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HomeMy WebLinkAboutVA197200010 Application 1972-06-28 Application for Variance or Special Exception TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA VARIANCE NO. The undersigned applicant is(are) the owner of the Not Applicable 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. Power Company )i/We Virginia Electric & respectfully request the Zoning Administrator of Albemarle County, Virginia to grant the Variance or Special Exception stated below in the Magisterial District and described as County Tax Map Parcel containing acres and zoned Applicant Signature Date • The petitioner request that the Zoning Administrator grant: The applicant make this request because: Action Taken by the Zoning A in'strato f Approved Denied (o. g 7�J Signed — — — —————— — TO: THE ALBEMARLE COUNTY BOARD OF ZONI G PEALS—— — — — —— ——— —— & Power Company Date June 28, 1972 )/We Virginia Electrichereby 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 V GIN A ELE c ►- . ' . ' COMPA$3 ByJ � •-- �Address Lk--- William A. PCills, JL . Phone Number Court Square Building, Ch'ville, Va. , 296-5121 ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED N11 OF ALBEM,q 44. • 'Y A�� ?try Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR June 8, 1972 • Herbert Pickford County Attorney 230 Court Square Charlottesville, VA Dear Herbert, As of the above date we have received a request from Virginia Electric $ Power Company to issue a building permit to rebuild an electrical transmission line on an existing right-of-way. (See letter dated May 25, 1972, addressed to the Zoning Administrator, attached hereto) As you are aware, it was our opinion that VEPCO should not have to apply for a Conditional Use Permit for the reconstruc- tion. However, based on your esteemed decision, we have requested VEPCO to apply. Please advise us, after having reviewed VEPCO's letter of request, as to whether your position still stands or if a permit should be issued without public hearings. Sincerel , s'LL hn L. Humphrey County Planner JIH:ip ENCLOSURE cc: Gordon Wheeler, Supervisor Joseph Goldsmith, Zoning Administrator 71 LAW OFFICES MC GUIRE, WOODS 8C BATTLE ‘91-k*-5 P. 0 Box 1191 RICHMOND,VIROINIA OFFICE COURT SQUARE BUILDING Ross BUILDING C HARLOTTESVILLE,VIRGINIA 22902 TELEPHONE 643-8341 TELEPHONE (703) 296-5121 June 29 , 1972 John L. Humphrey, County Planner Planning Department County Office Building Charlottesville , Virginia 22901 Re : Virginia Electric and Power Company Application under Section 15.1- 456, Code of Virginia Dear John: Am I correct in assuming the Application of Vepco under Section 15.1-456 as evidenced by my letter to you dated June 21st, will be considered by the Albemarle County Planning Commission at its meeting on Monday, July 10th? Very truly yours, ,f Wi l±am A. Pe kins, Jr. WAPJr/aw cc : Guy T. Tripp, III, Esquire Mr. P. G. Morrisette Mr. C. A. Smith Mr. D. N. Rice Mr. B. M. Marshall Mr. R. D. Mclvor LAW OFFICES MC GUISE, WOODS $C BATTLE P. 0. Box 1191 BICHMOND,VIRGINIA OFFICE COURT SQUARE BUILDING SORB BIIILDINO CHARLOTTESVILLE,VIRGINIA 22902 TELEPHONE 643-8341 TELEPHONE (703) 296-5121 June 28, 1972 Albemarle County Board of Zoning Appeals County Office Building Charlottesville, Virginia Gentlemen : We enclose Appeal from action of the Zoning Administrator of Albemarle County. We understand the action of the Zoning Administrator is based upon an interpretation of Section 456 (legal status of [comprehensive] plan) of Article 4, (the comprehensive plan) of Title 15.1 (Counties, Cities and Towns) of the Code of Virginia. We, on behalf of Virginia Electric & Power Company, have instituted action before the Circuit Court of Albemarle County and have requested that this matter be considered by the Planning Commision of Albemarle County. The request for consideration by the Albemarle County Planning Commision was made notwithstanding and without prejudice to the suit instituted in Albemarle County Circuit Court. We enclose copy of our letter in this regard to Planning Commission, County of Albemarle. Because time is of the essence, notwithstanding the opinion of our attorneys as set forth in the attached letter, without prejudice to the suit now instituted in Albemarle Circuit Court and without prejudice to our request to the Albemarle County Planning Commission as set forth therein, we have filed an Appeal to you requesting consideration of the matter and reversal of the Albemarle County Board of Zoning Appeals Page Two June 28, 1972 Zoning Administrator in denying the original Application of Virginia Electric and Power Company for zoning permit. Thank you for your consideration. Very truly yours, VIRGINIA ELECTRIC & POWER COMPANY .