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HomeMy WebLinkAboutVA197200022 Application 1973-01-04 Applicc , ion for Va ri , nce or Special Exception TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA :IANCE NO. The undersigned applicant is(are) the owner of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION. GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION. DIMENSIONS OF SITE MUST BE GIVEN. I/We Securities Corp.of %Ms'-hilly request the Zoning Administrator of Albemarle County, Virginia to grant the Variance or Special Exception stated below in the Rivanna Magisterial District and described as County Tax Map 79 Parcel 24B/20Acontaining 26. 0 acres and zoned R-3 . Applicant Signature /f Date .)j\IG, 2 /973 The petitioner request at the Zoning Administrator grant: A variance of 8 fee ► from the required 20 foot minimum width for interior lots for townhouses , thus making the minimum width 12 feet The applicant . e this request because: The use of mo•-u1.ar plant built units limited to 12 ' 0" highway widt is rxrfacinaea by the requirement of a 90 ' minimum widt for interior lots presently in the zoning ordi ance. The units are designed to be sold as condimin um and low cost units. Action Taken my the Zon�mg A istrator: Approved Denied / Signed - - ------ - TO: THE ALB*IARLE COUNTY BOARD OF ZONING PEAL —— — — — — — ——— —- Date I/We hereby appeal the ruling of the Zoning Administrator f Albemarle County on the foregoing application, and respectful) request a re ersal of his de 'sion by granting the request for variance o specia p n as stated above. Applicant Signatu e7// �^ (M. Joseph Conte) Address Post Office x 563 , Charlottesville, Va. 22902 Phone Number 977-12 or 296-4145 ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED VA-72-22 Securities Corporation of Va. before the Board of Zoning Appeals . . . January 30, 1973 GOLDSMITH: Mr. Chairman, VA-72-22 , Securities Corporation of Virginia. Applicant requests the Board of Zoning Appeals to grant a variance of 8 feet from the minimum required 20 foot width for interior lots of townhouses . Property which is zoned R-3 Residential contains 26 . 0 acres located on Route 250 East abutting Shadwell Estates and is described as County Tax Map 79 , Parcel 24B and 20A. Rivanna Magisterial District . Mr. Chairman, this property is located in the southern quadrant area of 64 and 250 at Shadwell. This being Shadwell Estates . There is a County school in this area, Royal Acres , and the Keswick area being up in tits general vicinity. This property is zoned R-3, Gentlemen. AMATO: This zone would permit them to build apartment houses? GOLDSMITH: That is correct . The applicant makes this request because of modular plant built units limited to 12 feet. Highway width is preluded by the requirement of a 20 foot minimum width interior lot presently in the zoning ordinance. The units are designed to be sold as condominium and lost cost units . ROUDABUSH: Chairman of the Board, at this time, I would like to disqualify myself . AMATO : Of course. At this time, let the records show that Mr. Roudabush has asked to be disqualified or disqualified himself , from paticipating in this discussion. Mr . Goldsmith , under that R-3, they could build what . . . a maximum of 32 units per acre. GOLDSMITH: Yes , sir. This particular section would fall under the town- house section of the ordinance , which limits the density to 30% of the total land area being developed , which would mean with a lesser width, more townhouses could be developed in that 30% land area, depending on the size , the number could go up or down. It would flucuate. AMATO: Thank you, sir . BROWNE (Henry) : I think, as the designing architect of the modular, I would like to point out that the setting of the 20 foot width on a townhouse was probably due to normal construction practices at that time. The openess that we are trying to achieve on this piece of property by grouping them in this manner and because of the manufactured necessity of a stocked unit , which comes off the assembly line, and it works together in a group of four, and being only 12 foot wide, precludes a 20 foot yard, obviously. You have only 24 feet inside the building. The important thing here, I believe, that instead of using R-3 density, we are trying to work within the confines of the area, and there is a preliminary master plan of the development on the left indicating property lines as,,it breaks down to the lake. That does not indicate the full size of the lake . So the reason for the variance, is that a 12 foot unit is the maximum width that can be trarported to the site . (2) BROWNE: Now, these units are already being erected in other parts of Albemarle County , as a duplex unit , that is two as this . But in order to have the doors , which happen to be located on the sides of the unit operate effectively, we must slide the outside unit forward , in order to keep the same manufacturing configuration door on the side. Now, the unit , therefore, requires a variance of 8 feet , since it is in itself physically limited by the Highway Department . If we could carry a 20 foot width on the highway, we would be within the ordinance. I have slides of the unit to show how they are erected, if you would be interested in seeing them. I brought them along, just in case. AMATO: You say, they are manufactured then, above 12 foot widths . BROWNE : Yes , sir. AMATO: And in order to have your doorway, to each unit , you have got to slide them that way, which would destroy your 20 foot sidelines . . . 