HomeMy WebLinkAboutVA197500013 Application 1975-04-07 *• - Ap.pl i cat • ) n for Va ri a r •: e
or• ,
• Special on
Exce Ri p
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
.'tRIANCE NO. V A-?S- ► 3 The undersigned applicant Y are) the owners of the
. following described property:
• . A PLAT OF TIIIS PROPERTY MUST BE ATTACKED HERETO AND MADE
• A PART OF MS APPLICATION.
• : GIVE LOCATION BY REFERENCE'TO NEAREST ROAD INTERSECTION.
DIMENSIONS OP SITE MUST BE GIVEN.
• IMO W. v.,r-b.1 respectfully request the Zoning
Administrator of Albemarle County, Virginia to grant the
Variance or Special •ixception stated below in the '} ;,, A,,J� �
Magisterial District and described as County Tax Map 9a
Parcel _ ;q containing .fig_., acres and zoned A- i .
Applicant Signature Date 4/7/.75
. The petitioner_request that the Zoning Administrator grant:
• �a_vari ince permit to continue to use commercial
building for refrigeration service & repair and
one stall !-Jhich has been remodeled for rental
living quarters
The applicant_make_this request because:
. : e 'sere issued a oleminnry clea.ran.c , seotic tank permit,
building oermtt,ol�7mbinpr nermit . electr. ica1 permit,
instricted to build fire, 'all . After this Vgas all comoleteH
and upon final inspection occupancy oerrni t ..a S. denied 1
because of -oninp regulationn . 1
Action Taken by the Zoning Administrator: . r
Approved 1nied Signed ,///`� /cam., , ;
C7(cti, i`C�iwt
-- ——-------- --- TO: THE ALBE:'MT.Ti COUNTY BOARD OF ZONING AP ALS ---- -- -- -- --- .— ----.
Date 4/7/7 55 _ 1
I/t t`)At,i.� K,:=bA hereby 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.
Appii_cant Signature--7,‘t �J /� jC
Address RFD 6 •=ox 1 76 hc rlot•teovill (-,, `1a .
Phone Nmbcr 293 W 84
ACTION BY TlIli BOAJU) OIr ZONING APPEALS &a\ r {L-
DATE IV\Ak \ APPRD ED r ltvorm,n DENIED L-.-----_
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Office of County Attorney
FREDERICK W. PAYNE 416 PARK STREET GEORGE R, ST.JOHN
JAMES M. BOWLING, IV CHARLOTTESVILLE, VIRGINIA 22901 COUNTY ATTORNEY
DEPUTY COUNTY ATTORNEYS TELEPHONE 296-7138
June 29 , 1976
Mr. Hartwell P. Clarke
Zoning Administrator
414 East Market Street
Charlottesville, Virginia 22901
Re : Kirby v. Albemarle County - Final Order
(Our File #76-267)
Dear Hartwell :
Enclosed please find a copy of the Order in the above captioned
cause. You may now proceed in accordance with this Order.
If you have any questions , please let me know.
Sincerely yours ,
Frederick W. Payne
Deputy County Attorney
FWP/tlh
Enclosure
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• ./ OF AL$�
�,� A •
®� R4F
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• Office of Building Inspection
•
41t EAST HIGH STREET
CHARLOTTESVILLE. VIRGINIA 22901
HARTWELL P. CLARKE
• ZONING ADMINISTRATOR
March 27, 1975
•
Frederick Payne ; Attorney at Law
416 Park Street
. Charlottesville , Virginia 22901
•
•
Dear Fred: •
Mr. Gordon Wheeler has asked us to get a ruling from your
office on the alternatives available to the Board of Super-
• visors in the case of Mr. William H. Kirby.
We enclose copies of all information that we have .
Please roll me Mt, your convenience for •
Very truly yours ,
•
•
H.P. Clarke
HPC: drj
Encl.
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RECORD OF INSPECTION1-SEWAGE DISPOSAL SYSTEM
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Date 2 J ' •' Case No. /fir"G" /-/!.-
Owner ��ltLf/-1•-i_-' Addres �•�-_' - Phone v
J *Mailing Address.
Occupant Address Phone —
*?larking Address.
Exact Location /i 1 // � / ,L�-�
of Premises �/� >�y ") _/7 �E t.[e'. e/- ,'7 i� Z� /_�
t Sut'i nlsir s. Street r,r Nna,1 Natnr, Section or Lot No..
WATER SUPPLY INSPECTION
•Installed according to Permit Design ❑ Yes ❑ No. Distance to nearest House Sewer feet. Distance to nearest Sewage °
Disposal System -___-feet. (Use Form LHS-143 for Detailed inspection of Water Supply Reference 1laterials.) e
SEWAGE I)ISI'OSAL SYSTEM INSPECTION
(1) LOCATION (6) DISTRIBUTION BOX .
Allotted Area adequate lA Yes 0 No. Distance from • Watertight_and equal surcharge to each line by Water Test
nearest lot lines-_.//2_feet- Trees. - feet. (A Yes ❑ No. Distribution Box provided with
Water Supplies '-'' feet. Buildin s feet. - 'Number.
PP g extra outlets for future use. !
i
(2) INSTALLATION AND DESIGN i
Installed according to Permit Design Ycs ❑ No (7) SUBSURFACE ABSORPTION FIELD
Have additional I lousehold Appliances been added NOT on Permit: Total Area in bottom of ditches -?? s square feet.
❑ Garbage Disposal Number of ditches /.- Length of ditches .S e - ' c ' feett.
0 Automatic Washer -
❑ Other Grade of ditches M initnum Inches per 100 feet.
rl)escrdx,t Maximum [. inches per 100 feet. Has system been P
(3) SOIL CONDITION checked by instruments (Level) Yes-7--U No
Are there soil conditions now evident which indicate system may he un- Type aggregate used / t;r/,[L4_ i,',_
satisfactory as designed: ❑ Yes til. No. If Yes, show Depth of aggregate under Tile (.' inches
adjustments required under"Remarks"below. . Total depth of aggregate I-? inches
Depth of backfill over aggregate / f inches
(4) HOUSE SEWER LINE "", ---r-e
Installed *� Yes U No. Type of materials t f:"Ii/' (8) SURFACE DRAIN:AGE
Size ��' Inches. Storm Drains from House and Basement flowing away from Subsur-
(5) SEPTIC TANK i: / face Drainage Field: Yes ❑ No. Was Surface Drainage
Constructed of "-4 "� i':1= required ❑ Yes (i No. If Yes, has this been provided
• kind of \Iater,al. .r i- 0 Yes ❑ No. Has area been drained by lowering
Inside Dimensions Length/ feet. Width_J•_ feet. Ground Water Table: '�
feet. Depth of Air Space l ' inches. ❑ Yes ❑ No. p.> Not required.
Liquid Depth�, T r p
Inside Fittings comply with requirements J- Yes ❑ No. (9) Arc follow-up inspections necessary ❑ Yes Is No.
__ •lam!_
Septic Tank._ /
Contractor: Vie'l L. Ci:j•�7'�c-l< Z �% / / Address-�^./y - c/ ` - - // Phone
This Sewage Disposal System(Is)(Ls-Not)Approved by- -t G- c-•`- r "c ' el- 17- ,-lf -C- <f!L/ —Health Dep.*r:nrent.
i? /� _
Date.,`/!/Signed (L/"/�_./l/ �/-/' Date Approved - --
sanrtaran, (Ilea lth Director,
Date Approved / -_ Date Approved --- -- - ___________
'Advisory Sandal-tan) .Iteue•.•.m6 Authority --fithrr Age„er,
With proper maintenance. approved Sewage Disposal systems may be exIeeterVo function satisfactorily, provided no overloading or phisrcal damage
c./ .1. , ,e G'/ % ,.
occurs to the system. Remarks: e t ,---!l id_ ',•1 t�I�_'�l-r•._ ..� !-:�`'_ /.�_`�_ /�`-•t ----- - ' -
rt // ' ,•. .:..i •-/ 6 . , ./ /;•fa`r; -_r-4_/—/` "-_�•-• -
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Virginia Dcpatttnent of Health
LHS• 141 Rev. 1:;71
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• ZONINO AL t3�1itl ARL COUNTY' i� �YWi?' / , / �"6 ` r;
. ( ./,_ Permit No.
.\ I
. REAL ESTATE DIVISION DISTRICT .1
• MAP REFERENCE RTATE ESTIMATED
SUB-DIVISION ACRES CONTRACT PRICE
MAP LOT BLOCK SECTION REGISTRATLON COST
••�"', !-/- -. �/ / / �''',*,!..-e.f.,_ Address ,,1 ..,.__! L^ /4.,,::".1 /1 G ( f..:,:
Name of Owner ""
' / , / U
Location:'N E S W Side of Road No. 'about miles 'from '.J f- 4
Or: side-of Street, between_ and
Yard Requirements: Front Setback_ Side Rear
• USE CONSTRUCTION EXTERIOR WALLS INTERIOR WALLS ROOFING GENERAL FEATURES
Dwelling Wood Frame Wood Siding � Plaster ( Metal No. Stories
Apartment Steel Frame Wood Shingles Dry Wall _____, Slate No. Rooms
Store Brick Asbestos Shingles! Celetex Comp. Shingle Floors
Garage Cinder Blocs Cinder Block Pine Ceil Asbestos Shingle No Basement
Service Station Solid Masonry Brick Paneled Tar-Gravel Pt. Bsmt. !i ' %
Comp. Roll Full Basements
PLUMBING let Water Heater I HEATING SEWAGE WATER
No. Baths Gas Hot Water I— Air Cond. Public I Public
Toilet Oil Electric Fireplace Private Private
Electric. Hot Air Stove Septic Tank Well
Floor Furnace
I I
If for Alterations or Repairs, State Nature: ` '-- - ,'"-'- ._,/i.s .( /. -2e. .-? /1'z. ---7"-i",T .!.'.-+f.. -. . .." •':""'
`(�. tE s'"-i J ••t -Yen'1s`.���?�'.<:, t� (?1_.ir.'-.'_-.:.7.,_.:ram_.' M /
' OUTBUILDINGS—IMPROVEl EZITS
UBE DESCRIPTION CIES or RFY,AP.Pq VALUE
APPRAISED VALUE—ALL IMPROVEMENTS v
g .
1tECAP1TULATION
APPRAISED VALUE ASSESSED AtdOUtiT
Land $ $
Buildings
TOTAL $ $
•
Signature of Owner or Authorized Agent -.'.,_ ...-,,� 7-`4-,
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' ALBEMARLE COUNTY, VIRGINIA Lone ermit No.
Date 7,/V-69 ZONING PERMIT • Cep,
game of Owner��f,^�i �. /✓ � Addresses Q 6 ��cy(/?�, �/
r• Name of Contractor 7--
Builder Address
• If for Alte tfons or Repairs, State Nature:
. Map No, Parcel No. ce') Acres • YL Lot Size x
Subdivision Sec. 61k. —mot
^' If purchased within the past two years from Date •
Water SuDPI o —
Sewage Disposal:
• • Location: i,i t, .13
• NOTE: Permit for septic tank and approval of location of same
and of well should be obtained from the County Health Dept.
. • • A Plot Plan Construction Plans
�(}') Is attached ( ) are included
�� ) is sketched on this application ( ) 'are not included
/� •
. Estimated date of completion Hr.)(, . /i /rl(,9
• - • I hereby certify that I have the authority to make the foregoing applf-
• cation, that the information given is correct and that the construction
. will conform with the regulations in the Zoning Ordinance, and private
building restrictions, if any, wnich may be imposed upon the above
property by deed.