-) By William A. Perkins, Jr. Attorney WAPJr/aw P • June 21, 1972 Planning Commission County of Albemarle County Office Building Charlottesville, Virginia ATTN: John L. Humphrey, County Planner Gentlemen: We acknowledge receipt of letter of Mr. John L. Humphrey dated June 15, 1972. We understand the County of Albemarle does not deny the request for issuance of a zoning permit to Virginia Electric & Power Company on the basis of any provision of its zoning ordi- nance but withholds issuance of such a permit under Section 456 (Legal Status of [Comprehensive] Plan) of Article 4 (The 'Comprehensive Plan) of Title 15.1 (Counties, Cities and Towns) of the Code of Virginia. The approximate location, character and extent of trans- mission lines in Albemarle County are not shown as a feature on the comprehensive plan of the County. When a comprehensive plan is adopted, the statute above referred to provides : "Thereafter no -- public utility --- shall be constructed, established or authorized unless and until the general location or approximate location, character and extent thereof has been submitted to and approved by the local commission as being substantially in accord with the adopted comprehensive plan or part thereof. " VEPCO requested a zoning permit from the County of Albemarle to enlarge a transmission line. The company was not asking for the 'Construction, establishment or authorization" of a public utility but rather was merely asking for a zoning permit to allow necessary enlargement of an existing transmission line. In this regard the statute provides that: "reconstruction, improvement -- or similar work and normal service extension of public utilities shall not require approval unless involving a change in location or extent of asstreet or public area. " FA/f/f,6; Imo" Planning Commission June 21, 1972 Page. 2 VEPCO's contemplated enlargement of its transmission line is "reconstruction and improvement" of an existing facility not "involving the change of location or extent (extension) of a street or public area. " Because VEPCO has been advised by its attorneys that the statute cited by the County is not applicable to the situation at hand, we have instructed our attorneys to proceed with a suit in the Albemarle Circuit Court to so construe the statute. Because time is of the essence, not withstanding the opinion of our attorneys and without prejudice to the suit to be instituted in Albemarle Circuit Court, we are requesting Albemarle County to consider administratively the contemplated enlargement of our transmission line as described in the appli- cation for zoning permit previously submitted under date of May 25, 1972, and respectfully request approval of same. Thanking you for your consideration, we remain Very truly yours, VIRGINIA ELECTRIC « POWER COMPANY By P. G. Morrisette cc: Mr. Herbert A. Pickford Mr. C. A. Smith Mr. D. N. Rice Mr. B. M. Marshall Mr. R. D. Mclvor Mr. Guy T. Tripp, III '-K - K' =a0M Ci ‘) sF xic Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR June 27 , 1972 • Mr. P . G. Morrisette VIRGINIA ELECTRIC & POWER COMPANY P 0 Box 431 Charlottesville , Virginia Dear Mr. Morrisette : This letter will re-emphasize this off;ices position ' on your request for a Building and Zoning Permit to . improve your transmission facilities from a location crossing the Blue Ridge Mountains to the Western limits of the City of Charlottesville . We must, in accord . with the letter dated June 12 , 1972 from Mr. Herbert Pickford , County Attorney , deny this request . An application for a Conditional