20 foot requirements . BROWNE: Right , the inter-courtyard is only 12 feet wide here and 12 feet wide there. AMATO: How many units does that figure then if you were say building apartment houses , you could get 34 units per acre. What are you getting in this? BROWNE : We are getting 88 units on this 26 acres , whereas if we were buildng apartments AMATO: 88 on 26 acres? BROWNE: Right , 88 of these units . If you are figuring apartments at 32 x 26 , you would have 832 units . Now, we are not asking that . AMATO: Now, do those modular units come in any other size, other than 12 foot , being manufactured? BROWNE: They are limited by highway standards to 12 feet , which means you just could not transport them economically. The beauty of this unit , is that this is exactly the way that they are set on the site. The first box is set , the second box is set , this third box is set , the roof is set , you have a minimum of hook-up and your building is functional . So that the appeal of this unit goes beyond the scope of ordinary housing . I have a letter here from the U. S . Department of Agriculture, a copy of which I would be glad to let you have for file , which states that they are very interested because it satisfies a housing need which has developed in Albemarle County and thus far , no one is meeting. We have worked with the sanitation department. We have gotten approval for septic systems , got the whole property percolated , and I think the use of the property as you can see the main residences , the tennis court , and swimming pool remain and the openess which is affected by this, I believe to be in the best interest of the land use . It is already zoned R-3 but we are actually using almost an R-2 density. (3) AMATO: You would still, even if we grant the variance, would still have to go back to the Planting Commission for approval of a site plan. BROWNE: Yes sir, we certainly would. AMATO: Any questions by the members of the board? UNKNOWN BOARD MEMBER: Are these building made out of wood? BROWNE: Yes sir, these are made out of wood . AMATO: They come to the job already assembled? BROWNE: The heating unit , the air conditiJoniueRnit , the carpet , everything is set up . Even the staircase works so that/the first prototype was built , we had a half inch error in the staircase, and we found out that that was accumulated by the soil being automated and taking 1/8" out of each cut that went down and it multiflied four times and threw the box off a 1/2" . and we corrected that. There are two more of these units , one is being set tomorrow on another piece of property and another one will beset on Monday and I have slides of the first prototype that has been developed. AMATO: Anyone in the audience that would like to be heard on this? If so , give your name. DeBUTTS : I am Richard Debutts and I live just down the road from the property in question. My property being here. I live at Clifton, an older home , being located here, and I moved out there just about two years ago, basically to get away from the city, the building boom we are having here , the noise, the traffic , only to find that this development is proposed. The property , I know, has been previously zoned R-3, for what reason I do not know, but I think it was a mistake then and I would hate to see a mistake compounded by something of this nature. The reason being , this is the second most traveled route to Monticello. Monticello being across the river right up here. You can see Monticello from my home and all along this area. There is a school located here , which I am sure is operating at capacity. The place has very poor access to 729 and 250. I don' t know whether thesecpeople are planning on a deceleration lane or not but I would think the highway commission would require . . . .A.lso the Rivanna flows right down here. There is a big lake here and a creek running right through their property which feed the Rivanna. , and the Rivanna, being one of our least polluted rivers in the state , I hate to see this . They say that the percolation tests panned out. . . . AMATO: We have no control over that, because that would be the health department , as to whether or not they approved that . DeBUTTS : Okay, but I , . . . the fact that they are coming in here, with a townhouse development, 80 units or whatever, a 12 foot unit . . . I have built townhouses and we built in the 20 foot area. Anything less than that is just a glorified trailer. . . It sounds like to me that that is the type of operation we are going to have here . . . . is a trailer park. (Loud applause from the audience) I can appreciate their position as developers and they bought the property to make money, I like to make a dollar too, but I don' t think they ought to make their money with total disregard to the (4) better