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Home My WebLink AboutVA197100010 Public Notification 1971-06-29 . / OF AL9 ' G0 .. ,, 4•1 Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING JOSEPH M. GOLDSMITH COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 ZONING ADMINISTRATOR June 29, 1971 Mr. V. R. Shackelford, Jr. Attorney at Law The National Bank of Orange Building P. O. Box 871 Orange, Virginia, 22960 • Re: Appeal of Greenbrier Limited Partnership - VA-71-10 Dear Mr. Shackelford: As requested in your letter of June 28, 1971 , we are proceeding with filing of your petition on behalf of Greenbrier Limited Partnership. This petition to request the Board of Zoning Appeals of Albemarle County to overturn a recent decision by the Planning Commission of Albemarle County is related to a 60-foot setback rather than the 45-foot setback requested by Greenbrier Limited Partnership. This public hearing will be heard in the Board of Supervisors Meeting Room on the third floor of the County Office Building, on Tuesday, July 13, 1971 , at 5:30 P.M. All property owners which abut, adjoin or are adjacent to the 10.33 acre tract which is in question, must be notified by certified or registered mail of your intent to appear before the Board of Zoning Appeals. This must be accomplished at least 10 days before the public hearing. Receipts must be in this office 5 days prior to this hearing as evidence of Notification. Attached is a two-part application which must be completed in triplicate and returned to this office this week. If other information is needed, please contact this office at your convenience. - - Sincerely, -.� %4-i,1-011/11 (/(t) J eph M. Golds th Zoning Administrator JMG:em cc: John L. Humphrey, County Planner Enclosure la Al l" PETITION OF GREENBRIER LIMITED PARTNERSHIP TO: The Board of Zoning Appeals of Albemarle County, Virginia The undersigned, Greenbrier Limited Partnership, by counsel, respectfully petitions the Board of Zoning Appeals of Albemarle County, Virginia to reverse and set aside the action taken by the Planning Commission of Albemarle County, Virginia at its meeting held June 21, 1971 in requiring a sixty (60) foot setback rather than a forty-five (45) foot setback for all structures from the right of way of State Route 743 (Hydraulic Road) as a condition to the approval of petitioner' s site plan for the development of 140 apartment units on land situated at the intersection of State Route 743 and Georgetown Road, known as the "Peyton Property, " and in support of its petition repre- sents as follows : 1. (a) Section 6-3 of the County of Albemarle Zoning Ordinance is as follows: "SETBACK REGULATIONS All structures, except signs advertising sale or rent of the property shall be located thirty (30) feet or more from any street right of way. (b) Section 11-6 of the County of Albemarle Zoning Ordinance is as follows : WIDENING OF HIGHWAYS AND STREETS Whenever there shall be plans in existence, approved by either the State Department of Highways or by the governing body for widening of any street or highway, the Commission may recommend additional front yard setbacks for New any new construction or for any structures altered or remodeled adjacent to the future planned right of way, in order to preserve and protect the right of way for such pro- posed street or highway widening" (emphasis supplied) (c) Although traffic studies have been conducted and requests made to the State Department of Highways for widening and improvement of State Route 647 (Hydraulic Road) there are no plans in existence approved by either the State Department of Highways or by Albemarle County for widening the same in the area proposed to be developed by petitioner. (d) The nature of the terrain and of the curves which should be eliminated in any improvement of this section of Hydraulic Road are such that most of the land required for that purpose would inevitably come off of properties on the opposite side of the road from the proposed development, or if there should be objection to that, it is quite feasible for the road to be re-located to run to the northwest of and in the rear of existing residences which would otherwise have property taken off their front. Even if an equal amount of right of way were required from each side, assuming improvements consisting of four 12 foot lanes, a 16 foot median strip, 5 feet of curbing and 10 feet of sidewalks, the building line of the proposed development would still be 25 feet off of the right of way with another 72 feet of sidewalk and curbing between the property line and the paved surface of the road. (e) In any event a limitation of the setback require- ment to forty five (45) feet from the