICES M It, INT 1E It A, E F, 113 1f), Y & ',SIR 1E, A Aff A 17�� A PRC)FESSIONAL CC)RPORATION JOSEP11C McNEIL(I'llo-1,176) JOSFPH E McNFIL JOHN I IEDDY NANCY GOSS SHEAHAN WILLIAM F ELLIS SUSAN GILFILLAN JOSEPH A FARNHAM JANU] C MUPNANE KEVtN I COYLE' ( V11 I Al Ail 111 1) INN Y) HAND DELIVERED Clerk of the Board of Adjustment City of South Burlington, Vermont Re: Zoning Violation / 115 0 Aifl2ort Drive Dear Sir/Madam: April 17,1998 ' - il SOUIH (INION �)IRLM BUPLINGTON, VFPMoNT 0,401 IELUPHONh (S02) 803-45�; I I FULCoPIER (802) 863-1743 SUSAN H COMKON OF COUNSEL Enclosed is the City of Burlington's Application to the South Burlington Board of Adjustment, for an appeal from the April 3, 1998 notice of violation we received from Mr. Belair. Also enclosed please find a check in the amount of $50.00 for the filing fee. Thank you. Very trul ours, J o /ep . 1 A. kFa.m' JAF/d1 Enclosures c: Joseph McLean, Esq. Richard Whittlesey, Esq. John J. Hamilton 10\1003\00001-3 RECEIVED APR 1 7 1�n- City Of SO. Burlingtol MIDDLEBURY PETER F LANGROCK ELLEN MERCER FALLON WILLIAM B MILLER, JR JAMES W SVAFT EMILY J JOSELSON JOHN F EVERS SUSAN M MURRAY JOHN L KELLNER MITCHELL L PEARL KEVIN E BROWN FRANK H LANGROCK BETH ROBINSON F RENDOL BARLOW DEVIN McLAUGHLIN AFFILIATED COUNSEL ROLAND GRAY, III April 17, 1998 LANGROCK SPEICKY & WOOL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION MIDDLEBURY: BURLINGTON: 15 S Pleasant St P 0 Drawer 351 Middlebury, Vermont 05753-0351 802-388-6356 Fax 802-388-6149 VIA HAND DELIVERY Board of Adjustment, Clerk City of South Burlington 575 Dorset Street South Burlington, VT 05403 275 College Street P 0 Box 721 Burlington, Vermont 05402-0721 802-864-0217 Fax 802-864-0137 BURLINGTON MICHAEL W WOOL MARK L SPERRY CHRISTOPHER L DAVIS LIAM L MURPHY THOMAS Z CARLSON ALISON J BELL LISA B SHELKIROT ERIC M KNUDSEN REPLY TO: BURLINGTON OFFICE Re: HCA Aircraft Services, LLC; Notice of Appeal/Variance Application for 1150 Airport Drive, South Burlington, Vermont Dear Sir/Madam: Please find enclosed the following: 1) HCA Aircraft Services, LLC's Notice of Appeal to the Board of Adjustment with respect to the above- referenced property; and 2) HCA Aircraft Services, LLC's Variance Application to the Board of Adjustment with respect to the above -referenced property. I have also enclosed this firm's check in the amount of $100.00 to cover the filing fees with respect to each of the applications. Please contact me if you have any questions with regard to the above. Very truly yours, f C_ 4�L Eric M. Knudsen EMK:srt Encs. 670391 c: Mr. Andrew Button Joseph Farnham, Esq., Richard Whittlesey, Esq. RECEIVED APR 1 7 1�0*3 ) MY Of So. Burlingto City Of South Burlington Application to Board of Adjustment 04/17/98 Request For Variance Applicant: HCA Aircraft Services, LLC (Lessee) REASON FOR APPEAL: Applicant seeks a variance to permit general office use of approximately 15,000 square feet of existing office space within North Hangar and non -airport related use of approximately 4,000 square feet of maintenance area. Applicant has utilized its best efforts to lease said premises for airport -related uses, but due to the unique physical circumstances and conditions of the premises, Applicant has suffered an unnecessary hardship, and there is no possibility that the premises can be developed in strict conformity with the provisions of the zoning regulation. Further, the unnecessary hardship has not been created by Applicant, and the granting of the requested variance will not alter the essential character of the neighborhood in which the property is located, substantially or permanently impair the approximate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare, and the variance requested represents the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation. 669931 City Of South Burlington Application to Board of Adjustment 04/17/98 Appeal Applicant: HCA Aircraft Services, LLC (Lessee) REASON FOR APPEAL: Appellant appeals from the April 3, 1998 Notice of Zoning Violation and the April 15, 1998 Notice of Violation issued to the City of Burlington and HCA Aircraft Services, LLC with respect to the above -referenced property. As the basis for appeal, Appellant asserts that the present use of the premises is not in violation of the uses permitted within the applicable zoning district. Second, and in the alternative, Appellant asserts that the present use of the property is a pre-existing non -conforming use, which use is not a violation of the present zoning regulations applicable to the premises. 