welfare of the surrounding community. I think it is a terfific mistake . I would almost say that the developers themselves , that something of this nature, wooden type structure, ought to be made to live in something like this for four or five years . I know, Mr. Maclin, if he is a party of this has built some real nice type things . But this-four miles out into the country. UNKNOWN:More than four miles five miles . DeBUTTS : and it ' s a shame, just a shame, that something like this could go in a very historical area. Mr. Graham' s home is right here, Edgehill , one of the original land grants in the county, my home is an older home, Monticello as I say It ' s a bad situation. AMATO: I don' t understand how that property. . . .we have no control over the zoning of it , but it is now zoned R-3 so that somebody could come there and build a maximum of 34 units per acre on that property . Would the residents be hurt more by 34 apartment units per acre than they would by these modular units? DeBUTTS : I can' t say . I don' t know AMATO: How would you feel? Would you feel that your interest , your property, would be jepardized by 34 units per acre. DEBUTTS : With the type of AMATO: No, I mean regular apartments . DeBUTTS : I would say so , yes sir. Anything other than the single family residence there, which I can' t control . AMATO : Well , we couldn' t control that. If someone came along and wanted to put 34 units there. . . . DeBUTTS : I would personally object and fight anything that went in there. AMATO: Well, you see, we couldn' t. . . . DeBUTTS : What I am asking you now is on this particular variance . I am against it for the reason, if they are allowed to have the variance then we are going to have that type of structure there . Which, I think, is probably bad for the area. ANDERSON: (Robert L. ) Mr . Chairman, I think that Mr . DeButts probably expressed the thought and the views of most of us . I have a petition here signed by 41 residents in the area all opposed-all opposing this project . I would like to ask a question at this point , before I say any- thing further. . .You brought up the matter of the apartments to Mr . DeButts which one he would prefer . . . . wouldn' t both of them have to go to the Planning Commission for approval? AMATO: As to site plan development. But, I understand, the zoning law, and Joe might correct me on that, the Planning Commission, that the law does permit a maximum of 34 units per acre in an R-3. (5) ANDERSON: I guess , that we can only hope that the Planning Commission will be our salvation. We don' t know how this property got zonedR-3 . We feel that it was a mistake when it was done and I think you can come and look at the area, you will see it is a rural type area. AMATO: Sir, we can' t cont rol that . ANDERSON: I realize that . I just want to have my say. AMATO: There are alot of things that we can be responsible for, but that isn' t one of them. ANDERSON: We realize that townhouses can be built , but we are against any variance that would allow them to build more than what the law presently albws . We feel that the aoning is there for our protection. Perhaps it is not protecting us as much as we would like for it to , but we feel that any change in that would also establish a precedent . There is alot of undeveloped land in this area and most of it is zoned Agricultural . If there is a change in the zoning though and this variance, we feel that this could establish a precedent and perhaps we would have more of this kind of thing. And for these reasons , all of these people here, I think, are residents of this area and perhaps the rest of them have something to say about it, too . . . . but for the reasons I have given we are opposed to it . AMATO : We would be glad to receive that petition. . . ANDERSON: We would like to present this petition. MACLIN: (Henry) Mr . Chairman, I am Henry Maclin, one of the officers of Securities Corporation of Virginia, and I am glad to see that these Ladies and Gentlemen are here and are putting forth their feelings . I am one of the developers of this , but I am not the owner of the property . The owner of the property bought this property because it was zoned R-3, and they bought this property so that they could sell it to a developer and make some money on it . Now, I am in a unique position. We don' t have to go through with this . We can tell the owners that we are not going to develop this . You will have to find somebody else. So we would like for you to look at me , if you possibly can, as your friend, in this situation. They have already stated that they could put 832 units out there. All they need is a sewage system, and with 832 units, you can get a sewage system, because there is alot of money that is going to made off of 832 units . Now, we decided that for the good of the area and for the good of the needs of the City of Charlottesville. . . . since, no matter how much you don' t want it , we are going to have development . I am not Charlie Hurt , but we are going to have development and no matter how you try not to have it , we are going to have it . So your argument really belongs in front of the site plan, in how