• Signature-p' owner or authorized a9ent tA.1 1 •
Address /=!.(o b6,<<70 T e`pnone No.
• BUILDING DESCRIPTION •
1. U s e�ic�a�cec !�9n i,µ uc1 7/07h.c. a c. cri on a-It.—.
2. No, Stcnaes
. 3: Dwelling Units ---
4. Construction A_/ Z '�,�� o�� ,
S. Building Dimensions
• ! • • IF FOR MOBILE HOME:1. Make (... • •• az� c�.
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2. Size x a.L-C•aond -... J
• 3. Year of Manufacture /
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Action: . 4 - d/ _ .
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Doing dmi!!//d�uunnn'sU � 9
V /- T
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�N-��( OF ALg �q
/.-O ynY A:��' R�
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51
. • \kC ltiV�
Office of County Attorney
' • 416 PARK STREET • GEORGE R. ST.JOHN•
CHARLOTTESVILLE, VIRGINIA 22901 286-7138
• April 1, 1975
Mr. H. P. Clarke
Zoning Administrator • •
Albemarle County Planning Department .
411 East High Street
Charlottesville, Virginia 22901
RE: Mr. William H. Kirby (Our File #A.C. 66)
Dear Hartwell:
I have reviewed the materials sent to me by you and the
Albemarle County Zoning Ordinance and I have arrived at the
following conclusions . First, the use by Mr. Kirby of the
.42 acre parcel on Route 53 for a single family rental unit '
is permitted under §2-1-26 of the Zoning . Ordinance . Second,
I am unable to find any permitted use in the A-1 one for
the repair of household appliances other than as a home
occupation under §2-1-14. • Therefore , I believe that Mr.
Kirby will not be able to use this property for refrigerator
. ' repairs except insofar as such use constitutes a home
occupation. I concur, therefore, in your opinion that,
unless`Mr. Kirby occupies the- renta_l unit himself -the. •
refrigerator repair facility would violate the Zoning_
Ordinance . I further concur in your opinion that Mr. Kirby
• cannot use the property in _question as both a rental dwelling
uriit_ and a nonconforming repair shop.
•
If you have any other questions please let me know.
Sincerely yours,
..-7‹;
., .•-, Frederick W. Payne
""'`.` ,. ..1 Deputy County Attorney
iJ/ I
FWP:kch /
.% . �• j -.:., of
• 9 q__ //od
. . . .
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. - APPLICATION FOR
PLAN EXAMINATION AND
BUILDING PERMIT
z
IMPORTANT — Applicant to complete all items in sections: I, II, Ill, IV, and IX. 0
ZONING
I. AT (LOCATION) DISTRICT -!ti/
LOCATION (NO.) (STREET)
. s°
OF BETWEEN AND
BUILDING (CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
II. TYPE AND COST OF BUILDING — All applicants complete Parts A — D --f
Po
A. TYPE OF IMPROVEMENT D. PROPOSED USE — For"Wrecking" most recent use m
IT,
11 I New building Residential Nonresidential
21 I Addition(If residential, enter number 12 ne family 18 Amusement, recreational
of new housing units added, if any,
in -art D, 13) 13 n Two or more family — Enter 19 Church, other religious
number of units— — — — -0- 20 Industrial
3 r Alteration (See 2 above) 14 n Transient hotel, motel,
4 n Repair, re locement 21 Parking garage
P P or dormitory — Enter number
5 n Wrecking (If multifamily residential, of units — .-.. 22 Service station, repair garage
enter number of units in building in 15 [ I Garage 23 Hospital, institutional
Part D, 13)
6 Li Moving (relocation) 16 I I Carport 24 r, Office, bank, professional
17 r'i Other — Specify 25 Public utility
7 rl Foundation only /�' 26 School, library, other educational
B. OWNERSHIP L%C=c� �i2i 27 Stores, mercantile
B rivate (individual, corporation, 4-1 7.„..� 7t � 4— 28 Tanks, towers
nonprofit institution, etc.) 29 Other — Specify
9 [] Public (Federal, State, or 4€6(1,
local government)
C. COST (Omit cents) httinresidential — Describe in detail proposed use of buildings, e.g., food
processing plant, machine shop, laundry building at hospital, elementary
10. Cost of improvement _} school, secondary school, college, parochial school, parking garage for,
department store, rental office building, office building of industrial plant.
To be installed but not included If use of existing building is being changed, enter proposed use.
in the above cost
a. Electrical
b. Plumbing
r.Heating, air conditioning
d.Other(elevator, etc.) )
11. TOTAL COST OF IMPROVEMENT $ / O C) cJ
'III. SELECTED CHARACTERISTICS OF BUIILDING — For new buildings and additions, complete Parts E — L;
for wrecking, complete only Part J, for all others skip to IV.
E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS I
30[_ M on asry (wall bearing) 40 O Public or private company
43. Number of stories
31 0 Wood frame 41 rivote (septic tank, etc.) 49. Total square feet of floor area,
all floors, based on exterior
32 ri S• tructural steel dimensions
33 ri R• einforced concrete H. TYPE OF WATER SUPPLY
34 0 Other — Specify 42 EI Public or private company
50. Total land oreo, sq. ft.
43 Hicicote (well, cistern) K. NUMBER OF OFF-STREET
PARKING SPACES
F. PRINCIPAL TYPE OF HEATING FUEL I. TYPE OF MECHANICAL 51. Enclosed
35 El G• as Will there be central air 52. Outdoors
36 P_• Oil conditioning?
L. RESIDENTIAL BUILDINGS ONLY
37 ri1-1Electricity 44 � Yes 45(:::] No 53. Number of bedrooms /
38 ❑ Coal
39 n O• ther— Specify Will there be on elevator? 1 Full
54. Number of
46 Cl Yes 47 n No bathrooms
Partial
•
IV. IDENTIFICATION — To be completed by all applicants
Nome Moilin address — Number, sheer, marts. and State ZIP code Tel. No.
Owner or ���.G�C /� 1"'/ Ce . A/ Jc4(Y y,
Builder's
L. / License No.
Contractor
3.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to
make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Signature or applicant Address Application date
/v '1-s, Y
DO NOT WRITE BELOW THIS LINE
V. PLAN REVIEW RECORD — For office use
Plans Review Required Check Plan Review Date Plans By Dote Plans By Notes
Fee Started Approved
BUILDING $
PLUMBING $ •
MECHANICAL $
ELECTRICAL $ •
OTHER $
VI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS
Dote Date
Permit or Approval Check Obtained Number By Permit or Approval Check Obtained Number By
BOILER PLUMBING
CURB OR SIDEWALK CUT ROOFING
ELEVATOR SEWER
ELECTRICAL SIGN OR BILLBOARD
FURNACE STREET GRADES
GRADING USE OF PUBLIC AREAS
OIL BURNER WRECKING
OTHER _ _ OTHER
VII. VALIDATION
Building
Permit number
Building
Permit issued 19
Building
Permit Fee $
Certificate of Occupancy $
Approved by:
Drain Tile $
Plan Review Fee S
TITLE
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VIII. ZONING PLAN EXAMINERS NOTES
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DISTRICT A -i /L',
,�
�i 4st� v-�z l.Le-1 L.. le i .
USE _tja > � '
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FRONT YARD • „? 0
SIDE YARD 4 , SIDE YARD a s.�
REAR YARD z S •
NOTES `J
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/).___t___p____./—__Z ///2_1:_j-/Z--/--)/:•)--iLL-4/•-•-• /9 cd-,"/";.
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IX. SITE OR PLOT PLAN — For Applicant Use
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SOCA FORM APFOP - 669 CI 969 BUILDING OFFICIALS 6 CODE ADMINISTRATORS INTERNATIONAL, INC.
COUNTY OF ALBEMARLE
I. APPLICATION for PERMIT
•
•
Li BUILDING ZONING
OFFICIAL • FADMINISTRATOR
•
I
BUILDING FIRE 5 INSPECTOR 8 MARSHAL 3 HEALTH
DEPT.
ELECTRICAL
61NSPECTOR
PLUMBING
• 7 INSPECTCR
9 BUILDING
OFFICIAL -
•
WRITE
10 PERMIT
1
f 1
I 1 OWNERSCOPY FIELD i5 COPY 19 FILE
ICOPYPT. CE 23OCLUPANCY T. OF 24HCOPYOn'S
12FILD.IKSP, . ? FIRE
FOOTINGS
16 PLUMB INS
OTINGS I9ELEC.INSP. 25MARSHAL •
ZONING ADM. HEALTH DEPT.
L326 FINAL APPROVAL 27FINAL APPROVAL
FRAMING 17 ROUGH-IN 21 ROUGH-IN
• '
•
14 FINAL 18 FINAL J22FINALJ
BUILDINGt f�[2.13 OFFICIAL �,_
•
•
• 29 FINAL INSPECTION
ir NECESSARY)
30 ISSUE CERT. OF
OCCUPANCY
OF ALE3 4,1
VAR.
c
Office of Building Inspection
• 411 EAST HIGH STREET
• CHARLOTTESVILLE. VIRGINIA 22901
• HARTWELL P. CLARKE
ZONING ADMINISTRATOR•
MEMORANDUM
TO: Board of Zoning Appeals
FROM: H. P. Clarke, Zoning Administrator and 1„1 /C .-Building Official
SUBJECT: William H. Kirby
DATE: May 12 , 1975
The subject case requires some knowledge of the paper
work procedures that were in effect at the time of the
issuance of the permit .
Two sets of pans were submitted , one set went to Mrs .
Miller, Zoning Administrator , and one set was sent to
H. P. Clarke , Building Official.
The Building Official' s set was reviewed by the various
inspectors and approved by the Building Official and
were held on his secretary ' s desk until approval was
obtained from the Health Department and the Zoning
Administrator (see exhibit #1) .
After several rental alternatives were discussed with
Mrs . Miller and abandoned, Mr. Kirby finally stated
that he would "remodel the existing building" (see ex-
_
t: hibit #2) . Mrs . Miller agreed to this and so advised
the Building Official' s secretary who issued the permit .
-. 1 The preliminary zoning clearance was issued to insure
that the Health Department did not make an unnecessary
trip . It had no bearing on the final disposition of
' the permit.
At no time did Mr. Kirby represent to this office or to
Mrs . Miller that he planned to have two separate uses on
this parcel.
HPC:bwi
SERVE: HARTWELL P. CLARKE RECEIVED 11AR Q 3 1976
ZONING ADMINISTRATOR
Albemarle County Office Bldg. II : Or1 A.rr. (
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
WILLIAM H. KIRBY, ET AL.,
}
Petitioners •
v. WRIT OF CERTIORARI
ALBEMARLE COUNTY BOARD OF
ZONING APPEALS,
Respondent
This day came William H. Kirby and Lillie B. Kirby
and moved the Court to allow a Writ of Certiorari to review
certain decisions of the Board of Zoning Appeals of Albemarle
County.
And it appearing proper so to do, a Writ of Certiorari
is hereby granted to Petitioners, and the Board of Zoning Appeals "
of Albemarle of Virginia, is hereby ORDERED and DIRECTED to
certify a copy of the record in the petition of William H. Kirby
and Lillie B. Kirby for a zoning variance of their property in
Albemarle County, Virginia, known and designated as Tax Parcel
92-69, situate on State Route 53.