Use Permit must be filed in this office and approved by the Planning Commission and the Board of Supervisors prior to any work being done on this facility. Your cooperation in this matter is appreciated. Si cerely , / �?4.e._,L-7-)--tc-cl seph M. Goldsmith , oning Administrator JMG/dk cc : Mr. William A. Perkins , Jr. Councel for the Plaintiff NIY OF ALEtzA„ GGJ Aft � • :x • Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR June 30, 1972 William A. Perkins, Jr. McGuire, Woods & Battle P.O. Box 1191 Charlottesville, VA 22902 Dear Mr. Perkins: We have received your application for an appeal of the decision of the Zoning Administrator to deny the request of Virginia Electric and Power Company for a building permit to enlarge and expand the existing 115KV Charlottesville-Dooms Electric Transmission Line to a 230 KV facility. This has been scheduled before the Albemarle County Planning Commission at 7:30 p.m. on July 17, 1972. This application will be heard by the Albemarle County Board of Zoning Appeals on July 25, 1972 at 5:30 p.m. As of the present, no date has been established for hearing before the Albemarle County Board of Supervisors. Sincerely, I- iv t (ti) ohn L. Humphrey County Planner LAW OFFICES Mc GuiaE, WOODS & BATTLE P. 0. Box 1191 RICHMOND.VIRGINIA OFFICE COURT SQUARE BUILDING Ross BUILDING CHARLOTTESVILLE.VIEGINIA 22902 TELEPHONE 643-8341 TELEPHONE (703) 296-5121 July 10, 1972 I Albemarle County Planning Commission County Office Building Charlottesville, Virginia Gentlemen: The Director of Transmission Engineeering, Virginia Electric and Power Company has called to my attention an inadvertent error contained within Exhibit A filed with the Commission. On lines 7 and 8 the words, "Charlottesville City Limits" should be "Augusta County Line" . The sentence would then read; "The center of the new line will be shifted 13 ' north between Charlottesville Sub- station and Barracks Road Substation and 25 ' north between Barracks Road Substation and the Augusta County Line. " Very truly -- atr 1n1i1 am <A. Per i s, J WAPJr/al cc: Herbert A. Pickford, Esquire Guy T. Tripp, III, Esquire P. G. Morrisette C. A. Smith D. N. Rice B. M. Marshall R. D. Mclvor VapCOVIRGINIA ELECTRIC AND POWER COMPANY Charlottesville, Virginia 22902 May 25, 1972 Mr. Joseph M. Goldsmith 4,\,‘ Zoning Administrator County of Albemarle County Office Building Charlottesville, Virginia 22901 Re: Zoning Permit Application by Virginia Electric and Power Company for Rebuilding Electric Transmission Line. Dear Mr. Goldsmith: Virginia Electric and Power Company, pursuant to Section 11-1-1 of the Albemarle County Zoning Ordinance, respectfully applies for a Zoning Permit to enlarge and expand the existing 115 KV Charlottesville to Dooms electric transmission line to a 230 KV facility. The present 115 KV line lies within a 100 foot right-of-way acquired before that line was constructed. The right-of-way has been used by Virginia Electric and Power Company and its predecessor for transmission of electricity. The existing 115 KV line was erected and placed into service in 1927. The Albemarle County Zoning Ordinance was adopted in 1969. Under the terms of that ordinance, it was not necessary for Virginia Electric and Power Company to obtain a Conditional Use Permit for the already existing and legal 115 KV line. Because it is contemplated that the existing, use (transmission of electricity) shall not be expanded or enlarged beyond the boundaries of the rights-of way over the parcels of land on which the facility is now located, Vepco does not consider a Conditional Use Permit a prerequisite for issuance of a zoning permit. In this regard we call your particular attention to the provisions of Section 11-3-4 of the Albemarle County Zoning Ordinance: "Any use, building, or activity legally in existence on the effective date of this ordinance or for which a building permit was issued prior to the effective date of this ord- inance, shall not require a Conditional 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." Mr. Joseph M. Goldsmith May 25, 1972 Page 2 You will find attached to this letter your standard form "ZONING AND