669931 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 15, 1998 Neagley & Chase Construction Company 1150 Airport Drive South Burlington, Vermont 05403 Re: Zoning Violation, 1150 Airport Drive Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit from the City as required by Section 27. 10 of the its Zoning Bylaws and 24 VSA §4443(a)(1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the building at 1150 Airport Drive from airport related uses to general office use for Neagly & Chase Construction Company without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of any and all portions of this building for general office use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to fifty ($50.00) dollars per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Adjustment by filing a written notice of appeal (see enclosed) and fifty ($50) dollars within fifteen (15) days of the date of this letter with the Clerk of the Board of Adjustment at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Neagley & Chase Construction Company Zoning Violation April 15, 1998 Page 2 If you have any questions regarding this letter, please call me at the telephone number setforth above. Sincere R vm ymond J. Belair, Zoning and Planning Assistant RJB/mcp cc: Joseph McLean, Esquire Bob McEwing Certified Mail # P 176 178 938 SENDER: - Complete it.. I andl., 2 for additional services. I also Wsh to receive the wComplete Herns 3, 4a, and 4b. foiloyAng services (for an s Print your name and address on the reverse of this form so that we can return this extra fee): card to you. 0 Attach this form to the front of the maillplem, or on the back if space doee not 1. 0 Addressee's Address 0 permit. a WrIte'Return Receipt Requested'on the mailpiece below the article number. 2. 0 Restricted Delivery W -A aThe Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Mumber i cc & E Neagley & Chase DI :76 1 2R 938 E 2 ri 4b. Service Type a Construction Company 0 Registered W Certified IX 1150 Airport Drive • Express Mail 0 insured co r- South Burlington, VT 05403 • Return Receipt for Merchandise 0 COD 7. DaX WfD livery f 0 0 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature: (Addressee or Agent) 0 PS Form 3811. Decer�ber 1994 102595-97-13-0179 Domestic Retum Receipt Co rn Ir co > 12 0 r-q 0- :3M zC -A %4N III K Q 4* S 15 Kz LL t 'a 0 o [F� CL 966 L l!JdV 'Ongt Uu0zl Sd City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 3, 1998 Burlington Community Development Corporation/ City of Burlington c/o Joseph A. Farnham, Esquire McNeil, Leddy & Sheahan 271 South Union Street Burlington, Vermont 05401 Re: Zoning Violation, 1150 Airport Drive Dear Mr. Farnham: ZONING AOMINISTRATOR 658-7958 Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit from the City as required by Section 27. 10 of the its Zoning Bylaws and 24 VSA §4443(a)(1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the building at 1150 Airport Drive from airport related uses to general office use for Neagly & Chase Construction Company without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following - Cease the use of any and all portions of this building for general office use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to fifty ($50.00) dollars per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Adjustment by filing a written notice of appeal (see enclosed) and fifty ($50) dollars within fifteen (15) days of the date of this letter with the Clerk of the Board of Adjustment at the following address- 575 Dorset Street, South Burlington, Vermont 05403. Joseph A. Farnham, Esquire Zoning Violation April 3, 1998 Page 2 If you have any questions regarding this letter, please call me at the telephone number setforth above. Sincmly, Zymond J.Belair, Zoning and Planning Assistant RJB/mcp cc: Joseph McLean, Esquire Bob McEwing Certified Mail # 176 178 934 Complete items 1 an&or 2 for additional services. Complete items 3, 4a, and 4b. Print your name and address on the reverse of this form so that we card to you. Attach this form to the front of the mallplece, or on the back IF space permit. Write 'Return Receipt Requested' on the mailpisco below the article n The Return ReWpt will show to whom the article was delivered and delivered. -0 A�HJ- AAA --A Burlington Community Development Corp/City of Burlington, c/o Joseph A. Farnham, Esquire McNeil, Leddy & Sheahan 271 South Union Street Burlington, VT 05401 5. Received By: (Pdnt Name) I also wish to receive the following services (for an can return this extra fee): does not number. 