HomeMy WebLinkAboutVA197200020 Application 1972-12-26 Applicaon for Va ri ace or
Special Exception
11743
1)#'6
'RIANCE NO. VA-72-20 lux
Attorney for Riverdale Rest Home, Inc. , et al.
I/Ai Joseph W. Richmond/ respectfully requea e Zoning
Administrator of Albemarle County, Virginia to the
Variance or Special Exception stated below in the Samuel Miller
Magisterial District and described as County Tax Map 73
Parcel 28 containing 303.36 acre and zoned A-1 •
Applicant Signature � '7,Jq 01. pate December 27. 1972
The petitioner regi t s that the Zoning Administrator gamic
require a special use hermit prior to the City of
q, Q, Charlottesville operating a sanitary landfill at said
location
The applicant make sthis request because:
the Albemarle County Zoning Ordinance requires a
special use permit to operate a sanitary landfill
in an A-1 agricultural district
Action Taken by the Zoning Administrator:
Approved Denied X Si e (9Z0
------ - TO: THE ALBEMARLE COUNTY BOARD OF ZONING PEALS--- - - - - - --—
Attorney for Riverdale Rest Home, Inc. , at a�C
D dember 27, 1972
I/Mc Joseph W. Richmollgieby appeal the ruling of the Zoning
Administrator of Albemarle County on the foregoing application,
and respectfully request a reversal of his decision by granting
the request for a variance or special exception as stated above.
Applicant Signature 1 4
Address 240 Court Square, Charlottesville, Virginia
Phone Number 296-7159
ACTION BY THE BOARD OF ZONING APPEALS
DATE APPROVED DENIED
APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
Map Parcel Name Address
�.� / 2_ hRO/ y / • / -10-7-nk
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era-n .mhor Oh /✓cam rerr c . ` 4-- CiAi
rinaS
3 n Pct_ it h1 t Zv ti
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yn n ! v mar(i ec°s ue,
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* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number
APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
Map Parcel Name Address
2-74 '---PA...eAlDn 9 ,Cfnlirtlirtz -1-1/y 2,2 t;'.45--
a70- I V CI _14V LIf cw
2.7E whluds igz.
\\? 4.
* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number
APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
Map Parcel Name Address
73 2 ?f
2 ae 6, ory-) H cY? 50 c Ua
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17 l/V. (L . , h� �-- ca � 7 `Tit. .
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ye/4 /3e trf
/ -1Q/1-ep1 0 c171I)()i- `z,ts zyp
* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number V ,T1 7 2_ - 740
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COUNTY OFFICE BUILDING
CHARLOTTESVILLE, VIRGINIA 22901
MEMORANDUM
DATE: December 28, 1972
TO: 'All Members of the Board of Zoning Appeals
FROM: Joseph M. Goldsmith, Zoning Administrato l
SUBJECT: Ivy Landfill - Appeal to the Decision of the Zoning Administrator
Gentlemen of the Board of Zoning Appeals . The Riverdale Rest Home
Inc. and others have asked the Board of Zoning Appeals to reverse
the decision of the Zoning Administrator as he ruled on whether or
• not to require the City of Charlottesville, Virginia to obtain a
Special Permit to allow the City of Charlottesville, Virginia to
use the Ivy Landfill Site jointley with the County of Albemarle.
I , Joseph M. Goldsmith, Zoning Administrator for the County of
Albemarle, Virginia have ruled that the City of Charlottesville,
Virginia is not required to obtain a Special Permit for this purpose,
in line with the Zoning Ordinance of Albemarle County, Virginia.
This in accordance with Section 11-13-4.
I have attached copies of certain data which pertains to this case.
Please read through this and review the zoning ordinance . If you
have any questions on this matter please contact me as soon as
possible.
JMG
cc: Mr. Herbert Pickford
County Attorney
NOTE: This meeting will be held on Tuesday Evening, January 9, 1972 ,
at 5 : 30 P.M. in the Board of Supervisors Meeting Room on the
third floor of the County Office Building.
\IA- 7
RI('IIMoND ANI) FISI3BUR E
a'I"I' )R♦EN I.Al1
240 Cu('R Sul'ARE
1'HAR1.01"I'ESVI1.LK. VIRGINIA 22901
JOSEI'II W. RICHMOND 1'ELEPHON•-
.fl:N'1I:ti R. FISH HL'1tN F; February 9, 1973 29071.5H
YORHE., R RERACh AREA CODE 703
.I1)SEPI1 II RICH M. NO, JR
S.E. Amato
Route 1
Box 69A
Earlysville, Virginia 22936
E.H. Bain
Farmon Gap Road
Crozet, Virginia 22932
Harry J. Brown
P. O. Box 123 •
Keswick, Virginia 22947
W.P. Heath
Esmont, Virginia 22937
William S. Roudabush, Jr.
914 t`',.onticel to Road
Charlottesville , Virginia 22901
Herbert A. i LC . Ford, Esquire
"230 Court. Square
Charlottesville, Virginia 22'.:.)1
Re : ;i.verda Le Rest Home Inc. et al v Joseph M. Goldsmith
Gentlemen :
Enclosed herewith is the Memorandum in Support of
Appellants Appeal to the Board of Zoning Appeals which was
requested to be submitted in connection with the above.
1 will he out of town on January 12, 1973, and
therefore, will not be able to attend the meeting of the
Board of Zoning Appeals. However, Joseph W. Richmond, Jr.
will be present and will undertake to answer any questions
you may have.
Sincerely,
6
oseph W. Richmond
JWR, anig
Enclosure
lllrr" wmr''
vN11 OF ALeFMq
co RAF
Planning Department
JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH
COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR
December 27, 1972
Mr. Joseph W. Richmond, Jr. , Esquire
Richmond and Fishburne •
240 Court Square
Charlottesville, Virginia •
RE: IVY LANDFILL -
Application for Appeal
My dear Mr. Richmond:
I have this day received your firms application for appeal to the Board
of Zoning Appeals of Albemarle County. This appeal is in reference to
the property owners in the Ivy Area requesting that the Board review my
decision as Zoning Administrator. That decision being to allow the
City of Charlottesville to use the Ivy Landfill operated by Albemarle
County, without requiring the City to obtain a Special Use Permit.
This hearing will be heard on Tuesday Evening, January 9, 1972 at 5:30
P.M. in the Board of Supervisors Meeting Room on the third floor of the
County Office Building.
If you have any questions please contact this office at your convenience-
Sincerely,
_.; (0
?l1_- , 1 C 6/L.( (
Joseph M. Goldsmith
Zoning Administrator
JMG
cc: Mr. Herbert Pickford
County Attorney
"' N.ts OF A L9�M Nu.?GOB �R<
Planning Department
JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH
COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901
ZONING ADMINISTRATOR
December 26, 1972
Mr. Joseph W. Richmond, Jr. , Esquire
Richmond and Fishburne
240 Court Square
Charlottesville, Virginia
Re : IVY LANDFILL - Application for
Writ of Mandamus
My dear Mr. Richmond :
I have in my possession a notice signed by certain property
owners in the Ivy area, stating they intend to apply to the
Circuit Court of Albemarle County for a writ of mandamus .
Mentioned in this notice are Messrs . Charles R. Haugh, Gordon
L. Wheeler, Herbert A. Pickford, Thomas M. Batchelor, Jr. ,
and myself. This notice asks that those named County Officials
require the City of Charlottesville to obtain a Special Permit
for use of the landfill operated by the County of Albemarle
and located on Route 637 near Ivy.
Reference is made to Section 11-13-4 of the Albemarle County
Zoning Ordinance which pertains to Special Permit requirements ,
states : "Any use, building, or activity legally in existence
on the effective date of this ordinance, shall not require
a Special Use Permit, so long as such existing use, building
or activity is not expanded or enlarged beyond the boundaries
of the parcel or parcels of land on which it was located on
the effective date of this ordinance. This exception shall
not be applicable, however, to enlargement and/or expansion
of existing facilities of public utilities or public service
corporations . "
The Ivy Landfill is a non-conforming use. It is my opinion as
Zoning Administrator for the County of Albemarle that the
City of Charlottesville is not required to obtain a Special
Permit to use the Ivy Landfill operated by the County of
]
�• [2
TO: Mr. Joseph W. Richmond, Jr. , Esquire
DATE: December 26, 1972
REFERENCE : IVY LANDFILL - Application for Writ of Mandamus
Albemarle to dump its refuse, garbage, and other debris .
Please note that in reference to Section 11-13-4 , the City
of Charlottesville can use the Albemarle County landfill so
long as Albemarle County does not extend the landfill use
beyond the bounds of the parcels of property on which the
landfill is operated.
Please note that this zoning clearance is not a permit for
the City to use this landfill. An agreement between the
Board of Supervisors of Albemarle County, the County Executive,
the City of Charlottesville, the landfill operator and the
property owner must be signed. My decision may be appealed
to the Board of Zoning Appeals within 30 days from the date
of this letter. Application for this appeal may be filled
out in my office, Room 400, County Office Building. If you
have any questions regarding this , please contact me at
your earliest convenience.
I remain sin er: you s ,
Of
J. ; ph o d �h.� I��
Zl ng Adminis or
JMG:bfj
cc : Charles R. Haugh
Gordon L. Wheeler
Thomas M. Batchelor, Jr.