to have the development in the best possible way to protect your interest . . . . from a site plan. And we are offering what we think is a fine project , with only 88 units instead of 832. AMATO: Can you tell us how much these are going to sell for? MACLIN: Yes , I can tell you what we are trying to sell them for . . . and that comes into my other comment . . . . is that since this is zoned R-3. Let me finish this part here. . . . and since the owners of the land bought (6) MACLIN: it for speculation, they are going to sell it for profit , and I don' t think you can stop them. One of these owners is an attorney, and if he has to , he will take it all the way up before the courts and I don' t think you can stop him. The only thing I think you can do is to go within the present zoning and go with site plan control . That ' s the best that you are going to get . So to go with the developer that is trying to give you the best possible project . Now, if we came in and put the same project in a for sale apartment, then we would not need to be with you gentlemen today. If we rent these to people, now we must transport them in and rent them, and the people in Charlottesville are trying to get away from so much apartments . They want to own their homes . They are tired of landowner control . They are tired of the landowner getting the tax inflation or the inflationary growth out of the property. They are tired of the landowner getting the depreciation deduction and the interest deduction because they can' t buy it. He has to end up just renting , because he has got to live somewhere. . . and we are going to try to bring these in where we can sell them for 18, 000 to 22 , 000. We don' t know the final figure. That is what it cost to build a good apartment building of 100 sqaure feet . To build a home . . . . there is not a home available except a semi- trailer or a module, stuck out in the woods somewhere, underf24 , 000 to $25 , 000 and they don't have any of the controlled area. But we are trying to give some low cost housing , oily it is not lost cost . You will not have people in there, making 4, 000 to 5 , 000 dollars a year. They are still going to have to be earning 10, 000 to 12 , 000 dollars a year, in order to buy these units. But that ' s still low cost housing, when you get down under $28, 000. So if you all are interested , we would be happy, as a developer, to talk with you on the site plan, because it helps our project , if it helps your area. But your argument here , I think is out of place, because the only thing they can decide, is do we amend the townhouse ordinance? Now, if you refuse to amend the townhouse ordinance, then we have to go back to stick construction as Mr . DeButts is building and selling his for what, Mr. DeButts , $30, 000 and up? DeBUTTS : No , for about $22 , 000. MACLIN: About $22 , 000. Well, I haven' t seen them, but you shot me down there. But most of them in Charlottesville, the ones that we are trying to get under, are $28, 000 and up . So if you won' t grant us the variance, then we will have to put them in as apartments , which we can do either way . We thought the public would rather have a house that they could buy and deduct their interest and not have a landlord to worry with and not have the price going up all the time and that ' s the reason we are asking for this variance, so that we can sell them to them, rather than rent them. And that' s my point there, and unless anyone has any comments or questions . UNKNOWN: You said something about slides . . . . I don' t want to prolong the meeting BROWNE : I have some slides , heee. I have only got five of them. It won' t be a long travel log. UNKNOWN: You also mentioned something about some of these going up some- where else. Where are they going up? BROWNE : Yes sir, I would be glad to meet with you all and take you out there and show them to you. (7) BROWNE : I would even challenge Mr. DeButts on the fact that they are glorified trailers because I myself would live in one, Dick, and I don ' t know whether you would live in one of your $22 , 000 stick buildings . These are quite an innovative thing. I would not be involved in it , from the stand point of . . . . had we not poured a considerable amount of money into these . And if you all would like to, I just have 5 quick slides , that show them when they are going up and being erected , and I would be glad to take any of you out there and show them to you. UNKNOWN: Show what? BROWNE : The buildings . The way they will be looking at . . . . AMATO : Are there some already built now? Where? BROWNE : Yes sir. Out at the SPCA road. Over looking the reservoir . (laughs from audience) Now wait a minute. There is alot of money going into that development . It ' s on the side of the road over there that overlooks the reservoir and Blue Ridge Mountains and that ' s why I say the view is magnificent, and these are designed in that manner . Now you all laugh about the SPCA road, is that because of the junk that you say is along there, the lost cost colored housing? Is that why you all were laughing? Because of the small persons homes that live there? UNKNOWN: I would like to make