edge of the existing right of way is fifteen (15) feet in excess of the thirty (30) foot set back required by the zoning ordinance, and is substantially more than existing set back requirements for many other structures located on Hydraulic Road, between State Highway 29 and the Georgetown Road. (f) The Planning Commission of Albemarle County exceeded the authority delegated to it under the County of Albemarle Zoning Ordinance in requiring more than the set back of forty-five (45) feet provided for in the site plan proposed by the petitioner. As set out above, Section 6-3 of the ordinance specifies a set back in a R-3 District of "thirty feet or more. " This means that any structure must be thirty feet from the right of way line. It may be more than thirty feet from the right of way line if the builder wants it, but in the absence of an amend- ment to the ordinance, the maximum which can be required is thirty (30) feet. If the Planning Commission is of the opinion that this is not enough of a set back requirement, there are means by which the ordinance may be amended (see Article 14 of the Ordinance) , but in the absence of a duly adopted amendment the Planning Commission is bound by the ordinance and a mere policy adopted by the Planning Commission purporting to require an additional set back along Hydraulic Road is not sufficient. Were it other- wise, no one acquiring any property in this area could do so with any certainty as to what might be required not only as to set back regulations, but as to area regulations, frontage regula- tions, yard regulations or anything else . 2. A check in the amount of Twenty ($20.00) Dollars pay- able to the Director of Finance, Albemarle County is enclosed herewith, and a copy of this petition has been this day mailed to the Secretary of the Albemarle County Planning Commission as required by Sections 12-4-1 and 12-4-2 of the ordinance. 3 . Petitioner is advised that upon filing of this petition by the 29th day of June 1971, and upon publication of notice of this appeal in the manner required by Section 12-5 of the ordinance that this petition may be heard and acted upon by the Board of Zoning Appeals at its meeting to be held on July 13, 1971. Accordingly, this petition is filed herewith on the 29th day of June 1971, and petitioner prays that publication of notice of a public hearing of this appeal to be held on July 13, 1971, be given in the manner required by Section 12-5 of the ordinance, and that this appeal be heard and acted upon at that time. Respectfully submitted this 28th daycf June, 1971. GREENBRIER LIMITED PARTNERSHIP BY /Y1(36-41-Vr" V. R. Shackelfor. , J , of counsel SHACKELFORD & ROBERTSON P. 0. Box 871 Orange, Virginia Counsel for Petitioner ��uw�wnu.wwww.nmwuunl/w.wxw.ww.ww..wwwn ,Jt '1 t �,...„sti.. �, 19 11 ' 0, eceive of A-. , r' { k. f L:t_� o�n �� X( �C O larS . \''kn....3 N(C\--- --\\ — \C) '. •Xee.ca.._1'‘s,_.,c- VNA. 9st6'''1"-\1\ 9..g.. i‘ -,Amount 'gad $ .1-{1:1 alancc gue $ 7-67 Paper Patented By N C R Co. �__-- ------National 46-878 Made in U. S A ....ww.wnnx.tm.xwxwx..nxw..w,xmxwn.roxwww.o.wowwwwow.x,w,wwnn.w.xww.xw.�.wwww.w.�..�.�.��w.ww.ww,�.ww.ww,wwo.nwuxwwmw,www.n.w.o,owxoww..wwn....nwnuwwwuxww.wwx.x.w.w.wwxxnxv..nw.wwwmm�wnmx.wu.w.wn.n,w�.�� 1 )( SHACKELFORD & ROBERTSON y; Mu ATTORNEYS AND COIINSELLORS AT LAW j 1 THE NATIONAL BARR OF ORANGE BUILDING - Il✓5 c t POST OBEIDE Box 871 'y j V R SHACKELFORD (t919-1949) ORANGB,VIRGINIA 22060 11 TELEPHONE V R.SHACKELFORD,JR. (703) 672-2711 A STUART ROBERTSON,JR. A.STUART ROBERTSON LLOYD C.SULLENBEROER June 28, 1971 COUNSEL Board of Zoning Appeals of Albemarle County, Virginia c/o Mr. Joseph M. Goldsmith, Zoning Administrator County Office Building Charlottesville, Virginia 22901 RE: Appeal of Greenbrier Limited Partnership Gentlemen: We file herewith petition for appeal of Green- brier Limited Partnership from the decision of the Planning Commission of Albemarle County, Virginia taken at its meeting held on June 21, 1971, as more particularly set forth in the petition. It is our understanding that publication of notice of a hearing as required by the Zoning Ordinance of Albemarle County can be completed in order for this matter to be heard by the Board of Zoning Appeals at its next regular meeting to be held on July 13, 1971. We also enclose herewith our check in the amount of $20.00 payable to Director of Finance, Albemarle County as required by the ordinance. It will be appreciated if you will advise us if the matter can be heard on July 13, and if so, the time and place of the hearing. Very truly yours, SHACKELFORD & ROBERTSON ,,ff� y//i4)/nl? BY / Q� Z- VRSJr:br encls . cc: Mr. Charles M. Rotgin, Jr. Mr. Junius R. Fishburne