Herbert A. Pickford
John L. Humphrey
%440,
STATE DEPARTMENT OF HEALTH
Richmond, Virginia
17-1)
11."011\14
Inter-Office Correspondence ' 1 ri
Date: August 5, 1968 ' 14
To: C2FIC= ::EMCZ;ZtUM
From: Zr. R. E. Eorer
Subject: Inspection of Albemarle County Refuse Disposal Site
On August 1, 19L3, an ins-Dection was 'lade of the refuse disposal
site in AL:Jearie County wita la.. William Towne, County Engineer.
The site has been in operatien for approxicately four months. The
land is hilly. A road has been constructed from the State road to
the area where refuse is being placed. he road is suitable for
all-weather travel but, no cut, it will have to be extended as
the fill 2rogreed. A gate has been installed and is locked when
the fill is riot in operation; hover, it was learned that some
users have keys so that they can dispose of their refuse in off
hours.
The site is being operated by a private contractor who has two
tractors equipped with frontend loaders. The method being used
consists of ecavating a trench with the tractors; refuse is
dumped into the trench, cc:,-;7NacteS, and covcrcd each day. With
shallow Litches, tAcre shouicl 1:cc,n a c:tar?lus of cover laterial;
however, this was not co. -.Lt as learned that eaca daYs
accu-
laticn is heinc: covered wit11. ....c!et 02 ctrtil. it is recol.:7eLLed
. that each Lay's acctiulation Le c. .vceu JIt1I 51 JCCS ui earth,
which will ir-. 11t in 1:;;;DC.i.0 pi .e o efirth. iis will , L1;:c it possiLle
- to le_y ze:veral Lore on Leo of 4,-.1;Q a-17(..a wIlcre the
trenches sre ucihg tccur2lus ccri or eovr. Alzlo, it
- was lcaznei thst alco 012 Y-..sa.1 earth
13 Lein:j It is f:ugcocc,..1tCtii3
cut Lac,: to t.:,.;%3 Let ii ill to cchccr...-c
In fill ic c-:erstfHi. I i It ths% ly
can o ucck- iar
of tie.
ITD:jr
SPECIFICATIONS FOR THE OPERATION
OF ALBEMARLE COUNTY SANITARY LANDFILL
1 . The Sanitary Landfill will be operated strictly as
a Sanitary Landfill with no open or uncontrolled dump-
ing allowed . No fires , smoke , objectionable odors , and
breeding of rodents or insect pest will not be permitted . '
2 . The trench method as shown in Figure 1 , attached
sheet , will be used as much as practicable . The modified
slope method , shown in Figure 2 of attached , may be used
in conjunction with the trench method under certain
conditions with written permission of the County Engineer.
The trench method consists of dumping refuse in a
trench , spreading and compacting the deposited material
by mechanical means and covering with earth which may
be excavated from the next parallel trench . The width
of the trench should be sufficient to readily accomodate
the type of mechanical equipment used for spreading and
compacting . A trench width at least 50 percent wider
than the width of the equipment used for spreading and
compacting is desirable . Earth from the trench being
filled may be used to make the ramp for trucks to dump
into the trench . Each load of refuse after dumping
should be spread in the trench and thoroughly compacted
to a depth of about �a-2-inches . All exposed refuse should
be covered with approximately 6-inches of well -compacted
earth at the end of each day ' s operation . When the
trench is filled with thoroughly compacted refuse , it
should be covered with a' 24-inch layer of well -compacted
selected earth . Trenches should be far enough apart
so that in making the next trench excavation the filled
trenches will not be disturbed .
3 . The specific location of the trenches will be deter-
mined after consultation with the County Engineer in
order to maintain proper drainage and prevent seepage
to adjoining land . Basically the lower slopes on the
northeasterly edge of the property will be utilized
first . However, consideration must be given to accessi -
bility in all weather conditions .
Page 1
4 . A separate area or trench should be provided for the
disposal of bulky objects such as tree stumps , and large
limbs .
5 . The contractor shall provide , maintain , and operate
all equipment to fulfill the requirements of this con-
tract . Standby equipment will be provided by the con-
tractor to prevent delays in covering the fill as a
result of breakdowns or the delivery of peak loads of
refuse .
In addition , the contractor will have a qualified
supervisor at all times . He supervises the unloading
of trucks , excavation of soil , spreading , compaction and
covering of refuse , and keeps the records . He should
also be able to operate the tractor in the absence of a
regular operator . The County Engineer will have general
supervision over the project and the Albemarle-Charlottes-
ville Health Department shall make periodical inspections
and consult with the proper officials regarding their
findings .
The County will provide one employee who will main-
tain a log of the operation . He will assist the contract-
or when practicable , but will report solely to the County
staff. He will furnish to the County, weekly reports on
the hours worked by the contractor ' s equipment , loads of
refuse received , and general conditions of the Sanitary
Landfill and its operations .
6 . The hours of operation of the landfill will be from
7 : 30 A .M . until 4: 30 P .M . , six days a week . Any time
required after 4 : 30 P .M . will be used by the contractor
to compact and cover all refuse brought in that day . All
entrance roads will be locked after closing hours and
all day Sundays and five holidays per year ; Christmas ,
New Years , July 4th , Labor Day , and Thanksgiving . ( If
a holiday falls on Sunday , the contractor will report to
work on Monday. ) The County will provide the necessary
chains , locks , barracades , signs (including directional
signs ) , but it will be the responsibility of the contract-
or to open , close, and maintain same .
7 . The County will purchase the sufficient stone for
the purpose of building access roads , turn-a-round facili -
ties , ramps , etc . . The grading and maintenance of same
will be the responsibility of the contractor . The con-
tractor shall confer with the County Engineer regarding
these roads before ordering additional stone .
8. The boundary of the property, including the access
roads , will be well marked by the County . The contractor
Page 2
•
shall restrict all operations therein . All precaution
will be required to protect the adjoining properties .
A proper growth has been retained (except for the en-
trance roads ) by the Continental Can Co . between the
County' s 50 acres to provide a screen between the land-
fill area and Va . Rt . 637 . A location map is attached
to these specifications .
9 . This contract will be for a period of one year .
Payments will be paid in twelve monthly installments
less 5% retained until the end of the year . A deduc-
tion of fifteen dollars ($15 . 00) per hour will be made
when the contractor ' s equipment is not in operating
condition . When such a condition exist for over 48
hours , an additional penalty of $100 . 00 per day will
be imposed upon the contractor. Before the tweith
installment is paid , which will include all retained
sums , the contractor shall furnish affidavits from
all equipment dealers , fuel supplies , etc ;1 and furnish
proof of no labor leins outstanding .
10. Any disputes or interpretation arising out of this
contract shall be decided by a committee of three persons ;
one appointed by the County Executive , one by the
contractor , and the third agreed upon by the first two
mentioned above .
11 . This contract may be cancelled by either party at
the end of any month by written notification , through
certified mail received sixty days in advance .
12 , Successful bidder will begin preparation for land-
fill on March 25 , 1968 and the landfill will be open to
the public no later than April 1 , 1968 .
•
Page 3
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DIRECTION ,
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'taw imme
Mr. Joseph W. Richmond , Jr. , Esquire
Richmond and Fishburne
240 Court Square
Charlottesville , Virginia
This is to certify that I have received a letter from Mr .
Joseph M. Goldsmith , Zoning Administrator for Albemarle County
Virginia dated December 26 , 1972 in reference to the Ivy
Landfill on Route 637 .
Pi44,11 % / d 1 z- / /4J
/C -titt.c4.v.N"9----
DATE RECEIVED BY
GOLDSMITH: Mr. Chairman, this is variance VA-72-20. Riverdale Rest Home,
Inc. Applicants are requesting the Board of Zoning Appeals of Albemarle
County to overturn a decision by the Zoning Administrator as he ruled
on a request for the City of Charlottesville to allow use of the County
operated landfill. Said ruling shall allow the City of Charlottesville
to use the Ivy Sanitary Landfill without obtaining a special permit.
Property in question is described as County Tax Map 73, Parcel 28, containing
303. 36 acres and zoned A-1 Agricultural on Route 637 near St. John' s Mission.
in the Samuel Miller District. We have a map on the wall which is described
there and you can see the property. Those of you who are not familiar
where it is , this property is South of Interstate 64. Route 708 is in
this direction here. The property fronts on Route 637. The main part of
the landfill now is situated in an area which covers approximately this
much property. A very small protion of it so far. Mr. Chairman the request
if signed by Joseph Richmond for parties described Riverdale Rest Home,
Inc. ; Robert C. Hubbell, Martha G. Bunch, John A. Purinton, Jr. , Margaret
W. Purinton, Palmer Weber, Gertrude Weber, Edward S. Evans, Jr. , Florence
A. Evans, A.B. Davenport, Nancy P. Davenport, John T. Camblos, and
Jane Z. Camblos. Now as I said they have requested the Board to overturn
a decision that I had made in not requiring the City of Charlottesville
to apply for a special permit to use the Ivy landfill. I will let you
proceed and if you have any further questions, I will answer them.