one comment that would be of interest to them. Just before hand . In most developments we were unfortunate in having to come in and cut all the trees down and knock the top of the land off and just make a great big eye sore there and build it back up , and plant some trees and it takes twenty years before the trees get large enough. Under a modular house, we can come in and we can set it down right between two trees without having to clean off the land . So that this is one of the things that when this is completed , it will ahve the trees around it , the full grown trees that are there now. UNKNOWN: When I built mine, my trees are still standing, except where my house is . MACLIN: You built an individual house. Unfortunately, you can' t build apartments UNKNOWN: Cost too much? MACLIN: Probably. I don' t the answer to that. But I know that in all of them, they come in and clean them off . BROWNE : This shows them coming in on a truck. This is the upper unit . and it shows them singly. That' s the foundation, this is the two of them set together. You notice particularly on this one, the three , the closest of them, the unit itself you can look right straight through there and see the staircase which is open. This is the platform of the 24" again. I welsh you would notice the closeness of the trees . UNKNOWN: 24 ? Is this 24 feet . BROWNE: Yes , 24 feet wide. This shows how they are put in. Again, with (8) BROWNE : the heavy equipment and if you notice the excavation there need be very, very small away from the walls . This shows that entire unit being lifted up and the alignment of the staircase, and there is the unit itself as it is stacked. The roof was put on that very day. It was getting to the point where I couldn' t stay around any longer, but that roof was finished up that day. And there they are from the front as they over look the reservoir . There is a popular misconception in most people ' s minds about a modular, quote-un-quote , trailey ilt type house . These are made of cypress siding, they have cypress on them, they are tested and approved by &pert Testing Laboratory. As you know, we are going into a uniform state building code. They must be very, very. . . . able to meet the most stringent requirements . I don' t think I have a slide that shows them completely finished. I wish I did and this is the reason why I would like to invite you out there to see them. So that is the end now. This one is completed , the doors are painted . It ' s hooked up . The environment systems (that ' s a new word for electricity) and so you can see that this is a house in all aspects . It is not really a slum. UNKNOWN: It looks like a box to me . BROWNE : Well , unfortunately you didn' t see the roof . But there is the roof shape, and when you put them together, it doesn' t give that appearance . And I would like to have you come out and look at them. UNKNOWN: Should you be granted this variance, and should the Planning Commission approve the site plans . . . . when do you plan to build these--- start these? BROWNE: Well, there are several questions in which I am not able to answer at this standpoint . UNKNOWN: In the near future? BROWNE: Yes , it would be as soon as we could possibly get production out of the plant. The plant , of course, i' already committed to certain units being manufactured already. MRS. KIRKSEY: Is this unit, unless I have understood, is approximately 12 x 24. Is that right? BROWNE: No. MRS . KIRKSEY: In other words . How much space is the homeowner buying? One bedroom, two bedrooms? BROWNE : We have two bedroom, three bedroom, and one bedroom units . The actual ground covered by the grouping , the two boxes together, is 24 x 40 or 42 , depending upon whattype of units we have. It is a 24 x 42 building It is not 83 wide trailer . This is a difficult concept to grasp , which is the reason why I bought the models . I am not trying to propogate an entirely new thing , but this is the newest that we can come up with and stay within the ; parameters of efficient production and design. Your concern is well founded . (9) UNKNOWN: Sounds terribly small and cramped . BROWNE : Well , I think for people who are used to larger areas , this will be true. But , as I say the openess inside of the unit , which you should really come and see. . . . I think that would turn alot of you off maybe . . and I would be glad to set up a time that you all could come and look at it . The other one would be set tomorrow. I hope y' all don' t come tomorrow because there is a 60 ton crane but certainly over the weekend you might drive out and see it . UNKNOWN: Well, who was it that tested the land for perculation? BROWNE: EXPERT TESTING LABORATORIES . . . . UNKNOWN: No the testing for perculation and septic? Was it the County Health Department? BROWNE: Yes . UNKNOWN: And they approved it? . . . . and when I went to the Master Plan meetings they said our areacouldn' t possibly take septic tanks in density . BROWNE: What area is that? UNKNOWN: Well, where I live. The property isn' t even selling out there. because it doesn' t want to drain. BROWNE: Well, I can't speak for that . We have accepted the test results that were given to us by the engineers . UNKNOWN: Albemarle County? BROWNE : Oh yes . This was brought into long before I really became invoked in this . UNKNOWN: I wanid like to know if you have made any thoughts as a developer, naturally you are interested in the community, as to *where all of these people are going to send their children to school . We just have the one school out there on the road and this number of houses coming in there to go to Stone Robinson School is going to be impossible because we have increased it several times already. UNKNOWN: Is it filled to capacity? UNKNOWN: It is filled to capacity at the present time? MRS . KIRKSEY: Hey, how many are you talking about in a place this size? BROWNE: Well , assuming there would be 2 . 