And it is therefore further ADJUDGED, ORDERED and
DECREED that this Writ be returnable on thee-,-- day of
` , 19,2 , a date not less than ten (10) days from
the date of his Writ.
DATE: c�c-*���, _ /./ /92
We ask for this:
Haugh & Helvin p.q.
435 Park Stree
Charlottesville, Virginia
CERTIFICATE
This is to certify that a copy of this Writ of
Certiorari was mailed to George R. St. John, Jr. , County Attorney
• for Albemarle County, Virginia on the day of December, 1975.
hp, , c Ch ries R. rTaugh
WILLIAM U.x. 3y
RFD6BOX 176
CHAHLOT'T;,S VI LLE,
VA . 2.2901
April 7, 1975
Alb.County Board of zoning appeals
Char. lottesville , Va.
Gentlemen; •
In refrence to variance # VA-75-13
On July 25, 1974 I consulted the zoning Administrator in regards to
converting, a portion of a commercial building which I was using under
Home Occupation permit (Refrigeration Service) to a rental living quarters .
I was issued a plerninary zoning clearance and further instructions in
regards to septic tank, building Permit,plans ,etc .
The septic was completed and approved 8/27/74 . Oct .22 , I applied for
building,plumbing, & electrical permit and furnished a plat of the land
and set of plans for auproval .Oct .29,I recieved a building permit and
the plans with Hartwell P.Clarks stamp of approval (with a notation that
additional window had to be installed . )
March 11 , 1975 r r .Vaugh came for inspection,aoprove all work_ except one
vent needed extension .He then informed me that I would have to fire>rall
a portion of the space because of my shop work in the same bldg . I
complied with this and he came back 3/17/75 and approved the fi ref:all ,
then notified me that the zoning rules wouldnt allow me to use the
building for both purposes . •
Since then I have been tossed about like a frisby from one official to
another with no satisfaction .' would sure appreciate any consideration
you might give me in regards to this matter .
sine i r e f v-! ��>r / � �-�e--)
ei H .hiLby /
•
•
C .C .file
vrhk
fir+'
I.Aw oi,vici:^s
1Nz sIT AND ED I.soN
24 (.orbs S017A1fl
('HA A E TX)rTESVI LEE VII (.1NTA :22901
ELLEN VI-RC:INTA !CASH
(�
AL.VIN D.EDELSON April 28 , 197) TELEPHONE BO-1,293-3168
Mr. William H. Kirby
Kirby ' s Refrigeration Service
RFD G
Charlottesville, Virginia 22901
Dear Mr. Kirby :
Mr . Stanley Woodward was sent a notice by the Zoning
Department of your request to permit continuance of the
use of your building for refrigeration service and one stall
as a rental unit .
Mr . Woodward asked me to advise you that he has no
objection to this . I am sending a copy of this letter to
the Zoning Department .
Very truly yours ,
EVN : tgp
cc : Albemarle County Zoning Department
i
/M
2 -75
LAw
t.'•1• c ODUT ''QUAH1•:
E LIA v\'i1K;INIA NASA
•
April 28 , 1975 TrA.EPlioNA,trill
Mr. William H. Kirby
Kirby ' s Refrigeration Service
RFD G
Charlottesville, Virginia 22901
Dear Mr . Kirby :
Mr. Stanley Woodward was sent a notice by the Zoning
Department of your request to permit continuance of the
use of your building for refrigeration service and one stall
as a rental unit .
Mr. Woodward asked me to advise you that he has no
objection to this . I am sending a copy of this letter to
the Zoning Department .
Very truly yours ,
EVN: tgp
cc : Albemarle County Zoning Department
LAW OFFICES
WOOD, WOOD AND WOOD
230 COURT SQUARE
DAVID J. WOOD (I697-1966) CRARLOTTE SVILLE 2 VIRGINIA
DAVID J.WOOD,JR. 22901
JOSEPH M. WOOD, II TELEPHONE 296-6118
May 7, 1975 6414 NA*
MAY D8Rec'd
Albemarle County Zoning Office
County Office Building
Charlottesville, Virginia
Gentlemen: Re: Application of William H. Kirby
Parcel 92-69
John F. Bell, Jr. , a resident of State Route 53,
has asked me to write you concerning the above application.
Mr. Bell lives across the road from the property
of Mr. Kirby, which is the subject of the rezoning application.
Mr. Kirby has a home, a mobile home with tenants, a bungalow
with tenants, and an air-conditioning commercial business on
his property.
Mr. Bell understands Mr. Kirby's application is
to request authority to put a residential unit in the busi-
ness property, and he feels that the location of a residence
in the business property will be extremely unsightly. The
property sets back from the highway approximately 30 feet,
and any attempt to locate the residence there with bicycles,
automobiles, kids and toys is sure to hinder the appearance
of the area.
For the above reason, Mr. Bell urges you to deny
Mr. Kirby' s application.
Your v y uly, r
David J. od, Jr.
DJW, Jr/jfs
CC: Mr. John F. Bell, Jr.
108 6th Street, N. W.
Charlottesville, Virginia
VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE .
WILLIAM H. KIRBY
and
LILLIE B. KIRBY, j
Petitioners I
v. ) PETITION FOR WRIT OF CERTIORARI
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
c/o Hartwell P. Clarke, Zoning Administrator)
County Office Building Annex
411 East High Street —
Charlottesville, Virginia
Respondent
To the Honorable David F. Berry, Judge of said Court:
Come now your Petitioners, William H. Kirby and Lillie B. Kirby, by
counsel, and represent unto the Court that they are aggrieved by a decision
of the Albemarle County Board of Zoning Appeals, rendered on May 14, 1975,
for the following reasons:
(1) Your Petitioners sought to construct an apartment in a portion
of a building situated on land they own jointly, such property being known
as Tax Parcel 92-69 situated on State Route 53 in Albemarle County, Virginia.
(2) Following the procedures prescribed by County representatives,
they obtained a preliminary zoning clearance from the Zoning Administrator,
the necessary Health Department clearance, submitted plans for the improve-
ments to the Zoning'Administrator, altered those plans as required by that
department and were issued a Building Permit for the work.
(3) Thereafter, your Petitioners proceeded with the construction,
having it properly inspected by the appropriate County authorities as re-
quired, but when they sought a Certificate of Occupancy they were told by
the same County authorities that they were in violation of the zoning ordi-
nance and they would have to seek a variance which was beyond the power of
the Zoning Administrator to issue administratively.
(4) Thereafter, your Petitioners sought such a variance from the
t
1�
r
Board of Zoning Appeals and presented the foregoing facts in detail and re-
quested a variance which would permit them to use the improvements con-
structed with the full knowledge and guidance of the County authorities.
(5) The meeting of said Board of Zoning Appeals was attended by
only three members and the approval of such a variance required the approval
of a minimum of three members of said Board, but the hearing proceeded
nevertheless, and your Petitioners were denied such variance by a vote of
2 to 1.
(6) This ruling of the Board of Zoning Appeals is erroneous,
arbitrary, capricious and without basis in law and fact, and, further, the
decision of the Board works a great hardship on your Petitioners who have
expended a large sum of money to improve their property in a manner which
they were given every reason to understand complied with the ordinances of
Albemarle County until they were, without prior warning, denied a Certificate
of Occupancy.
WHEREFORE, your Petitioners, by their counsel, pray that the Court
grant a writ of certiorari to review the aforesaid decision of the Board of
Zoning Appeals in accordance with Section 12-7 of the Albemarle County Zoning
Ordinance, and afford relief to your Petitioners by directing the Board to
grant the necessary variance, and that your Petitioners may have such further
relief as may be deemed meet and proper.
WILLIAM H. KIRBY
LILLIE B. KIRBY
By Counsel
Edwa eels, r. , C. unsel
P. 0. Box/5484 �
Charlottesville, Virginia 22903
CERTIFICATE
I hereby certify that a copy of the foregoing petition was delivered
to Hartwell P. Clarke, Zoning Administrator, this llth day of Jun1975.
� '){ — �'
iee�`s`=..r.
-2-
F v v
MINUTES OF
THE ALBEMARLE COUNTY BOARD OF ZONING APPEAL
May 13 , 1975
The Albemarle County Board of Zoning Appeals held a
public hearing on May 13 , 1975 , at 5 : 35 P .M. , in the Board of
Supervisors Meeting Room, County Office Building , Court Square ,
Charlottesville , Virginia.
Members present were Messers . W. S. Roudabush, Jr . ,
Mr. S . Amato, and Mr. E. H. Bain. Members absent were Messers .
H. Brown, and W. P. Heath.
As there was a quorom present the meeting convened at
5:35 P.M. The only matter heard by the Board this evening was a
variance application submitted by Mr . William Kirby.
(1) VA-75-13 . Mr. William Kirby. Applicant
requests a variance to be allowed to continue
to use a commercial building for a refriger-
ation service and repair and to be allowed to
have one stall , which has been remodeled, to
be used as a rental living unit . Property is
located on the north side of Route 53 , approx-
imately 2 mile from Simeon; further described
as County Tax Map 92 , Parcel 69 , Rivanna District .
Mr. William Kirby was present and came before the Board to
represent his case , at this time .
Also, Mr. Fred Payne , Assistant County Attorney , was present
to assist the Board on their legal position in this matter, as well
as to provide background.
At this time Chairman Amato asked Mr. Payne his disposition
concerning this case .
Mr. Payne replied stating that Mr. H. P . Clarke , Zoning
Administrator, was much more familiar with this application and had
289
all the background material.
Mr. Clarke asked that each member read his memo dated
May 13, 1975 , and that he would answer any questions that the Board
might have after reading this memo.
The Chairman then read into the record the memorandum
(see file) .
Mr. Amato then asked Mr. Clarke to fill in other back-
ground information.
Amato: "What was the original application for?"
Clarke: "The original application is in the building permit file ; I
average about seven (7) of these a day, I don' t remember all of
them unless I go back and look. . .The building permit was for "adding
two (2) partitions and a bath to existing building as outlined. This
is what the owner proposed. This is what the secretary wrote . "
Roudabush: "What ' s the date of the application?"
Amato: "Yes , we ought to have that . "
Clarke: "10-23-74"
Amato: "10-23-74? That was the application for . . . All right sir. "
Clarke: "On the back Mr. Kirby signed that he was to be the contractor.
And then on the back of the permit which has to be held until the
Zoning Administrator signs it , is Mrs . Miller 's (former Zoning
Administrator) agreement with Mr. Kirby which was for an interior
remodeling of existing building and this is the official document .
This is what we agreed on and this is what Mrs . Miller agreed to. "
Amato: "All right sir, we 've got that ; now let' s go on from there . "
Kirby: "Could I . . . "
Amato : "Well , we are going to let , we ' re going. . . "
Kirby: "Show you something else in regards to that , before we go
290
- 2 -
any further, as to what I told Mrs . Miller I intended to do? There ' s
the paper right there. "
Amato: "Well, we might . . . It might be more clear to hold off on
that and let you state it because then probably the County Attorney
will want to ask you some questions , as we go along . Let ' s get
Mr. Clarke ' s then and I think it will be more orderly. So what
was the next step then, Mr. Clarke?"