AMATO: Now, would you gentlemen be more comfortable if you would move
your chairs up here? You will have to bring your chair with you.
PICKFORD: This is Mr. Roger Wiley. He is the City Attorney.
AMATO: Well now, can we get a chair for him? Gentlemen, now I would assume
that Mr. Richmond put his case on first. He is appealing from the
unless y'all have some other ideas about it.
PICKFORD. That' s fine.
AMATO: All right, Mr. Richmond.
RICHMOND: Gentlemen, as Mr. Goldsmith pointed out, he wrote me a letter
on December 26, 1972 quoting the Section 11-13-4 of the ordinance. I
believe, if you all have got that before you.
Any use, building or activity legally in existance on the effective
date of the effective date of this ordinance, shall not require a
special use permit so long as such existing use, building or activity
is not expanded or enlarged beyond the boundaries of the parcel
or parcels of land on which it was located on the effective date of
this ordinance. This exception shall not be applicable however, to
enlargment or expansion of the existing facilities, or public utilities,
or public service corporations.
It' s a simple thing gentlemen to allow the city to go on and apply
for the special use permit, which would be the normal way to handle a
thing like this under our Zoning Ordinances, and in this case the Admini-
strator has said they don't have to because he says in his letter to me,
"The City of Charlottesville can use the Albemarle County Landfills so
long as Albemarle County does not extend the landfill use beyond the
bounds of the parcels of property on which the landfill is operated. "
Now, filed with our petition, was the lease itself, which the County
entered into with the Continental Can Company, running from May 15, 1969
to May 15, 1974. The consideration for that lease is that the County
pays the real estate on this particular property. No other consideration
to the County, to the Continental Can Company other than the County
pays the taxes. The County is to replace the. . . . put the property back
in order, and so on, and follow proper rules for sanitary landfills.
At the time of the adoption of the ordinance, the County was using 25 -..
acres of a tract of 313 acres, which is the property leased for the
payment of taxes, and later on, I believe that I am informed that they are
now using an additional 25 acres. What is before you gentlemen, is the
interpretation of this ordinance. It' s a legal question, and something
Mr. Goldsmith has overlooked. He feels that any amount of sanitary
landfill can be operated on this piece of land all at once. He does not
give any. . . He does not. . . He ignores the word "so long as such existing
use or activity is not expanded. Now, that word existing use has been
in the courts. . .been construed many, many times and there are numerous
decisions. on this , and I have not brought all of those cases here. But
basically, a non-conforming use is by definition. . . it' s objectionable. .
it' s not what we want. . .We want to have the entire County subject to our
Zoning Ordinances and it' s permitted to advoid hardship, so that someone
who is operating a quarry or in this case a sanitary landfill, is not
required to shut down completely. That would create quite a hardship on
the individual. The zoning board is trying to get rid of these existing
uses as rapidly as they can. In this particular case, the . . . . we are
not here to say that the County can' t continue their existing use of this
property. That is their use. But is r use of this thing the same as
though the City of New York and also' his sanitary landfill or the City
of Charlottesville or the City of Washington or a combination of all
of those. That was not the use being put to this land at the time of the
adoption of our Zoning Ordinance. It was not the use by a whole number
of municipalities. It was a use by the County of Albemarle which is
permitted under the decisions, under the County decisions. It is not
confined to the exact number of trucks and so on that they had at the
date the ordinance was adopted, the exact number of loads of trash that
go out there. The Court' s have said that the County, on its normal growth
as more people go into the County, they could continue to use this
landfill and dispose of their trash in the landfill. But in this case, the
County and the City are approximately the same size, this use would suddenly
be doubled. I don't know exactly how many trucks go over that road now,
or how many will go over the road to that sanitary landfill. But, we can
say, I think fairly, that it is going to be close to twice that because
the two population areas are approximately the same. Our objection has
been that road. That question is not before you. The question before you
is what does an existing use mean? But in the hearing, which we hope you
would allow, which would be an application by the City for a special use
permit. In that case, we would take a strong position that that road is
is very unsafe and not capable of handling the traffic that would be put
on it. It would be very unsafe if the traffic on that road were
doubled. I want to read to you,gentlemen, the preamble to the Zoning
Ordinance and I think you have got to refer to that and that is what you
have got to bear in mind in deciding what is this existing use.
3
"The ordinance has been designed (a) to provide for adequate light,
air, convenience of access and safety from fire, flood, and other
dangers. (b) to reduce or prevent congestion of the public streets.
to protect against one or more omitted something. . .of the
following: over-crowding of lnad, undue density of population in
relation to the community facilities, existing or available;
obstruction of light or air, danger and congestion in travel
and transportation, or loss of life, health or property from fire,
flood, panic or other dangers" .
Now getting back to this existing use, the theory behind this existing
use is to avoid hardship on the individual landowner, in this case the
County of Albemarle. Now, how is the County of Albemarle suffering any
hardship if you interpret this existing use to mean their use of it
but not everybody elses use but not the city' s use. They have no hard-
ship. They are not losing anything by it. They are still are allowed to
use it. An existing use by the County alone, gentlemen, you can't
expand that as a normal expansion. . . .normal growth expansion of the
County' s activities. You cannot construe an existing use to mean
doubling it over night with another municipality using that dump. Now
that Mr. Goldsmith feels that so long as there is this particular piece
of land is used for sanitary landfill. It makes no difference how many
use it or how much traffic goes over that road at one time, so long
as you don't go beyond the boudaries of that particular piece of land
being used for a sanitary landfill at the time of the adoption of this
ordinance. But that gentlemen, is not the test that have been given it
by the courts, and this is a legal interpretation. They have said
the courts have held that as I stated that surely the County could be
allowed a reasonable growth as their population increased. But an existing
is what is being used at that time. Oh, I would say, if you had a quarry
out there, the quarry owner, if it was there at the adoption of the
ordinance, could continue its operation and its normal business growth.
That doesn't mean that two or three quarry owners could come in there all
at ?me. That' s not the spirit of the ordinance. We are trying to eliminate
the existing uses. The Tirit of the ordinance is to try to keep the
existing uses much in harmony with the rest of the zoning as we possibly
can. Now just for that reason, we feel, and we think we are justified
legally in this contention from the courts' decisions, that this is
a case in which the ruling of the administrator should be reversed by
this body, and that the City of Charlottesville should proceed in the
normal to apply for a special use permit to use this land for its own
refuse and trash, and we hope that will be your decision.
AMATO: Mr. Richmond, let me ask you a question before you finish.
RICHMOND: Yes sir.
AMATO: You said that there were some cases that related to existing uses.
RICHMOND: I can make those available to you.
AMATO: Do you have those?
RICHMOND: I don't have them at hand, but I would be glad to get them for
the Board to study.
4
AMATO: They would be helpful. . . .because we want to make a proper
decision to the best of our ability, and I think that if there are
some cases that are pertinent. . . we ought to have.
RICHMOND: I would to submit a memorandum to the Board, on this, if
the Board would like to have it.
AMATO: That would be helpful too, and then do desire to, there are a
number of people here and this is a public hearing, do you desire
to offer anyone to testify on this matter?
RICHMOND: Well generally speaking I think the facts if the Board
is not conizing to the facts out there, I guess we could put on witnesses
but. . . about thing. But, I believe it is pretty well known. . . .
AMATO: We made a trip out there to visit. . . .to see the. . . we know how
long the road is. . 637 is. . .
RICHMOND: Do you have a copy of the lease before you and the application
and I think it' s a question of interpreting the" language as to what
does an existing use mean?
AMATO: And you theory is that existing use would not be applicable
to use by the City of Charlottesville.
RICHMOND: That' s correct. . . .there is only one legal using
that thing at the time of the adoption of the ordinance and they can
grow naturally . . . .they are not limited to the 15 loads they might have
had at the time of adoption. . .they can gradually increase to 25 but they
can't double this thing all at once and let one or more
go in there and use it. An application for a special use permit is the
proper remedy of those cases in that situation.
AMATO: Is there anyone here from the public who wishes to be heard based
on the position that Mr. Richmond has taken at this time.
RICHMOND: Mr. Camblos has something to say legally.
CAMBLOS: Mr. Chairman, gentlemen. . .Mr. Richmond has presented has presented
our position, I think, very ably and very well. I would like to point
out one aspect a little differently from the way he pointed it out.
This was not at the time of the adoption of the ordinance just a general
existing use by the County. The County did not have. . .did not own this
land, did not have a right to use it except in a very limited way and
the existing use that was there when the ordinance was adopted was the
use permitted under this lease. Now this lease is very specific in
several respects.One is, and this was the fact at the time of the adoption
of the ordinance which is the time must look to as to what the use was
at that time. One of the specifications of the lease was that they would
use 25 acres, and the first 25 acres was what they were using at the
time of the adoption of the ordinance. As they needed more, another 25
acres could go into use. Secondly, this lease specifies in
5
Paragraph #2, the purpose of this is to provide to County for its
use a location for sanitary landfill. Now, the use that was being
made was the use that could be made under this lease, and only that
use. And now, we are trying to say that because the County limited
to its use only at the time of the adoption of the ordinance, we
are now going to change that use to allow the city or perhaps if it
becomes a finicially attractive to the County to contract with the
City of Washington to use it or anybody else, under Mr. Goldsmith' s
interpretation would be an existing use. We do not agree with that.