1 people per family or something like that per family. Multiply it out . That ' s 188 x 2 . 1 , would be what? 376 people, add one child for each household, which I don't think you would , because the density, because the mix is going to be different . (10) UNKNOWN: It depends on who you put in there too . UNKNOWN: How many units could you put on there , building townhouses without the variance? How many more are you realizing by going this way? BROWNE : We are not realizing any more actually. We are cutting down the density . What we are trying to do is create the open space. We could go in there right now, without any variance and build two , two , two , two , out into the night , and that would still ]eave. We wouldn' t have to be here. You see , we able to go ahead and put two units side by side around the entire. We are trying to get more open space, is what we are trying to do sir . UNKNOWN: You can put two , two , two if you supply your disposal system, your septic system, right? BROWNE : It ' s the same thing with these. These have all been tested . The area is left out . UNKNOWN: You have got to have a certain amount of land to put your sewage system on though. BROWNE: Well , we do on this, too . AMATO: Well , it ' s like Georgetown Greene. UNKNOWN: Right , I can' t see. . . . I would rather take my chances with apartments, than to grant a variance on something like this . UNKNOWN: Hank, I guessyou all took a survey and feel that there is a market for this type housing, we have two rather large developments of this nature AMATO: Gentlemen, I think that we are going right far off field, because this Board is not concerned with the market . I don't mean to cut you off . . . but this is not our problem. They may build these and not be able to sell them, but that isn t the problem of the board . The problem of the Board. . the thing that we have got to decide is whether or not on account of based on the ordinance whether or not we should permit these variances and not on the market ability of the product . I don't mean to be cutting you off , but that isn't our problem. MACLIN: I would like to make one more comment on that point , too . By getting the variance and being able to do this on a modular basis in a factory where we can save money in production, we can bring these house standards to several thousand dollars less than a stick built house, where you have to go out and build it at 20 foot width, which we can do without even coming in. . . . we just build this same unit by just putting 20 foot width. . . but we can't build them in the factory. This way we feel that we can give people who can' t afford those extra 4 or 5 thousand dollars , to get a stick built 20 foot house , as you see in these other developments around here , an opportunity to own their home. Consequently, if the highway (11) department is gonna say 12 foot is the widest width you can carry down the highway, then that' s what the modular builders have got to have to put in the areas . So that we feel that the townhouse;"when it was enacted , we didn' t think in terms of modulars . It hadn' t been proven. . . it hadn' t been perfected. Consequently, they established 20 feet for some reason. So, we think the time is right to grant the variance and experiment with it . MR. ANDERSON: My name is A. T. Anderson and I am a property owner there in Shadwell Estates . I do sympathize with the housing problems we do have in the County and in the City, but I cannot see at this time, and at our expense, meaning surrounding neighbors , a building of this nature . Now, let' s say that you have no control over what they put there , because it is zoned R-3. But , the variance that we petitioned against would supposedly stop something of this nature, I would hope, and I don' t like the layout personally and that the 8 foot variance would possibly control this type of building going up . . this is what I don' t know. Maybe the architect just mentioned that they could put two, two , . . . I don' t know this , but if at this time, this 8 foot variance would possibly mean something better , even if it were apartment houses going in there, then I would certainly be opposed to it at this time. And like I say, the housing problem in the City and the County, I sympathize with, but I would think that everyone that could possibly afford something in the 18 , 000 to 22 , 000 dollar bracket for a building of this nature would