Clarke : "Well, due to the fact that the building permit had been
reviewed only with a light . . . or rather with the idea of deter-
mining whether that set of plans in front of the inspector complied
with the Code , it was processed as it is to be built . The supposition
is that Mrs . Miller would either turn it down or approve it so it
had my signature on it , probably several days after it was put in
because if we don' t process them that fast we get snowed under . How-
ever, they are held on the secretary ' s desk for maybe a week, maybe even
two (2) weeks because they have to have two (2). things , or they did
have to have two (2) things , at that time . We had to have Mrs .
Miller' s signature and we had to have the Health Department ' s approval .
So once the yellow sheet comes in from the Health Department and
Mrs . Miller signs this permit , the secretary is free to mail out the
permit . Well, this procedure , in this case , created a problem because
the plans showed one thing and Mrs . Miller approved something else .
But it is a fault of the system, as it was at that time , that the
plans were not returned to me for revision . Mrs . Miller ' s signature
seemed to be close enough to what was on the permit , which was to
"add two (2) interior partitions to existing building and add a bath"
so the secretary didn ' t feel that it was necessary to send the plans
back . Actually , that ' s exactly what happened to Mr . Kirby . . . You did
291
add two partitions and a bath . So the building secretary would have
had no real reason to question this and actually it bacame a question
of usage more than . . . , there is no law against him doing what this
permit says at all. If he wanted to do it , from a building code
standpoint it ' s a perfectly honest and straightforward deal and there
would be no reason for the Building Official to turn it down. "
Amato : "So that the question now is not what was done in the way of
repairs or whether a permit , so forth and so on, but whether or not
the present use of the property as changed, has constituted a vio-
lation of the Zoning Ordinance? So we could avoid all the permit
business . . . wouldn' t that be true , is that relevant to consideration
on our part?"
Clarke: "I see no reason to discuss it , because there is no illegality
there. The work could be done today. "
Payne: "Judge Amato , if I could clear something up here , I think you
are asking the key questions . "
Amato : "I wanted to get to it as quick as I could without casting
aside anything which is important . "
Payne: "I think that ' s the first issue that you have to determine
here; whether Mr. Clark' s ruling that Mr. Kirby ' s proposed usage of
his property is in violation of the Ordinance. "
Amato: "Did Mr. Clarke rule on Mr . Kirby' s usage of the property or
rather the changes that he was going to make?"
Payne: "Well, let ' s get our nomenclatures straight . At that tame
Mr. Clarke only ruled on the propriety of the building plan from the
standpoint of the building code . "
Amato: "All right . "
Payne : "At a later time Mr. Clarke ruled on the . . . after he
became Zoning Administrator , ruled on the propriety of the use
292
- 3 -
under the Zoning Ordinance . "
Amato: ""Well , then let me ask . . . , Mr. Clarke , was the use of the
property by Mr. Kirby something you were not aware of?"
Clarke: "We were never made aware of the use . "
Amato : "Then how did you come to find out the use?"
Clarke: "We were asked to issue the final CO ; at that time Mrs . Miller .
was gone and then it became my responsibility to determine whether
the use was proper or not and I made the ruling that I . . . "
Amato: "And what use did you find?"
Clarke: "That it was to be used as a rental unit and was to continue
as a shop , also and then I asked Mr. Payne , before making the decision
for a ruling on this and you have a copy of this . "
Amato: "Could you . . . , could I ask you one more preliminary question?
What was this building prior to this permit being . . . "
Clarke: "Once upon a time . . . "
Amato: "Well, I mean just prior to the permit being issued. "
Clarke: "Just prior to that it was that ; best of my knowledge , it was
a garage that has been used for many things , I suppose , in its life . "
Amato: "Well , I mean was it in operation when the permit. . . "
Clarke : "I have no reason to know except the report . . . when we sent
out the Zoning Inspector. . .
Amato: "And what was it used for after the alterations had been made?"
Clarke: "There has been no CO issued on this so it ' s not being used
at the present time . It ' s waiting for. . . "
Amato: "What was it ' s proposed usage , then?"
Clarke : "Well, it was proposed then to be used for rental and a shop . "
Amato: "To rent an apartment out and operate a shop?"
Clarke : "To operate a shop as a home occupation . So this dis-
turbed me a little so I asked Mr. Payne for a ruling on it and you
have a copy of his ruling . "
Amato: "We have a copy of that ; April 1 , 1975 .
Clarke : "The decision is not made by me : it was made by Mr . Payne ,
although I had a feeling that this was right . "
Amato: "We also have a letter in the file of May 7 , 1975 , addressed
to Albemarle County Zoning Office from Mr. David J . Wood, Jr. ,
attorney, representing Mr . John F. Bell , Jr. "
Roudabush: "Mr. Chairman , what is the request , is it for a variance
or is it to overrule the decision of the Zoning Administrator?"
Amato : "Well, that was my next question. "
Roudabush : "Well , I thought that Mr. Kirby ought to state his case
first . "
Amato: "Well, let' s go then to Mr. Kirby and then Mr . Payne , we ' ll
let you . . .Mr. Kirby, you go into it now and tell us anything that you
want to tell us that you consider relevant . What is this violation,
Mr. Roudabush asked and I ' d. . . "
Kirby: "All right sir, what I have used the building for since 1969 . . . "
Amato: "No, no, what is your application to this Board?"
Kirby: "For a dual purpose use ; to continue to use it as a refriger-
ation repair service and as an apartment . "
Amato: "Let me see , is this . . . it says a variance permit to continue
to use commercial building for refrigeration service and repair and one
stall (s-t-a-1-1) which has been remodeled for rental living quarters .
That is the application? To continue to use the building for
commercial and I don' t know what one stall is . . . "
4 _ 294
Kirby: "It originally was a four stall automobile repair garage ; I
call one section of it a stall and it is partitioned off. "
Amato: "And you remodeled that . "
Kirby: "Remodeled that one. "
Amato: "So you have asked that now we grant a variance so that you
can do that?" All right sir, you can address yourself to whatever
you think. . . "
Kirby: "I think, I don ' t know how far we need to go , but I ' d like
to go all the way back to '69 . If it is not relevant you say so;
I think it is . "
Amato: "I don' t like to cut anybody off. "
Kirby: "Well, I don' t want to waste your time , but I do want to
make the point. In ' 69 when I closed out my business down at Moore ' s
Creek I was using this building over there to repair home refrigerators ,
and bring them to the store and sell them. I had no license to operate
them over there ; I was doing this more or less as a sideline . Then
when I closed the other business out I thought I needed a license to
operate and I came up and made application for a license and I was told
that I didn' t need them. However , the building had been rezoned and
I couldn' t use it . So I asked what I could use it for; I was under
the impression that when it was rezoned that it was noncompliance ; this
is what the paper read and I thought I still had a building there that
I could use if I wanted, I was refused this and I was issued a home
occupation permit . "
Amato : "What was the zoning before?"
Kirby: "It was a commercial building and it was rezoned to A-1 and
it was stated in the paper and everywhere that it would be noncompliance
295
for anybody that had a building . "
Amato: "When was it rezoned?"
Kirby: "Whenever they did it , in '67, ' 68 , "
Amato: "Oh, this was when the zoning came in. So this was a noncon-
forming use?"
Kirby: "That ' s what I thought it was , but I was told that I couldn' t
use it as a commercial building anymore and they issued me a home occu-
pation permit . So this is what I had been using ever since till July 17 ,
1974, I came to; it seems like taxes keep going up and there ' s a big
building sitting there and I 'm not using it and so I asked them if I
could use part of it as something else and right on this front sheet
there it stated that I want to convert part of commercial building. "
Amato: "It states on this memorandum dated July 25 , 1974, that this
is not a permit . "
Kirby: "Yes sir, but it does state that this is a zoning clearance,
I'm no lawyer, and I was told to take this to the health department .
I talked to Mrs . Miller and she advised that I could use this for this ,
for both. It seems like since this came up nobody can get in touch
with Mrs . Miller; I haven' t and Mr. Clarke said he hadn' t the last
time I talked with him. So we are assuming that she didn ' t know this
but I know that she did know it because we discussed it . I was in her
office for thirty (30) minutes we even went and looked up the parcels
of land and decided it was original two divided up into . 42 and . 56
acre. So after this , this was the go-ahead for me as far as I was con-
cerned . Then on October 23 , I purchased all the necessary . . . , well ,
I had the septic tank but I had to put in the drain field . August 27 ,
1974 , they were completed and inspected August 23 , 1974 I purchased all
•
296
necessary permits and furnished a rough set of plans of what I
proposed to do to the building. Mr. Clarke kept them for a week
and when I got them back with his stamp of approval there was a no-
tation that I needed to put in one window, that I didn ' t have
enough windows in the building. My permit was issued. I did the
work and on March 11, I called for an inspection. Mr. Vaughn came
out and approved the plumbing and advised me that I would have to
have a fire wall on a portion of the building since it was a
dual purpose building. "
Amato : "Who said this?"
Kirby: "Mr. Vaughn, the Building Inspector. So I went to the
expense to put a fire wall in that portion of the building and
he came back on March 17 , approved the fire wall , complimented me
on it and advised me that there was a hang-up in the Zoning Ordinanc
and he could not issue my occupancy permit . But , however, he and
Mr. Bud Evans had talked it over and they were working on it and
they didn' t think it was any problem and they could get it
straightened out . While we were standing there Mr. Bud Evans
drove up . He looked the building over and I told him what I was
using it for and what kind of equipment I had in it, and the apart-
ment and so forth and he informed me that it was not a problem, that
he would talk to his associate and get back to me the next morning
by 8: 30 . I received no reply. March 25 , I called Mr . Evans , then
he questions whether I had ever had a home occupation permit be-
cause they had no record of it in the County Office so I gave him
the number off of that and he said 'well , this will settle things
right now, we' ll get it straight real quick for you. You will
he hearing from me . ', so I didn' t . March 27 I came in and had a
297
conference with Mr. Evans and Mr. Clarke with no satisfaction
in regards to it and on Monday I went to Mr. Wheeler . Mr.
Wheeler. . . "
Amato : "Well, you can ' t tell us what he said . "
Kirby: "Oh! I 'm sorry. He advised me to put . . . "
Amato: "No you can ' t . . . , you can say what you did but not what
he advised you to do, because he ' s not here . "
Kirby: "Okay, I went back to the County and made an application
for a zoning, tried to make application for a zoning , whatever
I needed to get this variance or clearance or whatever it was
and Mr. Clarke told me that I was wasting my time ; that there was
no point in filing it . That it was a legal matter and that the
Zoning Board of Appeals had no authority over it . I went back to,
well, I won' t say where I went , I went and talked with another
fellow and he told me to go back again and I went back to Mr.
Clarke to talk with him again. Meantime there were a couple calls
made, one to Mr. Clarke and one to Mr. Payne . I assume this is
Mr. Payne right there . I was advised to go back and fill out
this permit and let it go through. I went and talked with Mr .
Roudabush and asked him what the procedure was and he said I
would have to go through this procedure . I went back to Mr. Clarke '
office and so back and forth with Mr. Clarke , and Mr. Clarke and Mr.
Payne told me it was hopeless . That there was nothing I could do
but to sue the County of Albemarle and I said that I ' ll proceed to
do that . I was called that night after I had gone to bed and asked
not to sue , that I had been given bad advice . That this was the
proper procedure and for me to follow this procedure and let you
folks have a go at it . "
Amato : "Now you say this plan which shows a living room, kitchen ,
and bath is the plan that was approved by Mr . Clarke ' s department .
And this was zoned business before the Zoning law went into effect?"