We think that they were limited in the use they were making by this
lease, and that use cannot be now expanded to completely change that
use and call it an existing use.
AMATO: We have not seen this lease.
CAMBLOS: It' s a part of this exhibit. Paragraph 2 there. . . .
AMATO: Would you read to the Board then the pertinent provisions?
CAMBLOS: Well this is an agreement made the 15th day of May 1969
AMATO: Just the pertinent provisions.
CAMBLOS: Paragraph 2 , I think is X tinent. The purpose of this
lease is to provide to County,for'a loccation for sanitary landfill
operation, for disposal of trash and garbage by burying same beneath
the surface of the ground. For the initial use by County under this
lease, the parties hereby agree that the 25 acre portion of the tract
hereby leased will ISr� R 'ft �lected by agreement between the
parties. As soon as ai portion is selected by the parties, company
will proceed to cut and remove merchantile timber and so forth.
At such time as it may become necessary to move from part of said original
25 acre portion due to complete filling thereof, County will notify
company in writing of its additional needs for more land outside of
said portion an a new location of an area specified by County will be
selected for additional use at a site which will be contiguous to that
previously used, and they were going to go on at 25 acres at a time.
But it' s my position in addition to what Mr. Richmond has said that that
lease very plainly restricted to use by the County and that was the
existing use and that' s the only use that we can now continue as an
existing use by the County.
AMATO: Now the cut-off time,as I suppose as the decision of Mr. Goldsmith,
I assume that would be the cut-off time. Was there a lease or an
amendment of this lease or new lease executed prior to the time Mr.
Goldsmith made this decision?
CAMBLOS: No, sir.
RICHMOND: That was the lease in effect.
AMATO: In effect then. (uh-=huh)Oh I see this is from 69 to end of May
the 15th of 74.
6
CAMBLOS: Now there has been, I understand, from the new media approved
by the County and the City a four party contract which perhaps
Continental Can will enter into or perhaps won't or perhaps it has
for all I know whereby Continental Can will agree that it has
no objection to the change that County and City now are proposing but
the point is that the use that was. . .the only use that could be made
at the time the ordinance took effect, which is the pertinent time
was use by the County.
AMATO: Could I have a copy of the lease? Do we have one?
GOLDSMITH: Could I comment on this?
RICHMOND: You could have that. It was filed as exhibit with out petition,
but it may not be there. Have you got it over there, Mr. Goldsmith?
We have a copy of it, yes.
GOLDSMITH: We have a copy of it , yes.
AMATO: Well, is there anyone else here, present this evening, who would
like to make a statement relating to the side that Mr. Richmond and
Mr. Camblos is supporting.
DAVENPORT: Mr. Chairman, I am Bruce Davenport.
AMATO: Bruce Davenport?
DAVENPORT: Now, I donrt have the figures at hand but I think Mr. Richmond
didn't emphasize the magnitude of the increase of traffic on that road
the number of trucks compared to the number that they are presently
using. I think the City said that they would have enough trucks to cause
one truck to be going by a point every 4 or 5 minutes during the day.
during a working day. Presently, there is one every 15 or 20 minutes.
So is a great order of magnitude of increase in the traffic on the
road and the use of the dump.
AMATO: Is there anyone else there? All right, Mr. Pickford.
PICKFORD: Gentlemen, and Mr. Richmond, I will be stating some dates if
you accept them, fine. . . if not, we will take a little evidence on it.
The Zoning Ordinance was enacted by the County April 15, 1968. I think
it' s important to keep some of these dates in mind. Judge Waddell,
subsequently, held that this ordinance became effective June 28, 1968
The parcel of land in which we are involved is 313. 9 acres. The landfill
operation went into effect April 15, 1968. It was memorialized by this
written agreement, so far as this lease agreement between Continental
Can and the County is concerned by this lease you have which is dated
May 15, 1969. But the use went into effect April 51, 1968, and if you
want to see a lease between Mr. Whitfield Morris and the County concerning
the operation, I have it here. Now, this is an Agricultural zone and I
have an older copy of the ordinance, but it has the same sections. Page
6 of the ordinance, Section 2-1-29 ( iil4t says 2-1-25 (9) at the top of
my page here. It deals with sanitar method garbage disposal. This
particular section of the ordinance says for sanitary fill method c
garbage disposal procedure, you have to have a special permit in an
agricultural zone. This is unless you have some exception to that. So
we have to look to the exception. Now, if you go Page 38, Section 10-1-1,
7
PICKFORD: It' s my 38, and it has to do with non-conforming uses con-
tinuation. Your pages, I guess, are different. It's 10-1-1. Now, you
have over previously sited the requirement for the special permit.
Now, you have this section which says, "if at the time of the enactment
of this ordinance there is any legal activity which is being pursued or
any lot or/R8Eucture being legally utilized, in a manner or for a purpose
which does conform to the provisions of this ordinance, such manner or
use of purpose may be continued as herein provided. And it goes on to
when a period expires, that non-conforming use category will, permissability
for it will lapse. And then you will look at the next section, 10-1-2,
says that any change" in title or renewal of a lease of any such lot or
structure occurs, the use existing may be continued. The importance of
this is the fact of ownership by one party or a lease of it by one
party would not prohibit a successor in interest to continue the operation.
And this is brought out by Yokely, eminant authority on the matter of
zoining. This book, Zoning Law and Practice, say the right to continue
a non-conforming use once established and not abandoned, runs with the
land. It doesn't run with the owner, it doesn' t run with the lessee,
the landlord, it runs with the owner. I mean with the land itself,
and whoever makes use of that property. The argument that this use is
confined to the County is not correct. If a lease were assigned to
the City of Charlottesville by Continental Can and the County of Albemarle
that use could continue. If this lease of Albemarle County terminiates
as scheduled on May 15, 1974, and Continental Can then leases to the
City of Washington or sells to it, that use can be continued. Use runs
with the land. Now, go to page, well Section 11-13-4 , on my 49. I don' t
know just how it is on yours. That' s dash 4. Now, Mr. Richmond has
read you most of this sedtion with the exception of the last.
AMATO: What page are you on?
PICKFORD: I am on 49 . They are on 52. But I think the last phase of the
sentence is very important. Any use, building, or activity legally in
existence on the effective date of this ordinance, and the effective
date was June 28, 1968 , or for which a building permit was issued
prior to the effective date of this ordinance shall not require a special
use permit. So back over earlier, we had the requirement for it. But
here we say it shall not be required, so long as such existing use
building or activity is not expanded or enlarged beyond the boundaries
of the parcel~ or parcels, of land, on which it is located on the effective
date of this ordinance. Now, the parcel of land in question at the
effective date of this ordinance was 313. 9 acres. You will note that the
initial portion under this written which memorialized the lease arrangement
calls for 25 acres but it envisioned expansion to additional 25 acre
parcels, so it has encumbered the entire tract, and this use can be
expanded on that entire parcel. I think, gentlemen, with those 3 sections
read together, with what the authority is one it, and the use running
with the land and not to a particular party makes this a rather simple
resolution. And that the zoning administrator was entirely correct.
That' s the end of my argument.
AMATO: Is there anyone from the public that wishes to be heard''ON
the position taken Mr. Pickford for the County?
8
RILEY: Mr. Chairman, I am not sure that the City has any right to be
heard any differently than any member of the public would be. . . .
but I would like to state that the City' s agreement, which Mr. Richmond
and Mr. Pickford has stated, I think that they have stated it very well
but I would like to point out one or two things. I'.believe Mr. Camblos
mentioned that the existing use of the property in question for the
sanitary landfill was limited under the contract to 25 acres with a
possible additional 25 acres by a later agreement between the County
and Continental Can. It' s my understanding from talking to Mr. Agnor,
the City Public Works Director this afternoon, that the proposed
agreement between the City and the County and the other two parties,
the Continental Can and Mr. Morris, that under this agreement, no
expansion beyond the original 25 acres would be involved. This
agreement is a temporary thing running only until June 30th of this year.
It has not by the way as of this moment been adopted by the City. I
anticipate review by the Council next Monday night. But on the short
term agreement, we do not anticipate. . . .the County Engineer may be
able to give you better information on this, but we do not anticipate
anything beyond the original 25 acres will be involved. I think as
a common sense way of looking at this thing, for instance say a grocery
store, operating as a non-conforming use. . . .existing non-conforming use
under your zoning ordinance; if for instance the owner of your grocery
store was by some method able to rapidly double his business. Double
the number of customers coming to his store. Say one of his competitors
went out of business, or he discounted his prices. I don't believe
that anyone would reasonably argue that he should be required to get
a special use permit for this sudden increase in the volume of his
business, and I think that the same principal applies here with the
landfill. Certainly, the volume of refuse to be deposited there is
going to increase under this proposed agreement, but the City is firmly
of the opinion that it is not changing the existing use of the property.
AMATO: But what would your position or comment made perhaps on the
U ,,, . 4
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Alber arle p
Opens April 22 €:
Albemarle County Engineer
W. A. Townes said today that ;
the county's new sanitary land- 1
fill will open April 22.
