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Home My WebLink AboutVA197200009 Application 1972-07-01 Application for Vari ar7e or Special Exception p p 4 i/ TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA VARIANCE NO '/� 'e)tr The undersigned applicant is(are) the owner of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION. GIVE LOCATN BY, REfERENCE TO NEAREST ROAD INTERSECTION. DIMENSIONS 0 • SITE MUST BE GIVEN. I/W ejjktiA_LA//I respectfully request the Zoning Administrator QUAAlbemarle County, Virginia to gran e Variance or Special Exception stated below in the �,‘/z--1,.,. -:-,4- Magisterial District and de 1. hed as County Tax Map q1_ - , . Parcel 2- 3.-L containing , ,� acres and zoned A / . Applicant Signature .�?, ,, ' ' to 74 42 The petitioner re est that e Zoning, Administrator rant: 4 Veti.,&-x,-,c-c-c-, i,, /...c?"--V k,i. ,-)_yi, 2,, .G _fit.,i. (..4>7 s.( 1 j , •.��,r�.e.- Qr4" ` 0 z r v The icnnt make this request becaus : A M1 CM 4/71P./6' ,1/ t. (i_2- -ait-,ff:_Z I-, &fr2% 4 ,,,J ,4., ,, ‘ .,,, 4 ict,,t) -z. i,-.._ (a, di,,,,,,,i4,,,ti_i ,,,e--j...L.Llt,,, 411.1..z.-. ._ - itil N,%( ') ' ) - 1 Or)17/1 A'‘'d71—‘d . , ‘ ;: - .N1 Action Taken by the Zoning Administrator: C .) Approved Denied Signed -¢- f? 1.) -Y - - - ------ - TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS - - - - - - --— —- r, / Date I/W - hereby appeal the ruling o t e Zoning Administrator Al emarle County on the foregoing application, and respectfu ly request a reversal of his decision by granting the request for a variance or special exception as stated above. Applicant Signature .. Address k _.; / ,,, , _„„ic,/ x(:)____t______ Phone Number 9-73 - 6f Y�37 ACTION Y THE BOARD OF ZONING APPEALS 7) A DATE '5�) -7z APPROVED DENIED Y • �S ' NOT E S,- • . y • . 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VIRGINIA 22901 September 20 , 1972 Mr. 011ie Fitzgerald 330 Carrsbrook Drive Charlottesville , Virginia 22901 Dear Mr. Fitzgerald: Your SP-VA-72-09 will be heard by the Albemarle County Zoning Board on Tuesday, September 26 , 1972 at 5 : 30FM. The meeting will be held in the Board Room of the County Office Building, 3rd. Floor. Sincerely, J. M. Goldsmith, Zoning Administrator JMG Mr. Savory Amato Page 2 August 2, 1972 the sideline requirements for lots 3 and 4 as determined by him are in any way to be considered binding upon it as to lot 2. With personal regards, I am Si cerel , erbert A. Pickford HAP/pb cc : Mr. Joseph M. Goldsmith RICHMOND AND FISHBURNE ATTORNEYS AT LAW 240 COURT SQUARE CHARLOTTESVILLE. VIRGINIA 22901 \ JOSEPH W. RICHMOND N.,' 4 � TELEPHONE JUNIUS R. FISHBURNE J 1 296-7159 FORBES R. REBACK September 1, 1972 ,\ AREA CODE 703 VJOSEPH W. RICHMOND, JR. Mr. Joseph M. Goldsmith County of Albemarle Planning Department Charlottesville, Virginia Re: Side yard variance, Lot 2, Royal Acres Fitzgerald Dear Mr. Goldsmith: On or about August 25 I was informed by Mr. Fitz- gerald that he had been issued a building permit for Lots 2, 3 and 4. As you will recall the court ruled that he could have a side yard variance of fifteen feet for Lots 3 and 4 and Lot 2 was referred back to the Board of Zoning Appearls. It seemed peculiar that Mr. Fitzgerald was issued the building permit for Lot 2 so I called your office and was informed by your secretary that there would be a meeting on August 29 regarding Lot 2 but that Mr. Fitzgerald would not have to be present since the Board would automatically approve a side yard variance of fifteen feet for Lot 2. Mr. Fitzgerald has now been notified that action on Lot 2 was deferred on August 29 because of his absence. I am not at all pleased by receiving a message from your secretary regarding this matter and then receiving your letter of August 29 to Mr. Fitzgerald. Please call me immediately to explain this situation. It may be that your secretary did not understand your instructions but she made your instructions perfectly clear to me on the telephone. Very truly your , �� 1)oseph W. Richmond R/g "EiIke Nero AGENDA ALBEMARLE COUNTY BOARD OF ZONING APPEALS July 25, 1972 1 . Call to order 2. Establishment of quorum. 3. Approval of Minutes : May 9, 1972 4. Public Hear ings: A. VA-72-09. 