Kirby: "Yes sir. "
Amato : "Were you using it for business then?"
Kirby: "Not on a full time basis like I was at the other place
but it was part-time. I was doing the same thing that I 'm doing
now, I was working in refrigerators . This is not a garage . This
is a place where I do mostly refrigeration, I do work on it , take
them out and sell them. I guess I do five percent of my work in
the shop, but I do need it" .
Amato: "Bill, do you or Mr. Bain either one want to ask Mr. Kirby
any questions on this before we turn this over to Mr. Payne?"
Roudabush: "Yes sir. Your house that you live in is on one lot
and the shop is on the other lot?"
Kirby: "Yes sir. "
Roudabush: "I noticed the 1969 Zoning permit pertains only to the
.42 acre lot and that did not involve your house at all . "
Kirby: "No sir, that is the shop . "
Roudabush: "The 1974 remodeling permit does not specify; it just
says , gives a tax map and parcel number . I assume . . . "
Amato: Tax map 92 , parcel 69 , that pertains just to the business
building or the building on which you have the shop . "
Kirby: "The shop . . . , I don ' t understand you sir. "
Amato: "Well, what Mr . Roudabush was asking you was when you applied
for this building permit was it only on the shop lot?"
Kirby: "Yes sir , it was on the . 42 acre . "
Amato : "That ' s the shop , not the house . "
Kirby: "Yes sir. "
Roudabush: "So all the action has pertained only to the . 42 acre so
far as your zoning permit , your building permit and your variance
that you are requesting pertains to that lot . "
Amato: "Mr. Bain?"
Bain: "No questions . "
Amato : "All right , Mr. Payne. "
Payne: "Mr. Kirby, do you consider this to be two distinct parcels ,
.42 acres and .50 acres?"
Kirby: "Well, I pay taxes on them separately. "
Payne : "Do you use them and consider them to be two separate parcel
Kirby: "Well , I use it like it all belongs to be, any part of if
I want to use, if that ' s what you mean . I 'm not sure what you are
saying. "
Payne: "I.et me put it this way; if you sometime desire to sell part
of this property would you feel you had the right to sell these par-
cels individually?"
Kirby: "No. "
Payne: "You would treat them all as one parcel?"
Amato: "All right , Mr. Payne . What else can you offer us . "
Payne: "I think that clarifies something for me and that is that
Mr. Kirby does consider this to be one parcel of property although i
does have two (2) tax map numbers because of its prior history. In
light of that , Mr. Humphrey' s opinion that this was a home occupatio:
refrigeration repair service is correct . I was not entirely clear
on that because it was my understanding that Mr. Kirby considered
this to be two (2) parcels in which case this would . . . "
Amato: "Yes , but legally he could sell one parcel without selling
the other, couldn ' t he?"
Payne : "I 'm not sure that is correct at this point because
the only way this is a lawful home occupation is if according to
the ordinance . . . "
Gyt3
•
And this was zoned business before the Zoning law went
into effect?"
Kirby: "Yes sir. "
Amato : "Were you using it for business then?"
Kirby: "Not on a full time basis like I was at the other place
but it was part-time. I was doing the same thing that I 'm doing
now, I was working in refrigerators . This is not a garage . This
g
is a place where I do mostly refrigeration, I do work on it , take
them out and sell them. I guess I do five percent of my work in
the shop, but I do need it".
•
Amato : "Bill, do you or Mr. Bain either one want to ask Mr. Kirby
any questions on this before we turn this over to Mr. Payne?"
Roudabush: "Yes sir. Your house that you live in is on one lot
and the shop is on the other lot?"
Kirby: "Yes sir. "
Roudabush: "I noticed the 1969 Zoning permit pertains only to the
.42 acre lot and that did not involve your house at all . "
Kirby: "No sir, that is the shop . "
Roudabush: "The 1974 remodeling permit does not specify; it just
says , gives a tax map and parcel number. I assume . . . "
Amato : Tax map 92 , parcel 69 , that pertains just to the business
building or the building on which you have the shop . "
Kirby: "The shop I don ' t understand you sir. "
Amato: "Well, what Mr. Roudabush was asking you was when you applied
for this building permit was it only on the shop lot?"
Kirby: "Yes sir , it was on the . 42 acre . "
Amato : "That ' s the shop , not the house . "
Kirby: "Yes sir. "
Rouclnbush: "So all the action has pertained only to the . 42 acre
so
- 7 - 30
Amato: "If it is on his property. . . "
Payne : "If it is on the same premises as where he lives ;
otherwise it is only lawful as a nonconforming use . "
Amato : "I see what you are driving at ; in other words if it is
on his own property like I had in my garage on the back of my
lot , a repair shop , it is a home occupation . Mr. Kirby under-
stands that now. "
Kirby: "Oh sure. "
Payne : "That is a . . . "
Amato : "So that you have answered that you consider both parcels
as one , you would not sell one without the other . "
Kirby: "No, I would be foolish to sell the shop next door to
my home that I have so much invested in, for someone to put a junk
pile in. "
Amato: "All right , now what else Mr. Payne?"
Payne: "Then , that being the case what we have is a residential
use on this thing henceforth, I will treat these two parcels as
one; the . 42 and the . 56 being one parcel . On this parcel is
located primarily a residential use (Mr. Kirby' s house) , and this
other use, his home occupation. That is permitted under the or-
dinance. What is not permitted under the Ordinance is an
addition to this residential use on this property. The reason
being that the single family dwelling rental units are permitted
in an A-1 zone provided the density be maintained. The density
in the A-1 zone being one dwelling unit per two (2) acres . I
think that if there were sufficient acreage under these circum-
stances with the understanding that this is a home occupation ,
were there sufficient acreage he could do what he wants to do.
301
But since there is not , there is less that one acre , he cannot
do this . "
Amato: "How about a variance?"
Payne: "That is the, well , in my opinion there are two steps to be
. taken. I think that the opinion that I just stated is the one be-
cause . . . , and this is the one Mr. Clarke holds also . We have
discussed this . The first thing you need to do is to decide
whether that interpretation of the Ordinance is correct . "
Amato : "Well, assuming that it is . "
Payne : "Then you have the power to grant the variance . The
question then becomes whether Mr. Kirby has presented a case show-
ing sufficient basis on which to grant this variance . "
Amato : "Well, let me put this to you. Now this is just my personal
opinion, and I am not speaking for the Board. Let ' s assume that
Mr. Kirby was not exactly clear on the original application that
he filed as to what he is going to do but somewhare along the line
you see a . . . , while Mr. Clarke is receiving an application , not
for usage but for receiving plans , but here is an application or
an indication of what is to do; it shows a living room, kitchen ,
and bedroom, so you can' t close your eyes to usage . That ' s no
repair shop when you have a living room, bedroom and kitchen. "
Payne: "Well, I think what Mr . Clarke is saying is at the time
this application was submitted he did not have the power to . . .
did not have the knowledge to review this for the purpose of zoning ,
because at that time he was not Zoning Administrator . "
Roudabush : "Mr. Payne , could you look at this as an accessory
use, which is permitted in the Ordinance . The Ordinance says
that it is a subordinate use or structure ccustomarily incident-
al to and located upon the same lot occupied by the main use or
or building. The main use of this one piece of land is his
residence ; he feels that he has permitted use of a home occupation
and that this accessory use be similar to a guest cottage or some-
thing that . . . , we know that he does not have enough land to get
into this thing to the extent that it would be rental property
where he would have . . . and have several rental units or something.
It will probably always be limited to what he has there and maybe
if the property were combined it would always be limited to this
framework of a main residence , home occupation , and accessory. . . "
Payne: "Did you say to use the rental unit as an accessory to the
main dwelling?"
Roudabush: "Right . "
Payne : "Well, I would have some trouble making this determination,
of course that determination is in the first instance Mr . Clarke ' s
and in the second instance for you all , and I am only acting in
an advisory capacity. But I would have great trouble concurring
with that because of the fact that the Ordinance specifically pro-
vides for rental units . Thereby implying to me that they are some-
thing other than an accessory use . "
Roudabush: "Is this to be rented to someone outside of your family?'
Pause
Clarke : "Gentlemen, I don ' t mean to interrupt but Messers Wood ,
Wood' s letters facts seem to be correct - subject to Mr . Kirby' s
approval of those facts . This might clear up the situation as to
exactly what exists on the main lot . "
Amato: "He says , Mr. Kirby, that you have upon your property now
your home , a mobile home with tenants , a bungalow with tenants , and
an air-conditioning commercial business . "
• 303
Kirby: "There is nothing on this property you are speaking of
except the business building, nothing else . "
Amato: "And on the other , the mobile home , that ' s on another
lot?"
Kirby: "The mobile home is on a separate lot , it was there when
I bought it . "
Amato : "And the bungalow?"
Kirby: "The bungalow is on the portion of land that my home is on. "
Amato: "So that on . . . it is on the portion of land. . . "
Kirby: "Portion of land my home is on ; it has been there for years .
It' s in. . . , the lot runs deep ; it ' s in the back of the lot ; it ' s
a three room cottage . "
Clarke : "The cottage is on lot two?"
Kirby: "It ' s on the . 56 acre . "
Clarke : "Right , now where is the mobile home?"
Kirby: "Mobile home is on lot . . . I believe it is listed as
Lot 7 on the tax maps . "
Clarke: "And where is the right-of-way to that?"
Kirby: "The right-of-way is ; they all come to the highway; all of
it faces on Route 53 . "
Clarke: "All right . But the mobile home is here . "
Kirby: "The mobile home is . . . that lot comes out to the road too . "
Clarke : "The cottage is here and the mobile home is here . Was this
mobile home lot cut off of lot two9"
Kirby: "No sir. "
Clarke : "Was it cut off of Mrs . Sprouse ' s lot 3?"
Kirby: "No sir . "
Clarke : "Well , it ' s hard for me to . . . , I was just out this
afternoon and the mobile home is located slightly to the right
9 304
of your mobile home as you look at the middle of your home and
I would have guessed, without a survey, that it was either on
lot 2 or on the left side of lot 3 . But , you . . . , it seems to be
about the same distance from the highway as the cottage , give or
take ten feet . I 'm trying to place it on this map . "
Amato: "Let 's ask Mr. Kirby. Have these lots . . . these various
lots that you own been surveyed?"
Kirby: "Yes , sir. "
Amato : "And are you sure , from the markers , that the' mobile home
is not on the lot where your house is?"
Kirby: "I know because I bought them separately. "
Amato : "You bought the mobile home on the other lot?" The bungalow
is on your lot with your house?"
Kirby: "The bungalow was on the lot when you bought it . . . "
Amato : "The bungalow is on the lot where your house is?"
Kirby: "And the trailer was on the lot when I bought that , I just
bought that two (2) years ago. "
Amato : You bought a lot with a trailer on it?"
Kirby : "Well, it was originally a trailer but it has been cut loose
built around, and it has a patio on the front of it ; it ' s a permanen'
home . It ' s not really a. . . "
Amato : "And you bought it about two (2) years ago?"
Roudabush: "Was that the lot that Mrs . Sprouse owned on this
drawing?"
Kirby : "The one that Helen Sprouse lived in for years . "
Roudabush: "Well , that ' s the adjoining lot . "
Amato : "Yea , but not on this lot , these two lots we ' re talking
about . "
30`
Clarke : "Is there any way that you can spot the trailer on this
map, or is it on this map?"