1. 0 Addressee's Address 11 2. Restricted Delivery the date Consult postmaster for fee. 4a. Article Number P 176 178 934 E 4b. Service Type 0 Registered EX Certified W 0 Express Mail 0 Insured im K Retum Receipt for Merchandse 0 COD 7. Date of Delivery 8. Addressee's Address (Only If requested and fee is paid) PS Form 3811, December 1994 102595-97-B-0179 M IL (D > V 6 17�- 0- CO) :) X zo rn e, Cn E a Z u- E =1 Sd City of South BurUmgton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7/955 April 15, 1998 Manager, KCA Aircraft Services, LLC c/o Valet Air Services, Inc. P.O. Box 2366 South Burlington, Vermont 05403 Re- Zoning Violation, 1150 Airport Drive Dear Sir/Madame: ZONING ADMINISTRATCR 658-7958 Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a permit ftom the City as required by Section 27. 10 of the its Zoning Bylaws and 24 VSA §4443(a)(1). Specifically, you have initiated the following activities on the above -described property: Changed the use of a portion of the building at 1150 Airport Drive from airport related uses to general office use for Neagly & Chase Construction Company without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the use of any and all portions of this building for general office use. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to fifty ($50.00) dollars per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Ad ' justment by filing a written notice of appeal (see enclosed) and fifty ($50) dollars within fifteen (15) days of the date of this letter with the Clerk of the Board of Adjustment at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Manager, HCA Aircraft Services, LLC Zoning Violation April 15, 1998 Page 2 If you have any questions regarding this letter, please ca1l me at the telephone number setforth above. rSinc 'ely, aymond J. Belair, Zoning and Planning Assistant RJB/mcp cc: Joseph McLean, Esquire Bob McEwing Certified Mail # P 176 178 939 SENDER: - Complete ft.. 1 anWor 2 for additional seniftes. 1 also YAsh to receive the 0 Complete fteme 3, 4a, and 4b. follovAng services (for an m Print your name and address on ft rover" of this form so that we con return this extra fee): card to you o' n Attach No iorm to the front of the mallplece, or on the back If space does not , 1. 11 Addressee's Address 9 permit. oWdle'Return Receipt RoqLWW'on the mallploce Wow ft article number. 2. 11 Restricted Delivery . The Return Receipt will Www to whom the article was delivered wW the date TL C delivered. Consult postmaster for fee. ArIcle Addressed to: 4a. Article Nufter I i3. Manager, HCA Aircraft P176 178 939 E. CL EServices, LLC 4b. 6-e- 2 Sc/o Valet Air Services, Inc. EX Certified P.O. Box 2366 r U Insured South Burlington, VT 05403 m f Wes 0 COD ate elive* .2 dl 5;,�Iv B At, 8��ess (Only ff requested ri , AM 6 Signature: (Addressee or Agent) . 0 X PS Form 3811, December 1 W4 102595-97-13-0179 Domestic Retum Receipt tr M Lr cc r- rq rq '5111 Lb .(lob '4. V T LO CL 44 D E Fq a 14 .20 0 C 'a' (j) 10L CL we I D M . 00 0V I I I I JAI z 0 %-D 966L I!JdV'008C UUO-A Sd Z�!7 all, 7, il'� 4�41jtteot X, MIDDLEBURY PETER F LANGROCK ELLEN MERCER FALLON WILLIAM B MILLER. JR JAMES W SWIFT EMILY J JOSELSON JOHN F EVERS SUSAN M MURRAY JOHN L KELLNER MITCHELL L PEARL KEVIN E BROWN FRANK H LANGROCK BETH ROBINSON F RENDOL BARLOW DEVIN McLAUGHLIN AFFILIATED COUNSEL ROLAND GRAY, III April 20, 1998 LANGROCK SPERRY & WOOL ATTORNEYS AT LAW A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION MIDDLEBURY: 15 S Pleasant St P 0 Drawer 351 Middlebury, Vermont 05753-0351 802-388-6356 Fax 802-388-6149 Mr. Richard R. Ward City of South Burlington 575 Dorset Street South Burlington, VT 05403 BURLINGTON: 275 College Street P 0 Box 721 Burlington, Vermont 05402-0721 802-864-0217 Fax 802-864-0137 Re: HCA Aircraft Service, LLC Appeal and Variance Application Dear Dick: BURLINGTON MICHAEL W WOOL MARK L SPERRY CHRISTOPHER L DAVIS LIAM L MURPHY THOMAS Z CARLSON ALISON J BELL LISA B SHELKROT ERIC M KNUDSEN REPLY TO: BURLINGTON OFFICE With regard to the above referenced appeal and variance application, please find enclosed eight (8) copies of a site plan indicating the building at 1150 Airport Drive and the lease line for the property being leased by HCA Aircraft Services, LLC. Please contact me if you have any questions. Very truly yours, Eric M. Knudsen EMK:srt Encs. 672281 C: Mr. Andrew Button (w/o enc.) Joseph Farnham, Esq (w/enc.) Richard Whittlesey, Esq. (w/enc.)