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HomeMy WebLinkAboutAO-10-02 - Decision - 0228 Aviation AvenueI CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HERITAGE FLIGHT & CITY OF BURLINGTON APPEAL #AO-10-02 Appeal #AO-10-02 of Heritage Flight and City of Burlington, Burlington International Airport appealing the decision of the Administrative Officer to deny Certificate of Occupancy #CO-10-62 for occupancy of a hangar, 228 Aviation Avenue. FINDINGS OF FACT 1. On November 22, 2010 Heritage Flight, hereinafter referred to as "Applicant", filed Certificate of Occupancy (C. O.) application #CO-10-62 on behalf of the property owner, City of Burlington/Burlington International Airport, hereinafter referred to as "Owner". (see exhibit A) 2. The C.O. application was for work completed on 10/1/10 at 228 Aviation Avenue under zoning permit #ZP-08-310 (see exhibit B) for the construction of an aircraft hanger. 3. The Administrative Officer inspected the property for compliance with the approved plans and observed that the Applicant and/or Owner had installed barbed wire on the fence surrounding the fuel tank area. The approved site plan depicts only an "8' high chain link fence" and does not propose barbed wire.(see exhibits C & D) 4. The Administrative Officer denied the C.O. request on 11/30/10 for noncompliance with the South Burlington Land Development Regulations. 5. The Applicant and the Owner filed a Notice of Appeal (#AO-10-02) on 12/10/10 appealing the Administrative Officer's decision to deny the C.O.(see exhibit E) 6. A public hearing notice that a hearing on the appeal would take place on January 18, 2011 was published in The Other Paper on 12/23/10. CONCLUSIONS OF LAW The DRB approved a site plan that depicts only an "8' high chain link fence" and does not propose barbed wire. The as -built fence, which includes three strands of barbed wire, does not comply with the approved site plan. Section 13.17(C) of the South Burlington Land Development Regulations lists prohibited fences and materials, including "barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically permitted". Since barbed wire is not specifically permitted anywhere in the regulations, it is therefore prohibited (see exhibit F). 2. 24 VSA 4448(a) states in part that the Administrative Officer "shall administer the bylaws literally and shall not have the power to permit any land development that is not in conformance with those bylaws". The Administrative Officer therefore had no authority to permit the barbed wire and had no choice but to deny the C.O. for the aircraft hanger which directly violated the South Burlington Land Development Regulations. 3. Section 17.03(C) of the South Burlington Land Development Regulations states "Within thirty (30) days after notification in the form of a complete application made to the Administrative Officer that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative Officer to have made a final inspection thereof and issue a certificate of occupancy if the project is found to conform with the provisions of this ordinance". The Administrative Officer found that the subject fence did not conform with either the approved site plan or Section 13.17(C) of the South Burlington Land Development Regulations. Therefore, the Administrative Officer correctly denied the C.O. DECISION Motion by GAS L61, 41 seconded by lMCI" to uphold the deci ion of the Adminilstrative Officer to deny application #CO-10-62 of Heritage Flight and the City of Burlington for a Certificate of Occupancy. Mark Behr — re /nay/abst 'n/not present Matthew Birmingha — a e nay/abstain/not present John Dinklage nay/abstain/not present Roger Farley — e ay/abstain/not present Gayle Quimby — e ay/abstain/not present Michael Sirotki a nay/abstain/not present Bill Stuono - e nay/abstain/not present Motion carried by a vote of I ' -v- OSigned thisday f G"/ ✓ ~ 2011, by 71 Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontludiciary.ora/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.