Kirby : "All right . Here ' s my shop , here ' s my house , here ' s my
cottage , and there ' s the trailer. "
Clarke : "The trailer is on the back of lot three?"
Kirby: "It' s the only thing on lot three . There ' s nothing else on
lot three . "
Clarke : "So now you own lot three?"
Kirby : "Yes . "
Clarke: "Oh well, now we are in business . "
Amato: "Two years ago he bought that . "
Clarke : "Okay. "
Kirby: "And as far as the . . . being unsightly , there has been no
exterior change at all . "
Clarke: "So there would be two (2) people living on lot two
then, at the present time? Two families , your and one . . . "
Kirby: "No exterior change whatsoever. "
Amato: "Suppose you sold that shop property?"
Kirby: "I also have a letter, there ' s no mention of, that I have
from the largest landowner in the area adjoining me , Mr. Stanley
Woodward, recommending this . "
Amato : "Let ' s have a copy of this . Mr . Wood . . . ?"
Kirby: "Stanley Woodward . . . I did not ask for it . "
Amato : "Suppose you wanted to sell that shop lot , the lot that your
shop is on?"
Kirby : "If you can, if you can vote with restrictions that I use
this property as long as I own it , for this purpose and if I
should want to sell it , it ' s all right with me . I 'm a victim of
circumstances ; I spent right much money remodeling this thing ,
10 - 306
assuming I had done everything legal and proper when I went to
Mrs . Miller and I so stated to Mrs . Miller exactly what I intended
to do and she understood . I don ' t know where she went to. Nobody
can find her. I wish she was here . "
Clarke : "Pat was Mrs . Miller ' s secretary, if you would like to dire(
some questions to her; I don' t know what answers she would give
and of course don ' t care . "
Amato : "Well, I don ' t think . . . I don ' t think it would be pertinent
to what we would decide assuming all of this . . . in the question of
a variance . . . as to whether or not it should be . . . "
Clarke: "Hear-say evidence is no good at all but of course Mrs .
Miller. . . "
Amato : "We have . . . , we have that . Well, do we have the letter
from Mrs . Nash?"
Fleshman: "Yes , there is a copy in the applicant ' s file. "
Amato : "Okay, we have that, we have that as a matter of record, the'
Yes , here it is . Well, anything else gentlemen?"
Payne : "Mr. Chairman, could I make a further . . . "
Amato : "Sure . "
Payne : "Assuming Mr. Clarke is correct and it is improper to have
these . . . , I was not aware of this bungalow; now this makes four
uses on this property. "
Amato: "Not on this property. "
Kirby : "No . "
Clarke : "Yes . "
Amato : "Yes , yes . "
Payne : "A primary residential use , a rental unit , a shop , and anoth(
proposed rental unit . Now, assuming Mr . Clarke ' s interpretation is
307
correct . . . that is not permitted by the Ordinance
and I would say that I agree with that interpretation . Then,
your . . . , as I see it your function here is to grant or deny a
variance. "
Amato: "I agree . "
Payne : "Now, as to the . . . I don ' t know if you wish to comment
on this , but I have some thoughts on this . "
Amato : "Any help we can get, we need. "
Payne: "Well, the . . . as you all are obviously aware of, the
criterion for granting a variance is hardship and the . . . we are
talking about a permitted use . . . so the problem here is one of area.
The Supreme Court of Virginia, in its latest case , of which I am
familiar, a 1960 case , is the case of Fowler against the Board
of Zoning Appelas of Alexandria, defined what a hardship is with
regard to an area variance . That is , without the variance , no
reasonable use can be made of the property . I think that, from
all the evidence that you have heard , . . . the Fowler case involved
a case where the variance was granted. . . to a setback and in that
case the evidence adduced was that the land reserved for the set-
back would be useless for any purpose except . . . I think the
Court cited the collection of brokyn bottles and paper trash, and
therefore the Supreme Court in fact , overruled the Circuit Court
of the City of Alexandria. The City upheld the Board of Zoning
Appeals in granting the variance . In this case , I think you are
presented with the exact opposite factual situation . Mr. Kirby has
adduced evidence and I think the evidence from both sides is
in agreement , that this use , this parcel , this . 98 acres not only
has a reasonable use , . . . is presently being used for three reason-
•
- 11 - 308
able uses . Therefore , I find it extremely difficult to advise you
that there is any indication of hardship . "
Amato: "Well , Mr. Payne , suppose Mr . Kirby had an attorney, •
and I put this to you another . . . , I 'm not trying to be facetious
about it , but suppose Mr. Kirby had an arrorney and the attorney
said that , assuming that everybody acted in good faith, which we
all do, Mr. Clarke, Mr. Kirby and all parties involved and now
Mr. Kirby, at some expense has a residential . . . small residential
unit in this building which he cannot use . . .which he sayshe thought
that they were approving with a building permit . Mr. Clarke did not
understand it . . . would it be fair to say that this is a hardship
now because he can make no use of this building as changed . . . or
the changed part of the building which had invested money in . "
Payne : "Are you asking, would I . . . "
Amato: "If the law . . . if the lawyer were to argue that point on
behalf of Mr. Kirby?"
Payne: "I think the argument in opposition to that . . . and this is
the one that I would hold, . . . and I think it is defenseful in court
is in the first place . . . that counties are not , . . . and this is
really the question that you are posing, . . . there is no county
responsible for the action of its official . "
Amato: "True, true. "
Payne: "If Mrs . Miller knew of these facts , as Mr. Kirby says
she did, if she was apprised of them and she gave her ruling that
this was proper and Mr. Clarke ruled otherwise , at a later time ,
both acting in the scope of their employment , I believe that since
Mr. Clarke is the current Zoning Administrator, Mr . Kirby does
not have any invested right . "
Amato : "No , no. I don' t mean that . "
- 12 - 310
don' t think . . . well , that is what is bothering me, is there
enough of a change that really hurts anybody or. . . "
Payne : "Well , I think that is one question in which you are cer-
tainly concerned; if you think that there is damage to the neighbor-
hood then you should deny it . I think the other important question
here is that Mr. Kirby has above and beyond the sort negative duty
of not damaging the neighborhood, in this case since he is asking
fora variance, the Ordinance mandates that he have an affirmative
duty to establish this hardship to your satisfaction then he is not
entitled to the variance. "
Roudabush: "Let ' s listen to the hardship . "
Amato: "Well, you know Mr. Payne , it ' s easy for you in your recent
training . . . good training as a lawyer, to understand all of the
ramifications and even then I suppose at sometime you might get
stumped on a legal proposition . . . of course , I 'm getting so old
now that everything stumps me , but , here is a man who has no know-
ledge of the law and I don' t like to put it on any estopel thing.
I just feel like that in conscience that this man felt that could
go ahead with what he was doing; he did go ahead; I don' t know
whether he went ahead in violation of . . . , said 'oh the devil with
everything, I 'm going to do it' but he built a living room, a bed-
room and a kitchen and I assume put a bath in there and I don ' t
know, but. I feel like . . . either he acted in a very , very. . . , he
was the worst reprobate in the world, just said the 'devil with
everybody' or else he acted in good conscience , I don ' t believe . . . "
Payne : "Well , I think that . . . "
Amato : "Well , I don ' t think that he just said the devil with every-
body and went ahead. "
311
Payne : "I certainly would make no . . . , I would . . , but I 'think
that the question here is the proper exercise of your powers and
the Ordinance does state that the variance 'will elevate a clearly
demonstrative hardship approaching confiscation and is distinguished
from a special privilege or convenience sought by the applicant ;
that is Section 12-2-2 of the Ordinance and that is exactly the
same lenguage that was used in the Fowler Case . I think that there
has been . . . , whatever hardship . . . , whatever money he has spent
the case clearly does not indicate that this property is unuseable ,
in fact he has enhanced the value of his shop because he has , in
fact , a bathroom in there now. So , the shop , as a shop , is more val-
uable. "
Kirby: "What good, what good is it? It can' t be used as a comer
cial building; it can' t be used to live in; my taxes are going
to go up but now I 'm going to have less use for it . This is
what I asked for to begin with, so relief from taxes ; something
that I could use it for . "
Payne: "Of course, it is up to you all to decide whether there is
any hardship or not, but I . . . , I just , . . . , I can' t advise you. . . "
Kirby: "I hope Albemarle County does not come to the point that
every man that wants to build a little house or something has got to
be an attorney. I certainly thought that this meeting today would
be a meeting of volunteer men and I didn ' t know you were going
to be here to plead the case because you have already told me how
you felt about this before, or I would have had an attorney here
today. I thought that this . . . "
Amato : "Well , Mr. Kirby , let me , if you will just listen to me
a minute. We asked for Mr. Payne to come outline the views of the
Planning Department and well , we did not know what . . . "
311
- 13 -
Kirby: "I 'm sorry. . . "
Amato: " We felt that we needed to have his views and Mr . Clarke ' s
evidence and needed to have your views ; that is why we asked you •
for yours . "
Kirby: "Well , if $3, 000 . 00 does not work a hardship on a man today,
I don' t know what does . I don' t have that kind of money. "
Amato: "Well, I think we understand the factual situation , unless
you all want any other evidence and I . . . "
Clarke: "Gentlemen, I ' d like to make a statement that I have absolut(
no feelings about this . . . "
Amato: "Well, we know that Mr. Clarke . "
Clarke : " at all , whether Mr. Kirby does or does not , but I have to
read the cards as I see them. "
Amato: "We know that and I feel sure that we are going to make a
decision some way or the other . There have been some appeals from
this Board, as you gentlemen know and in some instances we have
been sustained and in many we have been reversed , so we are human
itoo. Gentlemen, what is the pleasure of the Board? I 'm ChaiLman
so I can' t make a motion, but . . . (pause) "
Roudabush: "May I ask Mr. Payne another question?"
Amato: "Yes . "
Roudabush: "Would it have made any difference if Mr. Kirby had said
{ that he considered these two parcels as separate parcels of land
and the fact that if we didn ' t know that he was renting the property
well, I guess he could do anything with the property he wanted to
with it. "
Payne : "Well , in my opinion , that changes his analysis substantiall:
I think you are dealing with the easy part because if he answered
312
questions in truth and is treating this as two parcels then
the shop can only be lawful as a nonconforming use and under
the Ordinance . . . " •
Roudabush: "Well , don' t you think that it was a nonconforming
use when the zoning was adopted?"
Payne: "No, if this is one parcel it is a conforming use . "
Amato: "But it is not one parcel. "
Roudabush: "No, I mean when zoning was adopted it was a shop
building; I remember Mr. Sprouse running an automobile body repair
shop. . . "
Payne: "No, but you don ' t need to reach the issue of whether it is
a nonconforming use because it is a confoLmiing use , it is proper ,
if it is one parcel. "
Amato : "When is it a is it a nonconforming use?"
Payne: "It is a nonconforming use if he had treated this as two
parcels and then he would be unable to argue that this is a home
occupation, under the Ordinance . "
Amato: "Now if it is a nonconforming use what then, can he ask
for a variance?"
Payne : "Then he couldn' t change , couldn' t change the use of the
property because to put another use on this property when there
was already a nonconforming use would make the other use more non-
conforming, in violation of the Ordinance . "
Roudabush: "Let me ask you this , if I lived on a lot and I buy the
lot next door and I want to put up a little office building which
I think I could put my business as a home occupation , I couldn' t
do it on the lot next door to where I live?"