certainly that much ahead by putting a stick built house , as I said before for 24 or 25 , 000. AMATO: Is there anybody else before we close this public hearing. All right the public hearing is closed. Then the matter is up to the consideration by the Board. What ' s your pleasure, gentlemen? HEATH: I move that the variance be denied. BROWN: I second the motion. AMATO : It has been moved by Mr. Heath and seconded by Mr. Brown, that the application be denied . All in favor say "aye.' HEATH AND BROWN: "Aye" . AMATO: No ' s? I vote No . BAIN: I vote No. AMATO: The motion fails for want of a vote . Mr. Secretary, where are we now? GOLDSMITH: Y' all excuse me a moment while I BAIN: You have got to have three votes to grant a variance . . AMATO: In order for the variance it would be necessary that there were three votes cast for this . GOIDSMITH: That ' s correct under the rules . (12) AMATO: and while they. . . . that still leave the matter uninterpreted because you have a two to two vote . Motion to deny falls . . because you have a two to two vote and it requires three votes . ROUDABUSH: The Concurring vote of three members of the Board shall be necessary to reverse in that order.. . . AMATO: But we didn' t have a reversal . . . GOLDSMITH: You are technically are reversing a decision of the Zoning Administrator. AMATO: We are denying. You didn' t make any decision, GOLDSMITH: I did . I denied it . I have to deny it . According to Judge Berry' s rule in the last year, I have to deny each request , that comes before me . I have denied it . ROUDABUSH: It says in order to decide in favor of any applicant which becomes before the board . . . . BAIN: You have three votes . . . AMATO : The application to deny was the application to affirm your vote . GOLDSMITH: That' s correct . AMATO: And thatmotion falls for one of three votes . It was a motion to disallow All right , gentlmen, we will continue this matter until next and I will ask the opinion of the County Attorney. BAIN: No , you can still make the motion the other way, and vote on that . BROWN: Well, we have got to vote on it the way it ' s requested . GOLDSMITH: They have requested to overrule my decision. AMATO: If I were to right now make a motion to grant the variance, and it falls for a two to two vote, then it would amount to an affirming of the overruling. GOLDSMITH: That' s correct . You can make another motion because that motion failed . I would suggest that we consult the County Attorney, before we do anything. AMATO: I move that the matter be continued until, they have got some urgency about it , and I think they can be heard next Tuesday, the sixth of February. BAIN: You only want to co'tfirm it with the County Attorney? I second the motion. AMATO: All in favor say 'A.ye" . BAIN, AMATO, BROWN, HEATH: "Aye" (13) AMATO: Opposed. All right, would you have the County Attorney give us an opinion before Tuesday, the 6th. The decision will be made at 5 : 30 next Tuesday, on the 6th of February. MINUTES BOARD OF ZONING APPEALS February 6 , 1973 The meeting was called to order by Mr. Savory Amato , Chairman. All members were present (Bain, Heath, Amato , Roudabush, and Brown) . Mr Roudabush disqualified himself from last meeting and also disqualified himself from this meeting. Mr. Bain made a motion that Variance VA-72-22 be granted . It was seconded by Mr. Amato . Mr. Amato and Mr. Bain voted "Aye" . Mr Heath and Mr . Brown voted "No" . On the basis that they did not have three votes in favor of the variance, the application was denied . Mr. Bain moved to adjourn. 07, VP ffrA/4 Ut 0 January 50, 1973 Board of Zoning Appeals County of Albemarle We the undersigned residents of Albemarle County, all residing in the vicinity of Shadwell, wish to express our opposition to the request for a variance of eight feet from the required twenty feet minimum width of interior lots for townhouses on the parcel of land located near Shadwoll and known as Parcel 24b/20a on Map 79. t1/4/17 f f 1 f Y-je .6,44_ J,..,./2.,..,2_,... .1 f I ?' a 4..Ate.i.4... , , /6(;7'fin f ITV V k. + �r I ( '24/ , 41.1.4_, 0 j-774tit.. ..,._ r f 19 L . .X 7 J � _- i 'J , V ..t5,--3.-Q-, j jQ d w�i 1�f ,1 ,.-0.0-1/4.. , \13,..4-7,-p,..--, R. 0,..1,-,....,_-.. ct at4t} ado N.s2A__pi,"— ti ii C C) ( C) ., '-. LS- Cf 11 -11-1...‹.-----4- 4- ' . . 1. 4-'Q,-- --ram ( c----ti--7--.. r r 7/1 ll r VC "'r Cyt .5h e./-teeC%rec January 50, 1975 Board of Zoning Appeals County of Albemarle We the undersigned residents of Albemarle County, all residing in the vicinity of Shadwell, wish to express our opposition to the request for a variance of eight foot from the required twenty feet minimum width of interior lots for townhouses on the parcel of land located near Shadwell and known as Parcel 24b/20a on Map 79. ", L °"! ,. / . .4- / / flT�+�>// b 5LJr (. 41 t"Al-Gj/. I ( f, er *-1-- , 4 -.6-6tivvYt-it,A— u ,_,,/,-/-6,..7.,,t,,L,- .„,, . ,.. i ,, , 2jdAj 7 etP1764 it -1-„heAV‘9,-,616.- 4,1 ,, " c,"4. .77:did___ , , k/ e i ram/ C7N\ C'\,' 'LlY,5 NA _______, 1 \,...„...„_ CA,2; LQ-VIA \16(./4. -)<.__ 1 J' n...�' 01 /)1 a /c2 CX-e'- /Y "`""_�y A C 4 / 7 � ,vim /.J. 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