The new landfill Is on Rt. 637 ;
near St. John the Baptist Epis- '- {
copal Church in the Samuel
Miller District. F
. Townes said the new facility i
will be open from 7:30 a.m. un- t
til 4:30 p.m. six days a week. - 1
On the same date two dumps
• will be closed. One is on Rt.
742, the Old Scottsville Road, ry ,
and the other is on the Broad i
Axe Road.
t
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i
i
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t
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x;
=i
tary landfill and for the grading
of approximately two thousand
(2,000) linear feet of road and
clearing ten (10) acres of the
site in Albemarle County will
be received by the office of the
County Executive until 10:00
A.M. on the 18th day of March,
1968, at which time all bids will
be publicly opened and read.
Bids shall be prepared on
forms provided, enclosed in a
sealed envelope, addressed to
T. M. Batchelor, Jr., County
Executive, Room 202 County Of-
fice Building, Charlottesville,
Virginia, and marked "Bid for
(1) Preparation of the site, (2)
Maintenance of, the Sanitary
Landfill".
Bid forms and bid informa-
Pio' .,oh ailed frbr :. W.
•
.r
WHITFIELD MORRIS
RT. 3, BOX 128
SHA_RLOTTESVILLE, VA.
•
ALBEMARLE COUNTY OFFICE BLDG.
CHARLOTTESVILLE, VIRGINIA
•
APRIL COVERAGE OF TWO COUNTY DUMPS:
DUMP if 1 $ 900.00 71- .r A
DUMP # 2 $ 900.00 76"-d/r.
•
NEW LANDFILL $ 800.00 TG -,P/C 4,4 ' 2
12 HOUR FIRE WATCH $ 24.00 %1'"'rl
MOVING AND REPAIRING BJILDING $ 170.00 / Oh: :
!OTAL $2794.00
Whitfield Morris - �f
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�•w. 4-, 0 at m Z '.:,w Q.,iso
THIS CONTRACT made this 18th day of March 1968, by and
between the County of Albemarle, hereinafter called the County,
and Whitfield Morris, hereinafter called the Contractor,
W I T N E S S E T H:
That whereas the County intends to operate a sanitary
landfilled facility on State Route 637 near the location of interstate
Route 64 in Albemarle County, Virginia, for the purpose of disposal
of refuse materials by sanitary landfill methods;
And whereas the County advertised for bids from Contractors
for the work required to maintain and operate said landfill facility
and received bids from various persons and firms interested in
performing that work;
And whereas the Contractor submitted a bid offering to
maintain and operate said landfill facility for a period of one year
for a compensation of $1, 600. 00 per month payable monthly during
said term;
And whereas the Contractor's bid was submitted in accordance
with specifications set forth in a document attached hereto entitled
"Specifications for the operation of Albemarle County's sanitary
landfill" , containing five pages of specifications;
And whereas the County has accepted the bid submitted by
the Contractor as aforesaid;
•
Now, therefore, the County hereby agrees to pay to the
Contractor the sum of $1, 600. 00 per month in cash for the term
of one year commencing April 15, 1968, provided the Contractor
satisfactorily performs the work required to operate and maintain
said landfill facility in accordance with aforesaid specifications.
And the Contractor hereby agrees to operate and maintain
said landfill facility in a proper and workmanlike manner, all in
accordance with the aforesaid specifications set forth in the
attached document, including the right of termination set forth
in paragraph 11 of said document.
Witness the following signatures and seals.
County of Albemarle
(SEAL)
Attest: County Executiv ✓
Clerk, Board of Supervisors
t eld Morris
-2-
RIVERDALE REST HOME, INC. et al
v. REPLY MEMORANDUM
JOSEPH M. GOLDSMITH
Zoning Administrator, Albemarle County
To the Albemarle County Board of Zoning Appeals:
1) Facts as stated by Riverdale are correct. Riverdale' s
conclusions set out thereunder are erroneous.
2) Question presented: Is the present land fill operation the
use which existed on the effective date of the County' s Zoning
Ordinance (June 28, 1968) , and if so, is the expanded use thereof
permitted by that ordinance?
3) Argument: Throughout its memorandum, Riverdale tries to
relate the lease between the County and Continental Can with
this Board' s duties under the zoning ordinance. This is improper
since this Board has nothing to do with that lease. For example,
restrictions can be imposed upon land, and the Board has no right
to enforce or interpret them. The zoning ordinance is the Board' s
sole instrument of concern. Whichever is more restrictive, zoning
or restrictions, is usually the guide line for property usage. Here
Continental Can by lease entered into prior to the zoning ordinance,
permitted the County use of a tract of 313.9 acres as a sanitary
land fill. When the County started such operations prior to June
28, 1968, the sanitary land fill use came into existence. Under
the zoning ordinance it was and is a non-conforming use which any
owner, owners, leasee or leasees can operate. Change in ownership
or tenancy does not terminate the use. (See §10-1-2 of the ordinance) .
The use runs with the land to the benefit of anyone who may own or
lease it. (Yokley, Zoning Law and Practice §16-3 page 218) . The
County ordinance sets forth no requirement that only Albemarle
County ' s use is expandable. Should Albemarle' s lease terminate,
Continental Can itself or any tenant or tenants could continue to
operate a sanitary land fill on the premises.
The only person under these circumstances who could.
prevent the County from permitting the City of Charlottesville
or anyone else from using the 313.9 acres as a sanitary land fill
is the owner Continental Can under its lease. It has not chosen
to do so, but has agreed to permit the City to share said usage.
Riverdale complains that only normal expansion occasioned
by County' s use is permissible. This would be so if the ordinance
so stated. Of the cases cited by Riverdale, 138 A 2d 92 a 1958
Pennsylvania case, deals with an ordinance which speaks to and
confines expansion to "normal expansion." Our ordinance does not
undertake to restrict extension of use to "normal expansion" nor
to restrict "material or substantial expansion" as discussed. in
87 ALR 2d §6 page 15. Words "enlargement" or "expansion" are
comprehensive and include all categories thereunder including a
drastic increase in intensity of use UNLESS the ordinance specifically
restricts such increase. Albemarle County ' s does not. It, by
Section 11-13-4, permits expansion so long as confined to the
parcel or parcels of land on which it was used when the ordinance
was adopted. To rule that this ordinance restricts intensifying
of use whether normal or drastic would be to amend or re-write the
ordinance. Neither this Board nor any Court has this legislative
power.
All authorities cited by Riverdale fail to involve an
ordinance similar to Albemarle' s. In fact, one (87 ALR 2d §8
page 22) says it is generally held, absent an ordinance to the
contrary, that a non-conforming use in existence when the ordinance
is adopted, although not making use of the entire parcel on which
it is located at that time, may be expanded to full use of the
entire parcel irrespective of the intensity of that expansion.
In its citation of In re Associated Contractors 138 A2d
99 on page 4 of its memorandum, Riverdale addresses itself to the
housing of elephants. We in this case are concerned with an
-2-
activity (land fills) , not structures. Our ordinance 010-5-1
and 10-5-2) would prohibit expansion of non-conforming structures
to house elephants, but not so with a non-conforming activity such
as the sanitary land fill operation.
In conclusion, Joseph Goldsmith, the County ' s Zoning
Administrator, was absolutely correct in stating that we are
involved with expansion of a non-conforming use for which no special
use permit is required 011-13-4) . To hold otherwise would re-
write that section of the ordinance. As far as arguments concerning
traffic increases are involved, these are not germane to the
question under consideration.
Respectful sub��'. tgr -;'�f
4 ' 42,:) ---
tvi .,,�
Albemarle County lc torney
CERTIFICATE
I certify that I have hand delivered a copy hereof to
Joseph W. Richmond, Jr. , counsel for appellant this 12th day
of February, 1973. / -
}1 i
}f •
VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE
CITY OF CHARLOTTESVILLE,
Petitioner
}
v• PETITION FOR
WRIT OF CERTIORARI •
.1
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
c/o John Humphrey, Acting Zoning Administrator
County Office Building
Court Square . .
Charlottesville, Virginia •
i
1i and
RIVERDALE REST HOME, INC. et al
i! c/o Joseph W. Richmond, Esq.
Richmond & Fishburne
Court Square
1 Charlottesville, Virginia
Respondents •
To the Honorable David Berry, Judge of said •Court:
� I
Comes now your petitioner the City of Charlottesville, Virginia, and
represents unto the Court that it is aggrieved by a decision of the Albemarle
'4 County Board of Zoning Appeals rendered February 12, 1973, for the following
;i
1 reasons, to-wit:
11
1 . Petitioner has contracted with the County of Albemarle for permission
to utilize, on a temporary basis, the sanitary landfill site operated by the
f1
;f County on property owned by the Continental Can Company, Inc. on State
Route 637, near Ivy, Virginia.