Payne : "Well , the prior definition has been superseded but oper-
ating at the time that Mr . Kirby was talking about the County
313
- 14 -
was operating under the definition which has just been superseded
and the definition is "that the activity has to be carried out
on the same premises as the residence . " I think there was even
some question as to whether that means the residence itself but
I think that Mr. Kirby should be given the benefit of the doubt , . . .
the whole parcel not just the building. "
Clarke : "Well, how would you go about eliminating the lot lines
legally?"
Payne: "Well, I think for the purpose of zoning this does eliminate
the lot lines . "
Clarke : "To get it off of the map so that nobody could say that it
is a separate lot again. "
Payne: "Well , that ' s a difficult problem. "
Amato : "Yes . "
Roudabush: "Is there any Special Use Permit that the Board can
grant?"
Payne: "The alternative would be something like a rezoning but
it would have to be in the . . . "
Amato: "Well, we can' t rezone . "
Bain: "We can' t rezone . "
Clarke : "I would say that in my meeting with Mr. Kirby we talked
about this at that point in a very friendly manner and my advice
to him then was that due to the legal difficulty in this that the
somplest matter would be a friendly civil suit against the County be-
cause the judge can do things legally that the Board of Supervisors
cannot do . . . "
Amato: "Judge Berry can do it right now, because the way we decide
one way or the other we decide Mr. , and I'm not Mr. Kirby ' s attorney ,
but I say this and I think that Mr. Payne will agree with me one
314
way or the other, Mr. Kirby can appeal an unfavorable decision
and the judge will decide in no uncertain terms , either yea
or nay with Judge Berry. "
Roudabush: "He won ' t have to wait for a long docket . . . "
Amato : No sir, he doesn ' t . "
Payne : "He can do it by way, or. . . "
Clarke : "He doesn' t have to have a public hearing. "
Amato: "No, he does not, you don ' t have to advertise it . You under-
stand what we are talking about , Mr. Kirby?"
Kirby: "Mr. Chairman, we discussed this and an official of the Count
advised me against sueing. "
Amato: "Well , I , I don ' t know. . "
Kirby: "In fact I was told that I couldn ' t sue until we went througl
this procedure. "
Amato : "I 'm ready to vote on a variance if somebody will make a
motion. Well, I , I. . . "
Bain: "Well , I make a motion like this . . . "
Amato : "We could make a motion. . . "
Bain: "I have been guided a great deal by what Mr. Payne has said
and I think that his analysis is sound and I conform with it . I move
that the variance , is it a variance that we . . . , be denied . "
Pause
Amato : "Is there a second to that motion?"
Roudabush : "I am probably going to second it but I want to ask
Fred a question . Under the type of action that can be taken as
an appeal to a decision from the Board of Zoning Appeals , the Judge
could docket that within two or three days and hear it as . . . "
Amato : "As quickly as his docket permits . "
Payne : "As quickly as his docket permits and he does take precedence
over a normal. suit . "
- 15 - 31!
Roudabush: "I know that we have had one or two that have been
appealed and the Judge heard it two or three days later. Now, . . . "
Payne : "I have no idea how long it would take . "
Amato: "I want to say, just for the record, that I can ' t draw
myself, whether I am proper in making the conclusion or not but I
can' t draw myself from the conclusion that assuming everybody acted
in good faith, and this is the way I like to credit everybody, that
this man has gone ahead with repairs through no fault of his own :
I don' t think and . . . I think that this is the hardship in this
case. The theory that I would have is that the hardship was his
investment in money in the alterations , and now finds that he can ' t
use it. You can' t use a bedroom and a bath and a living room in the
operation of repairs of refrigerators . That ' s certainly no use of it
So there' s no use of this particular point . . . But there ' s a motion
been made . . . "
Roudabush : "Ah, I 'm going to second the motion with the explanation
that , ah, to Mr. Kirby that I wouldn' t do it except for the fact
that since we don' t have the three out of the five members here
you've got to have three votes to make a unanimous consent .
Amato: "For or against , for or against?"
Roudabush: "Of the three of us who are here so you wouldn ' t be able
to get an affirmative vote of this so I 'm going to second the . . . Mr
Bain' s motion in order that . . . "
Amato : "All right , and then. . . "
Roudabush : "to give you a method of appeal if you so desire . "
Bain : "Give him a basis for appeal"
Amato: "Then you can call the docket for a vote .
Fleshman : "All right , Mr. Roudabush. "
Roudabush: "Aye . "
316
Fleshman: "Okay, Mr. Bain . " •
Bain : "Aye. "
Fleshman: "and Mr. Amato"
Amato: "No. So then I rule that for want of an affirmative vote
the motion to, ah, deny the variance falls . Now then , to permit
an appeal I 'm going to vary from procedure and I 'm going to make
a motion, notwithstanding the fact that I . . . I ' ll stand aside as
chairman. Will you act as chairman Mr. Bain?"
Bain: "Yes sir. "
Amato: "All right . I then make the motion that the variance be
granted provided that the condition be that the variance will grant ,
will run only with Mr. Kirby ' s ownership of the property and no long(
To cease with his termination of ownership . "
Roudabush: "I ' ll second. "
Amato : "So, that motion has been seconded by Mr. Roudabush. "
Bain: "Gentlemen, you have heard the motion and it has been seconde(
Roudabush: "Are you going to. . . "
Bain: "Let' s call the roll"
Amato: "Call the roll , Miss Fleshman. "
Roudabush: "Are you going to do anything about the lot line?"
Amato: "Let me change and say that in view of Mr. Kirby ' s state-
ment that the two lots are considered by him as one that my variance
would further be on condition that he not dispose of one lot with-
out the other , and that if he does dispose of one lot without the
other, the variance ceases . So that ' s the motion.
Bain: "Is that all right with you, Bill?"
Amato : "Now then call the , call the . . . "
Roudabush: "I think there ' s a little conflict there because
at first you said it ran only with . . . "
- 16 - 317
Amato: "The land. . . "
Roudabush : "Mr. Kirby. . . "
Amato: "ownership . . . "
Roudabush: "And then you said if he sells one without the other
- it ceases . . . "
Amato : "Well , in other workd he ' s got to sell both lots . "
Bain: "Bill ' s right, that provision you made is not necessary
'cause you've already said as long as it was . . . "
Amato: "All right , I ' ll eliminate the last part then. "
Clarke: "Ah, my only comment on that is that the whole premise
of everything we 've done here today, as I understand it , is based
on there being now one lot and in the future one lot . "
Amato: "Well, it ceases with his ownership . . . "
Bain: "We 're dropping that part though, Mr. Clarke. "
Amato: "Mr. Clarke, it iwll cease with his termination of owner-
ship so it wouldn' t make any difference. "
Bain: "His dosposition would want it both ways . "
Amato: "In other words , he sells this lot, it ends , the variance
is ended. "
Roudabush: "Ah, call the roll, Miss F. . . "
Fleshman: "Okay, Mr. Roudabush. "
Roudabush : "aye"
Fleshman: "Mr. Bain"
Bain: "no"
Fleshman: "Mr. Amato"
Amato: "And I vote aye . So now the motion falls , so then you are
permitted by law. . . you could be permitted by law to appeal from a
decision of this Board, which was unfavorable to you. Now you ' ll
have to seek the guidance of an attorney to , or somebody to advise
you. . . "
318
Bain : "He can get a copy of all this discussion, can ' t he?"
r1
Amato: " . . . of what to do. Yes sir, you can get this from this
of. . . from the Planning Office . "
Clarke : We can give you anything you need and help you in any
way we can. "
Amato : "Anything you need you are entitled to get as a citizen.
And you have a right to go before Judge Berry and that ' s all I
can advise. "
Clarke: "Judge Berry just shot me down today on another one. "
Kirby: " Well, gentlemen I thank you. "
Amato : "We are required by our rules to have an affirmative
vote of three (3) members of the Board either for or against . We
had, did not have an affirmative vote on the motion to deny and
we didn' t have a three (3) vote on the motion to grant the
variance. So it falls . We have two (2) other members who did
not appear today, were not here. So now you have a right to ,
under the law, to appeal . "
Kirby: "All right , sir . I thank you. "
Amato: "And I hope you will . "
Kirby: "I certainly will. "
Amato: "Because it will terminate one way or another. Either you
are right or you are wrong , Mr. Kirby. "
Kirby: "You can rest assured that I will . "
Amato : "That ' s what I mean by it . I said, I hope you will , be-
cause it will then find out whether you are right or wrong. "
Clarke : "The civil suit will eliminate all question of any legality
at all. "
Amato : "Well, it would be perfect . Thank you Mr. Kirby . "
.519
•
- 17 -
Kirby: "Thank you gentlemen. "
Clarke: "Clear cut. . . "
As there was no further business to come before the Board the
meeting was adjourned at 6 :40 p .m.
Respectfully submitted,
William S . Roudabush, Jr .
Secretary of the Board
��fil lflt �� J L---
By: Patricia L. Fleshman
•
LAW OFPIC1;s
NASH AN]) EDP:• �,�o
221. (-olricr IJAIn:
CIrAHr.or -ESVI I. tTI12(.INIA 22901
LLI.I:N\'IRGINIA. ASH
•
AfA`IS D.Lf)I':LSON April 28, 1975 5 TELEPHONE 00•1,205-:II:I3
Mr. William H. Kirby
Kirby ' s Refrigeration Service
RFD 6
Charlottesville, Virginia 22901
Dear Mr. Kirby :
Mr. Stanley Woodward was sent a notice by the Zoning
Department of your request to permit continuance of the
use of your building for refrigeration service and one stall
as a rental unit .
Mr. Woodward asked me to advise you that he has no
objection to this . I am sending a copy of this letter to
the Zoning Department .
Very truly yours ,
_ P
EVN: tgp
cc : Albemarle County Zoning Department
- 251-?5�
LAW OFFZCLT6
WOOD� WOOD AND WOOD
230 COURT 69 VARIL
DAVID J. WOOD (1es7-1sse) CHAHLOTTLT6VZLLE VIRGINIA
DAVID J.WOOD,JR. Z29Oi
JOSEPH M. WOOD, II
TELEPHONE 296-6118
May 7, 1975 ri8tt9itli
`Y9$ Rec'd
Albemarle County Zoning Office
County Office Building
Charlottesville, Virginia
Gentlemen: Re: Application of William H. Kirby
Parcel 92-69
John F. Bell, Jr. , a resident of State Route 53,
has asked me to write you concerning the above application.
Mr. Bell lives across the road from the property
of Mr. Kirby, which is the subject of the rezoning application.
Mr. Kirby has a home, a mobile home with tenants, a bungalow
with tenants, and an air-conditioning commercial business on
his property.
Mr. Bell understands Mr. Kirby' s application is
to request authority to put a residential unit in the busi-
ness property, and he feels that the location of a residence
in the business property will be extremely unsightly. The
property sets back from the highway approximately 30 feet,
and any attempt to locate the residence there with bicycles,
automobiles, kids and toys is sure to hinder the appearance
of the area.
For the above reason, Mr. Bell urges you to deny
Mr. Kirby' s application.
Your 'uly,
t/LL •
Dav:.d J. W od, Jr.
DJW, Jr/jfs
CC: Mr. John F. Bell, Jr.
108 6th Street, N. W.
Charlottesville, Virginia
I
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.
•
s ONi k5
•
Office of Building Inspection
411 EAST HIGH STREET '
- CHARLOTTESVILLE. VIRGINIA 22901 • • .