011ie Fitzgerald. Applicant requests a variance of 15 feet from the side yard requirement of 25 feet in an A-1 Agriculture Zone for three (3) lots in the Royal Acres Sub- division. Property is described as County Tax Map 79A(1 ) , Lots 2,3,4, and is located on Route 250 East in Keswick, Virginia. B. VA-72-10. Virginia Electric & Power Company. Applicant requests a review of the decision of the Zoning Administrator as he ruled on a request by VEPCO to rebuild and upgrade a 115KV Transmission line to a 230DV facility. This decision based on a ruling by the County Attorney, requires VEPCO to apply for a Conditional Use Permit. This transmission facility is located between Dooms, Vir- ginia in Augusta County and the western City Limits of Charlottes- ville, Virginia and runs on an east/west line between these two points. 5. Old Business n. New Business 7. Adjournment VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY OLLIE L. FITZGERALD, JR. FLORENCE L. FITZGERALD V. WRIT OF CERTIORARI BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY Herbert A. Pickford, County Attorney 230 Court Square Charlottesville, Virginia This cause came on this day to be heard upon the petition of 011ie L. Fitzgerald, Jr. and Florence L. Fitzgerald for a writ of certiorari to review the decision of the Board of Zoning Appeals of Albemarle County in Variance No. VA-72-09 which was denied on July 25, 1972, and was argued by counsel. And it appearing to the court from the petition that the writ should be granted. It is accordingly ordered that Joseph M. Goldsmith, Secretary of the Board of Zoning Appeals of Albemarle County do appear before this court at �=.? , M. on the P day of /0117e4k,,.!St- , 1972 and have with him the record of the proceed- ings before the Board of Zoning Appeals on July 25, 1972, and the Clerk is directed to cause a copy of this writ to be served upon said Joseph M. Goldsmith, Secretary of the Board of Zoning Appeals of Albemarle County. Enter: dc,....:47_441( - ../A17---- f / eZ ? 7 Y : : te / 767( a cO'y TESTZ 411 VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY OLLIE L. FITZGERALD, JR. FLORENCE L. FITZGERALD v. DECREE BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY c/o Herbert A. Pickford, County Attorney .. 230 Court Square Charlottesville, Virginia • This cause came on to be heard this lst day of August 1972 upon the petition for writ of certiorari and the exhibits filed therewith, upon ,the writ of certiorari granted July 28, 1972, upon the evidence heard ore tenus, and was argued by counsel. • And it appearing unto the Court that the action of the f • Board of Zoning Appeals taken on July 25, 1972 in effect imposing a twenty-five (25) foot side yard requirement on nonconforming residential lots having a width of seventy (70) feet was unreasonable, arbitrary and capricious, particularly with respect to Lots 3 and 4 described in the petition which are under contract of sale to third parties. And it further appearing unto the Court that the Board of Zoning Appeals in this instance failed to apply the procedures applicable to nonconforming lots as set forth in Section 10-6 and 10-6-1 of the Zoning Ordinance of Albemarle and misconstrued the petitioners' application as an application for a variance, w hich it is not; It is accordingly ADJUDGED, ORDERED and DECREED that the decision of the Board of Zoning Appeals rendered on July 25, 1972 in VA-72-09 be and the same hereby is modified as follows: r • 5 1. A ten (10) foot side yard requirement is hereby imposed on Lots 3 and 4 2 . The Zoning Administrator of Albemarle County is y" hereby directed to issue a Building Permit to the Petitioners for the construction of single family residences on Lots 3 and 4 • as requested by the Petitioners. 3. The application of the Petitioners to the Board of „. Zoning Appeals to determine the side yard requirements which should be imposed on Lot 2 is hereby remanded to the Board of Zoning Appeals for reconsideration under the applicable sections of the Zoning Ordinance of Albemarle County and in light of the • view expressed in this order. 4. No additional costs shall be required of the Petitioners by the Bo..rd of Zoning Appeals. 5. This matter shall be retained on the active docket of. this Court pending a final determination by the Board of Zoning Appeals. ENTER: Jud-e We ask for this: Richmond and Fishburne • By Attorneys for the Petitioners • Seen: // 72,6 t.,, - - Attorney for the Board of Zoning Appeals of Albemarle County 4