BUILDING PERMIT - Application for Permit to Build, Alter, Add to or Repair" to which we have attached a narrative statement and other exhibits. If you have additional questions relative to this application, please do not hesitate to call upon me. Very truly yours, / ) P. G. Morrisette Manager PGM/rd att. P.S. Since our proposal to enlarge and expand these facilities may be of interest to all members of the Board of Supervisors, I am taking the liberty of forwarding copies of this letter and the enclosure to each Board member and Mr. T. M. Batchelor, Jr. P. G. M. `. EXHIBIT A Enlargement and Expansion of Existing Charlottesville to Dooms Transmission Line in Albemarle County from 115 KV to 230 KV. The length of the Charlottesville to Dooms line is 22.4 miles. There are 2.7 miles in the City of Charlottesville, 15.4 miles in Al- bemarle County and 4 .3 miles in Augusta County. The existing line is -rated at 115 KV (115, 000 volts) and is constructed on lattice steel towers erected in 1927. The right-of-way is 100 feet in width, and the new 230 KV lines and supporting towers will be within that right- of-way. The accompanying map (Exhibit B) shows the route of this existing right-of-way. In the existing 100 foot corridor the center line of the 115 KV transmission towers is 25 feet from the southern edge of the right-of- way and the center line of a distribution pole line is 25 feet from the northern edge of the right-of-way, leaving a 50-foot separation between center lines. The center line of the new line will be shifted 13 feet north between Charlottesville Substation and Barracks Road Substation and 25 feet north between Barracks Road Substation and the Charlottesville city limits. This will put the center of the proposed 230 KV line 38 feet from the southern edge and 62 feet from the northern edge of the right-of-way in the Charlottesville Substation--Barracks Road Substation section. From the Barracks Road Substation to the Augusta County boundary, the center line of the 230 KV line will be on the center line ,of the existing right-of-way. We propose to enlarge and expand the 115 KV line to 230 KV using primarily lattice steel towers averaging approximately 115 feet in height -2- with crossarm width of 46 feet from tip to tip. The existing 115 KV towers are 80 feet high with crossarm width from tip to tip of 26 feet 3 inches. The new towers will be made of steel alloy material that oxidizes to a russet brown color to blend with the landscape, and these will be used on the section between Barracks Road Substation and the Augusta County boundary. In the urbanized area between Barracks Road Substation and the Charlottesville city limits ornamental steel poles will be used. These poles will average approximately 120 feet in height with crossarm width of 35 feet from tip to tip. The 230 KV poles and towers will be installed at new locations so that these foundations can be installed before the existing line and towers are removed, but no additional right-of-way will be required because the 230 KV conductor positions will be totally within the existing 100 foot right-of-way. VeCO VIRGINIA ELECTRIC AND POWER COMPANY Charlottesville, Virginia May 8, 1972 Mr. John L. Humphrey, County Planner County of Albemarle County Office Building 1O^Z Charlottesville, Virginia 22901 a 0 RE: Pole Structures - Sherwood 230 KV Transmission Line CUP-146 Dear John: This will confirm our conversation of May 5, 1972, regarding steel poles to be used on the new Sherwood 230 KV transmission line south of the City of Charlottesville. I was indeed happy with your agreement to my suggestion for the installation of white pointed steel poles north of I-64 and the Corten pole structures south of I-64. As discussed, it seems obvious that our proposal will blend into the environment of the respective areas with a very minimum of impact. We are proceeding with these plans in hopes that everyone will be pleased with the results. Thanks so very much for your assistance in this matter. Sincerely yours, (7') P. G. Morrisette Manager PGM/rd r 11 OF ALBEM 4,,, .:4„,..... 