2 . Following a ruling by Joseph M. Goldsmith that the City was not
required to apply for a special use permit for such temporary.utilization of the
.
existing landfill under such contract, respondent Board of Zoning Appeals, •
acting pursuant to an appeal filed by respondents Riverdale Rest Home, Inc. ,
it Iet al, voted to overrule the decision of the Zoning Administrator and to require
! the City to apply for the special use permit.' •
•I
•
•
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r ;.r� .p,•; :y i at� 14t:j..i. • �is .'`. -.` ••i• •�: •
is • r *• •'" t. �' ti• ,g.s• _ �° ,. - • -11'
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•
• i
3. This ruling of the Board of Zoning Appeals is erroneous, arbitrary and
capricious and without basis in law or fact in view of the following:
a. The County's Ivy Landfill is presently operated as an existing
non-conforming use pursuant to §10-1-1 of the Albemarle County
{
Zoning Ordinance.
b. By the terms of that ordinance, changes in title or renewals
•
of lease do not terminate a non-conforming use. Consequently,
permissible existing non-conforming uses run with the land. The
;; anticipated use by the City of the Ivy Landfill site is simply a
j
continuation of the County's existing use. (§ 10-1-2, Albemarle
County Zoning Ordinance.)
c. The ruling of the Board ignores the provision of §11-13-4
� I
of the Zoning Ordinance which exempts from the requirement for
a special use permit any continuation of such use so long as
rI
it is not expanded beyond the boundaries of the parcel on which
.!
it was located as of the effective date of the zoning ordinance.
I
The City's proposed sharing of the landfill site will not expand
its use beyond such boundaries.
4. The decision of the Board of Zoning Appeals works great,hardship
I! upon your Petitioner which faces a state of emergency with regard to its
solid waste disposal because of the dangerous and unhealthful conditions
{i now existing at its present landfill site.
Wherefore, Petitioner, by its undersigned counsel, who is duly authorized
to act in its behalf by the Council of the City of Charlottesville, hereby
• requests this Court to grant a writ of certiorari to review the aforesaid decision
•
•
•
{
•
•
of the Board of Zoning Appeals, and to enter a restraining order to stay
!i enforcement of such decision pending the review thereof, in accordance with
the terms of §12-7 of the Albemarle County Zoning Ordinance, and to grant
;1
your Petitioner such further relief as may be deemed meet and proper, etc.
1 CITY OF CHARLOTTESVILLE
it
ii
n
By
} Ci Attor
Roger C. Wiley, Jr.
City Attorney
II City Hall•
i Charlottesville, Virginia •
AFFIDAVIT
ii
This day, the above named Roger C. Wiley, Jr. City Attorney for the
I1 City of Charlottesville, Virginia, whose name is signV tp the foregoing
i petition, personally appeared before me,
a Notary Public in and for the County of Albemarle in the tate of'&Virginia;
and being first duly sworn, acknowledged the same to be his signature
i# and the facts stated therein to be true to the best of his knowledge and
1 belief.
Subscribed and sworn to before me this 22nd day of February 1973,
1i in testimony whereof I have hereunto set my hand and seal.
My commission expires ;` )J1 // 7 7
'- t
T / z/�
li 4,L,t4
Notary`Public
;1
CERTIFICATE
I hereby certify that copies of the foregoing petition were delivered to
Joseph Richmond, Esq . and to John Humphrey, Acting Zoning-Administrator
;; of Albemarle County, and to Herbert Pickford, Esq. this 22n ay of
February, 1973. 6:1
zA/,
/'ri
City Attor eY
it
t11
11
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it
it
11
11
11
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11
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,fte may.
RIVERDALE REST HOME, INC.
ROBERT C. HUBBELL
MARTHA G. BUNCH
JOHN A. PURINTON, JR.
MARGARET W. PURINTON
PALMER WEBER
GERTRUDE WEBER
EDWARD S. EVANS, JR.
FLORENCE A. EVANS
A. B. DAVENPORT
NANCY P. DAVENPORT
JOHN T. CAMBLOS
JANE Z. CAMBLOS,
Appellants:.
v. APPEAL
JOSEPH M. GOLDSMITH
Albemarle County Zoning Administrator
County Office Building
Charlottesville, Virginia
Appellee. . .
TO THE BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY:
Come now appellants, Riverdale Rest Home, Inc. , Robert
C. Hubbell, Martha G. Bunch, John A. Purinton, Jr. and Margaret
W. Purinton, Palmer Weber and Gertrude Weber, Edward S. Evans,
Jr. and Florence A. Evans, A. B. Davenport and Nancy P. Davenport
and John T. Camblos and Jane Z. Camblos, and petition the Board
of Zoning Appeals of Albemarle County as follows:
1. They are residents of Albemarle County, Virginia,
being owners of property along State Route 637 in said County
in the vicinity of the_hereinafter described sanitary landfill
and are aggrieved persons within the meaning of Article 12-3
of the County of Albemarle Zoning Ordinance.
New
2. Since on or about May 15, 1969 the County of
Albemarle has been operating a sanitary landfill under a certain
lease agreement with Continental Can Company, Inc. dated
May 15, 1969, a copy of which is hereto attached marked
Exhibit A. Said sanitary landfill is located on State Route
637 approximately three miles southwest of the intersection of
State Route 637 and Interstate Route 64.
3. The County of Albemarle is considering entering
into an agreement with the City of Charlottesville to permit
said City to use said sanitary landfill for disposal of all
of said City' s solid waste. Said operations of the City of
Charlottesville are to commence at the aforesaid sanitary land-
fill soon after December 29, 1972.
4. Said sanitary landfill is located in an A-1
agricultural district of the County of Albemarle in which
sanitary fill method of garbage disposal is allowed only with
a special use permit.
5. Joseph M. Goldsmith, Albemarle County Zoning
Administrator, has ruled that a special use permit is not
required by the City of Charlottesville to use said sanitary
landfill because the use by the County of Albemarle of said
landfill is a nonconforming use permitted under Article 10-1-1
of the Albemarle County Zoning Ordinance and the use of said
landfill by the City of Charlottesville will not expand or
enlarge the existing use beyond the boundaries of the parcel
of land on which it was located on the effective date of said
Ordinance.
6. On the effective date of the Albemarle County
Zoning Ordinance the nonconforming use allowed by law was
the use of approximately twenty-five (25) acres at said
-2-
location by the County of Albemarle for the operation of a
sanitary landfill for the disposal of said County's solid
wastes. The establishment of a sanitary landfill at said
location by the City of Charlottesville will alter and change
said nonconforming use as follows:
(a) A new and different political subdivision
will operate a sanitary landfill at said location.
(b) Two political subdivisions will engage in
sanitary landfill activities at said location.
(c) Space requirements will far exceed the
said twenty-five acres.
(d) Traffic on approach roads to said location
will increase substantially.
(e) Personnel and equipment requirements will
increase.
7. Appellants submit that the ruling of the
Zoning Administrator violates Article 10 of the Albemarle County
Zoning Ordinance and is clearly contrary to the purpose and
spirit of said Ordinance. The Preamble to said Ordinance pro-
vides in part,
This ordinance has been designed (a) to
provide for adequate light, air, conveni-
ence of access, and safety from fire, flood
and other dangers; (b) to reduce or prevent
congestion in the public streets; . to
protect against one or more of the follow-
ing: overcrowding of land, undue density
of population in relation to the community
facilities existing or available, obstruc-
tion of light and air, danger and con-
gestion in travel and transportation or
loss of life, health, or property from
fire, flood, panic or other dangers.
A nonconforming use, by definition, is objectionable.
It is permitted to avoid hardship in immediate cessation of a
use already in existence. Elimination of such use is the goal
-3-
Amw
of zoning unless an exception is made in the form of a special
use permit to continue the use.
It is clear that the operation of a sanitary landfill
by the City of Charlottesville is a use of the aforesaid
property completely different from the use existing. when the
Zoning Ordinance became effective and cannot be deemed a
natural and normal growth, expansion, or enlargement of the
County' s activity at said location.
A real question exists whether the City of Charlottes-
ville should be permitted to operate the desired landfill.
That question is not presently before the Board of Zoning
Appeals. However, the ruling of the Zoning Administrator
permits the City to operate the landfill without applying for
a special use permit because, the Administrator has ruled, the
City' s use of the property will not change the use which existed
on the date of the Ordinance. Appellants submit that a
decision to affirm the Administrator' s ruling by this Board
would disregard the true facts of the situation and would
violate both the letter and the spirit of Albemarle County
Zoning Ordinance.
WHEREFORE the appellants pray that the Board of
Zoning Appeals reverse the ruling of the Zoning Administrator;
that this Board require that the City of Charlottesville apply
for a special use permit prior to commencing operation at said
sanitary landfill; and that the ruling of the Zoning Administra-
tor be stayed pending a decision of this Board.
By ) kt.Lea„if
cY� .ounsel
Richmond and Fishburne
240 Court Square
Charlottesville, Virginia 22901
Counsel for Appellants
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BACKUP INFORMATION
w
This information shows that the Ivy Landfill was in operation
before the effective date of the Albemarle County Zoning Ordinance.
The Landfill in question became operative on April 22, 1968 . The
effective date of the Zoning Ordinance is June 28, 1968 recorded in
Chancery Number 69-246-C.
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Ail'i --c.). )111cAk9 '
6::€0. .)i \‘‘. \ . , _ .
• rk.• OV • . • . . H 1
• rT4lbernarle Dump _ .
Opens April 22
Albemarle County Engineer ''
W. A. Townes said today that �.
the county's new sanitary land- a"
•
fill will open April 22. k�
The new landfill is on Rt. 637 .,�
'near St. John the Baptist Epis-
copal Church in the Samuel _;
Miller District.
