HomeMy WebLinkAboutVA197100010 Application 1971-06-30 (2) SHACKELFORD $C ROBERTSON
ATTORNEYS AND COUNSELLORS AT LAW
THE NATIONAL BANE OF ORANGE BUILDING
POST OFFICE Box 871
V.R.SRACKELFORD (19191949) ORANGE,VIRGINIA 22900 ,^a TELEPHONE
V.R.SHACKELFORD,JR. 7 ) 672-2711
A.STUART ROBERTSON,JR. A.STUART ROBERTSON
LLOYD C.SULLENBEROER COUNSEL
June 30, 1971
Mr. Joseph M. Goldsmith
Zoning Administrator
County of Albemarle
County Office Building
Charlottesville, Virginia 22901
re: Appeal of Greenbriar Limited
Partnership - VA-71-10
Dear Mr. Goldsmith:
Thank you for your letter of June 29th.
You enclosed with your letter an "Application
for Variance" form which is suggested be completed and
filed with your office by the end of this week. I wish
to point out that Greenbriar Limited Partnership is not
seeking any variance from the existing zoning ordinance
of Albemarle County. Its position is that the setback
of 45 feet from the existing right of way complies with
Section 6-3 of the ordinance which provides for a maximum
setback of 30 feet from the street right of way unless
more is desired by the builder or developer.
I tried to reach you today by telephone and in
your absence talked with Mr. Humphrey relative to this.
It is my understanding that Mr. Hymphrey agrees with my
position in this connection.
I had thought that since no variance was being
applied for that it would not be necessary to give any
notice to adjacent property owners, as their rights will
not be affected if the Board of Zoning Appeals holds that
the site plans submitted by Greenbriar Limited Partnership
conforms with the existing zoning ordinance. Mr. Humphrey
advised me that the notice is required for the public hearing
and we are accordingly arranging to send out the notice
Mr. Joseph M. Goldsmith
page 2
June 30, 1971
to property owners which abutt, adjoin or are adjacent
to the tract of land which is in question in the manner
suggested in your letter of June 29th. A copy of the
form of notice being sent to these parties is enclosed
herewith and Mr. Rotgin will advise you of the names of
the parties to whom the notice is being sent. By giving
this notice, we do not waive our position that it is only
where a variance is involved that adjoining property
owners have a right to be heard.
Very truly yours
SHACKELFORD & ROBERTSON
BY: /1(41/504''
VRSJr:ej
Encl.
cc : Mr. Charles M. Rotgin, Jr.
1 Boars Head Place
Charlottesville, Virginia 22903