6" Office of County Attorney HERBERT A.PICKFORD 230 COURT SQUARE 296-8191 March 24, 1972 CHARLOTTESVILLE,VIRGINIA 22901 ,y 4,74, , Mr . Joseph M. Goldsmith ,,,11 Zoning Administrator County Office Building Charlottesville, Virginia 22901 In re: Vepco transmission lines Dear Joe: To supplement my letter of March 20, 1972 to you in response to your inquiry of March 15, 1972, information subsequently received by me indicates that what Vepco contemplates is more than a mere extention of normal service and that a conditional use permit should be a prerequisite in this case. Si cerely I‘LI erbert A. Pickford HAP/pb N1/ OF AL 9 o 4 1?1?G �� i F jM _ !fitl j�. Office of County Attorney HERBERT A.PICKFORD 230 COURT SQUARE 296-8191 CHARLOTTESVILLE,VIRGINIA 22901 March 20, 1972 Mr. Joseph M. Goldsmith Zoning Administrator County Office Building Charlottesville, Virginia 22901 In re: Electric transmission lines Dear Joe: Relative to your letter of March 15, 1972, I believe that Section 15.1-456 of the Code of Virginia sustains your opinion as to whether or not Vepco would have to request a conditional use permit. You will note in the last paragraph of that section that no approval is necessary for the reconstruction or improvement of normal service extensions of public utilities unless invo ving a change in location or extent of a street or pu.- c area. Si erel, , 0°Q° 1114 f14 • 19 erbert A . Pickford $'•/-p.t..\ tt),- HAP:mp i lip March 15, 1 March 15, 1972 Mr. Herbert Pickford Albemarle County Attorney 230 Court Square Charlottesville, Virginia, 22901 Re: Zoning Ordinance as it pertains to — Electric Transmission lines Dear Herbert: I was questioned by Mr. Phil Morrisette, local manager of Virginia Electric and Power Company, today on a matter concerning the procedure they need to go through in order to rebuild a transmission line. In all zone classifications, public utilities - specifically electrical power transmission lines and towers need a Conditional Use permit to be constructed within the County of Albemarle as a new facility. However, if VEPCO is rebuilding and up-grading their transmission facilities in a certain area and the work does not involve a new right-of way, it is my opinion that a conditional use permit is not required, only a zoning permit. Do you concur with this reasoning? Sincerely, Joseph M. Goldsmith Zoning Administrator inc�a istrator JMG:em VIRGINIA: ALBEMARLE COUNTY BOARD OF ZONING APPEALS VIRGINIA ELECTRIC AND POWER COMPANY ) ) Plaintiff, ) ) v. ) APPEAL ) JOSEPH M. GOLDSMITH, Zoning Administrator ) Albemarle County ) ) Defendant. ) TO THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS: Virginia Electric and Power Company, by counsel, respectfully represents : 1. By letter dated May 25, 1972, Application was made to the Zoning Administrator of Albemarle County for zoning permit to enlarge and expand the existing 115KV Charlottesville - Dooms Electric Transmission Line to a 230 KV facility. Copy of letter of Application will be found attached hereto as Exhibit 1, [the exhibits attached thereto including standard form "zoning and building permit applica- tion" are on file with the Zoning Administrator of Albemarle County] . 2. By letter dated June 27 , 1972, copy attached hereto as Exhibit 2, Joseph M. Goldsmith, Zoning Administrator, denied the aforementioned request. 3. Virginia Electric and Power Company is aggrieved by such denial and alleges same was illegal and improper. WHEREFORE, Virginia Electric and Power Company hereby appeals the aforesaid ruling of the Zoning Administrator of Albemarle County and respectfully requests reversal of his decision, that a zoning and/or building permit be granted upon the original application and that this Board provide such other relief as may be necessary in order that Virginia Electric and Power Company may proceed with construction of the enlarged and expanded electric transmission facility as described in the aforementioned Application. VIRGINIA ELECTRIC AND POWER COMPANY By Counsel HUNTON, WILLIAMS, GAY, POWELL & GIBSON 700 E. Main St. Richmond, Virginia and McGUIRE, WOODS & BATTLE Court Square Building Charlott-sv' irg f- 22902 By J William A. Perkins, Jr. Of Counsel for Appellant -2-