. Townes said the new facility _
will be open from 7:30 a.m. un-
•
' til 4:30 p.m. six days a week.
On the same date two dumps
will be closed. One is on Rt. Y
742, the Old Scottsville Road,
and the other is on the Broad
. Axe Road. .
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April 3, 1968
Mr. Whitfield Morris
Route 3, Box 128
Charlottesville, Virginia
Dear Mr. Morris:
I am enclosing your copy of contract for operation
of the Route 637 landfill which has now been signed by
Mr. Batchelor.
•
We appreciate very much your interest in this
matter.
Sincerely,
(Mrs. ) June T. Moon
Administrative Assi stant
Enclosure
STATE DEPARTMENT OF HEALTH
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,
Richmond, Virginia
rmillumwe t
1
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Inter-Office Correspondence . t
Date: August 5, 1968
To: =ICE i=UANDUM
From: V.r. R. E. Dorer
•
Subject: Inzr)ection ofZlbeniarle County Refuse Disposal Site
On Ausust 1, 19E3, an inspection was eade of the refuse disposal
site in iireeaaarle County with, 1-x. William Towne, County Engineer.
The site has been in operation for an?roximately four months. The
land is hilly. A road has been constructed from the State road to
the area where refuse is being placed. The road is suitaLle for
all-weather travel but, no deal-A, it will have to be e:;.tended as
the fill 7rogresncri. A gate has keen installed and is locked when
the fill is not in operation; however, it was learned that some
users have keys so that they can dispose of their refuse in off
hours.
The site is being operated by a private contractor who has two
tractors cc-juin-pod with frontend loat:.ers. The method being used
consists of c::cavating a trench with the tractors; refuse is
Cuapod into the trench, ccm?aeted, and covered each C.a7. With
shal1o4 %..itchcs, there should have been a surplus of cover material;
newe',,er, this was not so. it was leeri:ed that each Cal 's accu-u-
-- -- laticn is : cing ered witl .:4At of earth. It ie reec7enced
thut teei's acesiulatien te covcrec with inchcs ci earth,
L-nich will result in stock carth. it will .1ze it pcssilole
1 ,cre layers o rill op, ofc: 1:1;,c arca whrre th
,-- trenches are jct.-at-cc, using the cur:?rus earth or cover. Also, it
1„a2 l. tnat a 's.arrier si to eict ;:eet of nataral earth
is iLft Iset"tch cash tsi.ss.l. 1:t is s.vthce t.sat thise
tut L:ac.: to two ::sst f possi:sle, which will L.::1-1 to ctmserve sac .
the all is Lein7. v71:11 c::.erated. It is Lalt that :sy
stroa can .L;e useC ior a lscr
s of .
=:jr,
VIRGINIA:
IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
r.
F. O. COCKERILLE ste„ .,,
and
IRECO CHEMICALS
V. DECREE
JOHN L. HUMPHREY, Zoning
Administrator of Albemarle
County IN CHANCERY # 69-246-C
This cause came to be heard on December 1, 1969, upon the
complainants' bill of complaint for injunction and motion for temporary •
injunction and was argued by counsel, and the Court being of the opinion
that no showing of irreparable harm was made, the plaintiff's motion
for temporary injunction was denied.
: i
And this cause came again to be heard upon the complainants'
bill of complaint for injunction, the defendant's answer to said bill, the
stipulation of facts filed by counsel on March 5, 1970, and the briefs and 1
•
memoranda of law filed by counsel;
Upon consideration of which, the Court finds it unnecessary to
•
rule upon the constitutionality of Section 15. 1-591 of the Code of Virginia
(1950) as amended and, therefore, withholds any ruling on that question,
. but the Court hereby rules that the Albemarle Zoning Ordinance adopted
March 7, 1968, b the Albemarle County Board of Supervisors became
effective o June 28, 1968, the effective date of Chapter 378 of the Acts
of the General Assembly of Virginia for the Regular 1968 Session which
Chapter repealed the provisions of Code Section 15. 1-591, and the Court
further rules that said Zoning Ordinance continued in full force and effect
from said last-mentioned date and was in effect on June 13, 1969, when
the complainants entered into.a lease which contemplated the use of the
subject land for storage of explosives, a use prohibited by said Zoning
Ordinance, and when the complainant Ireco Chemicals thereafter actually
commenced said use.
Wherefore it is hereby ADJUDGED, ORDERED and DECREED
that the complainants' prayer for an injunction against the defendant's
enforcement of said Zoning Ordinance be, and the same is, hereby
denied, the bill of complaint in this cause is dismissed, and this cause
• is hereby ended.
t. And the complainants excepted to the foregoing rulings of the
Court. 17 (
Z [LA (/'
• / Judge
Mardi I - , 1970
I ask for this:
• + Seen and exce.ted to:
• Tiff,a I..� d,
by 7
VIRGINIA: AT A CIRCUIT COURT HELD AND CONTINUED FOR
THE COUNTY OF ALBEMARLE ON THE CHANCERY SIDE THEREOF, MONDAY,
MARCH 23, 1970.
i .
PRESENT: HON. LYTTELTON WADDELL, JUDGE
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.copy TESTS:. -
SHELSYJ. MARSWALL, CLERK
br` Dep.Clerk - -
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REQUESTS FOR WRIT OF MANDAMUS .'
- }
NOTICE
TO: Mr. Joseph M. Goldsmith
Albemarle County Zoning Ordinance Administrator
County Office Building
Charlottesville, Virginia
Charles R. Haugh, Esquire
Commonwealth's Attorney for Albemarle County
435 Park Street
Charlottesville, Virginia
Board of Supervisors of Albemarle County
c/o Mr. Gordon Wheeler, Chairman
Count: Office Building
Charlottesville, Virginia
Herbert A. r ickford, Esquire
Albemarle County Attorney
230 Court -3quare
Charlottesville, Virginia i+
Mr. T. M. Batchelor
Albemarle County Executive
County Office Building
Charlottesville, Virginia
}
The undersigned have received notice that you are
about to permit the City of Charlottesville to establish
a sanitary fill method garbage disposal operation located
on the same tract pf land now used as a land fill site by
Albemarle County and commonly known as the Ivy Land Fill
on State Route 637, without requiring the City of
Charlottesville to secure a special use permit as
require) by Article I7--1--25 (2 ) of the Albemarle County
Zoning O)r,1i nance.
Oeru nd is heiehy made upon you and each of you to
enforce the County of Albemarle Zoning Ordinance and to
y
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require the City of Charlottesville to obtain the
required special use permit. Unless the undersigned
receive assurances from you of your compliance with this
demand prior to December 27, 1972, the undersigned will
apply to the Circuit Court of Albemarle County for a writ
of mandamus .
RIVERDALE REST HOME, INC .
ROBERT C. HUBBELL •
MARTHA G. BUNCH
JOHN A. PURINTON, JR.
MARGARET W. PURINTON
PALMER WEBER
GERTRUDE WEBER
EDWARD S. EVANS, JR.
FLORENCE A. EVANS
A. B. DAVENPORT
NANCY P. DAVENPORT
JOHN T. CAMBLOS
JANE Z . CAMBLOS
d2/-t-1176z--
BY- ,.,� �,
0 Counsel
Richmond and Fisnburnc
240 Court Square
Charlottesville, Virginia 22901
I
APPEAL TO THE BOARD OF ZONING APPEALS
•
Application for Variance or
• Special Exception
.
IDSROOMEXZCOLWADRINZRIZMNPROMPREIVIUMPVTIZECAC
1RIANCE NO. VA-72-20 lux i0OCWifii
DINISMCWWWIPMSlartgoSZM
N\ Attorney for Riverdale Rest Home, Inc. , et al.
r.
I/V Joseph W. Richmond/ respectfully request , e Zoning
Administrator of Albemarle County, Virginia to _d'4.de the
�� Variance or Special Exception stated below in the Samuel Miller
Magisterial District and described as County Tax Map 73
Parcel 28 containing 303.36 acre and zoned A-1 .
fv
Applicant Signature ...,,, ,k' �Z� �:. gate December 27. 1972
• ' The petitioner requests that the Zoning Administrator grantc
4 1s
a require a special use permit prior to the City of
•q Charlottesville operating a sanitary landfill at said
location
The applicant make sthis request because:
the Albemarle County Zoning Ordinance requires a
special use permit to operate a sanitary landfill
in an A-1 agricultural district
Action Taken by the Zoning Administrator:
MI i f/ C
c` e
Approved Denied X Signed: ;'' '0,,);, _t-VY:( t
( ) ° 6
- - ------ - TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS-- - - - - - --- -
Attorney for Riverdale Rest Home, Inc. ,D t ��dember 27, 1972
I/IfEr Joseph W. Richmog'eby appeal the ruling of the Zoning
Administrator of Albemarle County on the foregoing application,
and respectfully request a reversal of his decision by granting
the request for a variance or special exception as stated above.
Applicant Signature )r.-,,,, 2C l R ' -44
Address 240 Court 'Square, Charlottesville, Virginia
Phone Number 296-7159
ACTION BY THE BOARD OF ZONING APPEALS
DATE APPROVED DENIED
RIVERDALE REST HOME, INC.
ROBERT C. HUBBELL
MARTHA G. BUNCH
JOHN A. PURINTON, JR.
MARGARET W. PURINTON
PALMER WEBER
GERTRUDE WEBER.
EDWARD S. EVANS, JR.
FLORENCE A. EVANS
A. B. DAVENPORT
NANCY P. DAVENPORT
JOHN T. CAMBLOS
JANE Z. CAMBLOS,
Appellants;.,
v. APPEAL
JOSEPH M. GOLDSMITH
Albemarle County Zoning Administrator
County Office Building
Charlottesville, Virginia
Appellee. _ .
TO THE BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY:
Come now appellants, Riverdale Rest Home, Inc. , Robert
C. Hubbell, Martha G. Bunch, John A. Purinton, Jr. and Margaret
W. Purinton, Palmer Weber and Gertrude Weber, Edward S. Evans,
Jr. and Florence A. Evans, A. B. Davenport and Nancy P. Davenport ,
and John T. Camblos and Jane Z. Camblos, and petition the Board
of Zoning Appeals of Albemarle County as follows:
1. They are residents of Albemarle County, Virginia,
being owners of property along State Route 637 in said County
in the vicinity of the hereinafter described sanitary landfill
and are aggrieved persons within the meaning of Article 12-3
of the County of Albemarle Zoning Ordinance.
2. Since on or about May 15, 1969 the County of
Albemarle has been operating a sanitary landfill under a certain
lease agreement with Continental Can Company, Inc. dated
May 15, 1969, a copy of which is hereto attached marked
Exhibit A. Said sanitary landfill is located on State Route
637 approximately three miles southwest of the intersection of
State Route 637 and Interstate Route 64.
3. The County of Albemarle is considering entering
into an agreement with the City of Charlottesville to permit
said City to use said sanitary landfill for disposal of all
of said City's solid waste. Said operations of the City of
Charlottesville are to commence at the aforesaid sanitary land-
fill soon after December 29, 1972.
4. Said sanitary landfill is located in an A-1
agricultural district of the County of Albemarle in which
sanitary fill method of garbage disposal is allowed only with
a special use permit.
5. Joseph M. Goldsmith, Albemarle County Zoning
Administrator, has ruled that a special use permit is not
required by the City of Charlottesville to use said sanitary
landfill because the use by the County of Albemarle of said
landfill is a nonconforming use permitted under Article 10-1-1
of the Albemarle County Zoning Ordinance and the use of said
landfill by the City of Charlottesville will not expand or
enlarge the existing use beyond the boundaries of the parcel
of land on which it was located on the effective date of said
Ordinance.
6. On the effective date of the Albemarle County
Zoning Ordinance the nonconforming use allowed by law was
the use of approximately twenty-five (25) acres at said
location by the County of Albemarle for the operation of a
sanitary landfill for the disposal of said County's solid
wastes. The establishment of a sanitary landfill at said
location by the City of Charlottesville will alter and change
said nonconforming use as follows:
(a) A new and different political subdivision
will operate a sanitary landfill at said location.
(b) Two political subdivisions will engage in
sanitary landfill activities at said location.
(c) Space requirements will far exceed the
said twenty-five acres.
(d) Traffic on approach roads to said location
will increase substantially.
(e) Personnel and equipment requirements will
increase.
7. Appellants submit that the ruling of the
Zoning Administrator violates Article 10 of the Albemarle County
Zoning Ordinance and is clearly contrary to the purpose and
spirit of said Ordinance. The Preamble to said Ordinance pro-
vides in part,
This ordinance has been designed (a) to
provide for adequate light, air, conveni-
ence of access, and safety from fire, flood
and other dangers; (b) to reduce or prevent
congestion in the public streets; . to
protect against one or more of the follow-
ing: overcrowding of land, undue density
of population in relation to the community
facilities existing or available, obstruc-
tion of light and air, danger and con-
gestion in travel and transportation or
loss of life, health, or property from
fire, flood, panic or other dangers.
A nonconforming use, by definition, is objectionable.
It is permitted to avoid hardship in immediate cessation of a
use already in existence. Elimination of such use is the goal
-3-
of zoning unless an exception is made in the form of a special
use permit to continue the use.
It is clear that the operation of a sanitary landfill
by the City of Charlottesville is a use of the aforesaid
property completely different from the use existing. whe n the
Zoning Ordinance became effective and cannot be deemed a
natural and normal growth, expansion, or enlargement of the
County's activity at said location.
A real question exists whether the City of Charlottes-
ville should be permitted to operate the desired landfill.
That question is not presently before the Board of Zoning
Appeals. However, the ruling of the Zoning Administrator
permits the City to operate the landfill without applying for
a special use permit because, the Administrator has ruled, the
City' s use of the property will not change the use which existed
on the date of the Ordinance. Appellants submit that a
decision to affirm the Administrator' s ruling by this Board
would disregard the true facts of the situation and would
violate both the let•Ler and the spirit of Albemarle County
Zoning Ordinance.
WHEREFORE the appellants pray that the Board of
Zoning Appeals reverse the ruling of the Zoning Administrator;
that this Board require that the City of Charlottesville apply
for a special use permit prior to commencing operation at said
sanitary landfill; and that the ruling of the Zoning Administra-
tor be stayed pending a decision of this Board.
1 ./
By :-'FC G ( d Cc
v OT Counsel
Richmond and Fishburne
240 Court Square
Charlottesville, Virginia 22901
Counsel for Appellants
CORRESPONDENCE
. 1 OF ALeyti
‘PIAwAN
Planning Department
JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH
COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR
December 26 , 1972
Mr. Joseph W. Richmond, Jr. , Esquire
Richmond and Fishburne
240 Court Square
Charlottesville, Virginia
Re: IVY LANDFILL - Application for
Writ of Mandamus
My dear Mr. Richmond :
I have in my possession a notice signed by certain property
owners in the Ivy area, stating they intend to apply to the
Circuit Court of Albemarle County for a writ of mandamus .
Mentioned in this notice are Messrs . Charles R. Haugh, Gordon
L. Wheeler, Herbert A. Pickford, Thomas M. Batchelor, Jr. ,
and myself . This notice asks that those named County Officials
require the City of Charlottesville to obtain a Special Permit
for use of the landfill operated by the County of Albemarle
and located on Route 637 near Ivy.
Reference is made to Section 11-13-4 of the Albemarle County
Zoning Ordinance which pertains to Special Permit requirements ,
states : "Any use, building., or activity legally in existence
on the effective date of this ordinance, shall not require
a Special Use Permit , so long as such existing use, building
or activity is not expanded or enlarged beyond the boundaries
of the parcel or parcels of land on which it was located on
the effective date of this ordinance. This exception shall
not be applicable, however, to enlargement and/or expansion
of existing facilities of public utilities or public service
corporations . "
The Ivy Landfill is a non-conforming use. It is my opinion as
Zoning Administrator for the County of Albemarle that the
City of Charlottesville is not required to obtain a Special
Permit to use the Ivy Landfill operated by the County of
• [2]
TO: Mr. Joseph W. Richmond, Jr. , Esquire
DATE: December 26, 1972
REFERENCE : IVY LANDFILL - Application for Writ of Mandamus
Albemarle to dump its refuse, garbage, and other debris .
Please note that in reference to Section 11-13-4 , the City
of Charlottesville can use the Albemarle County landfill so
long as Albemarle County does not extend the landfill use
beyond the bounds of the parcels of property on which the
landfill is operated.
Please note that this zoning clearance is not a permit for
the City to use this landfill . An agreement between the
Board of Supervisors of Albemarle County, the County Executive,
the City of Charlottesville, the landfill operator and the
property owner must be signed. My decision may be appealed
to the Board of Zoning Appeals within 30 days from the date
of this letter. Application for this appeal may be filled
out in my office, Room 400, County Office Building. If you
have any questions regarding this , please contact me at
your earliest convenience.
I remain sin er: you s ,
Z. ng Adminis or
JMG:bfj
cc: Charles R. Haugh
Gordon L. Wheeler
Thomas M. Batchelor, Jr.
Herbert A. Pickford
John L. Humphrey
N.t1 OF ALBEM
O� .4R1
ks
t .
Planning Department
JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH
COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR
December 27, 1972
Mr. Joseph W. Richmond, Jr. , Esquire
Richmond and Fishburne
240 Court Square
Charlottesville, Virginia .
RE: IVY LANDFILL -
Application for Appeal
My dear Mr. Richmond:
I have this day received your firms application for appeal to the Board
of Zoning Appeals of Albemarle County. This appeal is in reference to
the property owners in the Ivy Area requesting that the Board review my
decision as Zoning Administrator. That decision being to allow the
City of Charlottesville to use the Ivy Landfill operated by Albemarle
County, without requiring the City to obtain a Special Use Permit.
This hearing will be heard on Tuesday Evening, January 9, 1972 at 5:30
P.M. in the Board of Supervisors Meeting Room on the third floor of the
County Office Building.
If you have any questions please contact this office at your convenience-
Sincerely,
- i f ,
Jbseph' M. Goldsmith
Zoning Administrator -
JMG
cc: Mr. Herbert Pickford
County Attorney
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