HARTWELL P. CLARKE
. / ZONING ADMINISTRATOR f
r
April 8, 1975 • •
Mr. Gordon Wheeler •
Chairman , Board of Supervisors 1
408 East High Street
Charlottesville , Virginia
.
• Re: Mr. William H. Kirby
. Dear Gordon: .
There has been a misunderstanding .
The problem- is a zoning matter. It has occurred because
Mr. Kirby got a '•Buildi_ng Permit based on Mrs . i.,l+__t Mill.er_ ' s
zoning approval . See Exhibit 1 . If Mr .. Kirby h: d r r•,tc
that he planned . to build a rental unit and use t::e !, _l, _,co
of the building for a shop , Mrs . Miller could not have ,;ranted-
a zoning clearance.
• From a legal standpoint there are only five (5) findings
. that can be made by the. Board of Zoning Appeals that can be
. used to grant a variance . See Exhibit 2 . It seems obvious
that Mr. Kirby' s request for two different uses on one parcel
. would not fall under any of these five categories .
•
I enclose Mr. Fred Payne' s written opinion dated April 1 ,
1975 on which I based my ruling . See Exhibit 3 . This letter
'. was in my file before you talked to Fred.
It is true that Mr. Kirby should exhaust his administra-
tive options before going to Court and. he has applied for a
variance.
Respectfully submitted,
w . /...,i..•tr.-- ________
H. P. Clarke
•
•
Enclosure:
HPC :bwi
(,JI c.L- ‘t,1• t41 RBy •
•
, LAN EXAMINERS NOTES
7::), .
, A,/ c.....,„..),-, • . It•
//J / I.. • -r�-C:J 1.
FRONT YARD `r V (!
�� .
SIDE YARD c=,° r,---- SIDE YARD Q �
REAR YARD ..5
NOTES _
•
—4__£_21-- i..1;_- '_--isfyi"--1 i•---L-^e"---. -—,-"/";' -
IX. SITE OR PLOT PLAN — For. Applicant Use -
•
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•
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• . ... ..•. .. . ..-,- --.I...•.'..'rarl'•,r'1
AOCA rORM APEBP - 669 CI969 BUILDING OFFICIALS 6 CODE'ADMINISTRATORS INTERNATIONAL, INC.
e)(' oc.c3rr C7-• . ,
L•----ai '. . .
22 Meet Your Zoning Neadng_Board [ : ...r.
inflict unnecessary hardship upon the applicant. ,''-..i. • and the zoning ordinance." •
Subject to the provisions of section 801, the board may •
From foregoing, one should
by rule prescribe the form of application and may re- importance the foregoing,
and panic+
quire preliminary application to the zoning officer. TheC-I.. lions in the opening paragraph and
board may grant a variance Provided the_following
indints are m_adewhere reTevint in a�i�en_c<ase_ and (3). It is upon these paragraph`-" _1' Section 912,that the Applicant or th€
r1 1. there are unique physical circumstances t • address himself. 1 hese and the Local
. or conditions, including irregularity, narrowness, or are the criteria.
•
shallowness of lot size of shape or exceptional topo- .
graphical or other physical conditions peculiar to the
• l Summarizing: the criteria for
particular property, and that the unnecessary hardship
•is due to such conditions, and not the circumstances or "`+'; Variance by the Board are:
conditions generally created by the provisions of the . A Variance is a dispensation fro
zoning ordinance in the neighborhood or district in • Local Zoning Ordinance will(*)which the property is located; F-1
_ by the Board in (aces w here lit(.
(2) That because of such physical circumstances or the Ordinance would result in
conditions,there'is no possibility that the property can ship. .
- be developed in strict conformity with the provisions of . 'T i
• 1 he reasons for the granting of
the zoning ordinance and that the authorization of a -r ..1 g t'
variance'is therefore necessary.to.,enable the reasonable substantial, serious, compelling
use of the property; •01 particular property.
n
• (3) That such unnecessary hardship has not been
(treated by the appellant; The following quotations troy,
(A) That the variance, if authorized, will not alter ' Supreme Court cases delineate I tar,
the essential character of the neighborhood or district Variances.
in which ,the property is located, nor substantially or
• permanently impair the appropriate use or development "It is settled law that a variance
of adjacent property, nor be detrimental to the public narrow grounds, i.e., 'where :
welfare; and jected to an unnecessary hair
(5) That the variance, if authorized, will represent collar to itself, and where the t.
the minimum variance that will afford relief and will be contrary to the public :nt(
represent the least modification possible of the regula- • justify the granting of a v rian
• tion in issue. tial, serious and compelling."
In granting any variance, the board may attach E=-' • Court in Poster Advt. Co., Inc.
• such reasonable conditions and safeguards as it may
deem necessary to implement the purposes of this act "the sole justification for the g
• Fri.
• f .
'•r' .--........-.....-- y.,.,.. a .. ..--•+a,+-- •r--'.. _,.....-..- -r- -' -- --• -r�-
• I .
•
•
��yt-Y OF ALQk-q .
V
- I
•
•
•
• Office of County Attorney •
•
•
416 PARK STREET GEORGE R. ST.JOHN
.CHARLOTTESVILLE, VIRGINIA 22901 •
296-7138
•
•
• April 1, 1975
o.
Mr. H. P. ClarkeVI .
• • Zoning Administrator li
Albemarle County Planning Department
411 East High Street
Charlottesville, Virginia 22901
RE: Mr. William H. Kirby (Our File #A.C. 66)
. Dear Hartwell:
•
I have reviewed the materials sent to me by you and the
Albemarle County Zoning Ordinance and I have arrived at the
following conclusions . First, the use by Mr. 'Kirby of the
.42 acre parcel on single Route 53 fora ng �
l'�' family rental unit _
is permitted under §2-1-26 of the Zoning Ordinance . Second,
I am unable to find any permitted use in the A-1 .zone for
the repair of household appliances other than as a home
occupation under §2-1-14. , Therefore, I believe that Mr.
Kirby will not be able to use this property for refrigerator
repairs except insofar as such use constitutes a home
occupation. I concur, therefore, in your opinion that,
unless Mr. Kirby occupies the rental unit himself, the • • -
. refrigerator repair facilit would violate the Zoning .
Or nce . • I further concur i.n our opinion that Mr. Kirby
cannot use the ropert ue in stion as both a rental dwelling
unit and a nonconformin pair shop.
If you have any other questions please let me know.
Sincerely yours,
..4;; . .
•
„ .-=:h;, rrT•r:-',I Frederick W. Payne
t ` '��.- -"� , Deputy County Attorney •
FWP:kch �/_.5
•
•
LAW OmCEB
WOOD, WOOD AND WOOD
D30 Cover aQIIA�
DAVID J. WOOD (tet,-lave) C $LoTTEsvILLE) ViRGI ZA
DAVID J.WOOD,JR. 32901
JOSEPH M.WOOD,II TELEPHONE 296-6118
•
May 7, 1975 nnialAWAii
8Rea
Albemarle County Zoning Office
County Office Building
Charlottesville, Virginia
Gentlemen: Re:. Application of William H. Kirby
Parcel 92-69
John F. Bell, Jr. , a resident of State Peute 53,
has asked me to write you concerning the above application.
Mr, Bell lives across the road from the prope-rty
of Mr. Kirby, which is the subject of the rezoning application.
Mr. Kirby has a home, a mobile home with tenants , a bungalow
with tenants, and an air-conditioning commercial business on f
.his .property.
Mr. Bell understands Mr. Kirby' s application is
to request authority to put a residential unit in the busi-
; ness, property, and he feels that the location of a residence
in the business property will be extremely unsightly. The
property sets back from the highway approximately 30 feet,
• and any attempt to locate the residence there with bicycles,
automobiles, kids and toys is sure to hinder the appearance
of the area.
• For the above reason, Mr. Bell urges you to deny
Mr. Kirby' s application.
•
. . • . Your- _ l 'uly,
74.7
David J. od, Jr..
DJW, Jr/jfs
CC: Mr. John F. Bell, Jr.
108 6th Street, N. W. •
Charlottesville, Virginia
i- DEPT.' FILE COPY
ZD
BUILDING f��d
PERMIT /aVALIDATION
DATE October 29, 7p� } 1974 PERMIT NO. 74-1100 AR
APPLICANT William H„ Kirby D `
ADDRESS . 6 , "Box l 7L7'" , City
(N0.) (STREET) (CONTR'S LICENSE.)
r DWELLING UNITS
PERMIT TO_Ada i ti (IT) fT Alt 0 (____) STORY S/F Moiling 1
NUMBER OF
(PROPOSED USE)
(TYPE OF IMPROVEMENT) NO. ZONING
Riv. ,A-1
AT (LOCATION) Norty side of Rt. (53EabQUt 1/4
mile east. of 795 DISTRICT
(No.)
T)
?f t l oD_ AND (CROSS STREET)
a BETWEEN Ti t PY S (CROSS STREET)
a LOT
Ma arc-el �9 LOT BLOCK SIZE
m SUBDIVISION__I9 P
a FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
p BUILDING IS TO BE FT. WIDE BY FT. LONG BY
m
O
Z TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: Adding two interior partitions to existing cottage & adding bath.
PERMIT 10. 00 "
R
VLU ESTIMATED COST $ 1, 000 0 O FEE
VOOLUMEE [!/�
(CUBIC/SQUARE FEET) � �i�/- ~/
OWNER AC f1 A�lVP BUILDING DEPT. /h/i ..,
ADDRESS BY• �d
(Affidavit on reverse side of application to be completed by authorized agent of owner)
Tall
CERTIFICATE ISSUQ-
M
DATE
BUILDING/PER •IT -
CERTIFICATE OF OCCUPANCY
DATE O t tb Y fig! 19 4 PERMIT NiO. !. 1100 AR
—
ADDRESS Pt. Box � � City
APPLICANT. `�_. �.---��rt�' (N.) (STREET) s (CONTR'S LICENSE)
PERMIT TO Mai,j
,,,Arm ;Jilt• ( ) STORY S/P Dwelling NUMBER OF
DWELLING UNITS
(IYPII
F OF IMPREMET) NO. (PROPOSED USE)
side of R.t. S% about 1/4 Dale east of 795 DISTRT IZ�.'+r
C ,$. -1_
AT (LOCATION) Te T.o T(NUJ (STREET)
�+ Q
rn BETWEEN ` `tnetion(CROSS STREET) AND (CROSS STREET)
b
°' ^--- T. LOT
m SUBDIVISION 4 w tS.i►p F•,) T C �+1 � LOT BLOCK SIZE
a
00 BUILDING IS TO BE FT. NIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
m
O BASEMENT WALLS OR FOUNDATION
TO TYPE ._ USE GROUP (TYPE)
partitions
U REMARKS: _ Bssite•f r g two te.rior_ _to_cadating cottage Uadding bath.
AREA 0R -11IU'Irlr �.s-d M1 0(- 'f:Kt4'I -Z1 x Ktr,,'' dlx. ..I tit(a+ 11 YI(1.
(cualc/suuARE rFLT) »(i 1 i� �;'?IItf15a11z An l.il,°''�;I%t, !`it.1i,3'�ia1'�3'��
CrT-TI,rc'11xr1-TI rrrYl/41c-114,c'1I.r.r-fl r>•TTtE 177IAYtTTl.r1-11.rr-11.r t'1,F1xY1,0trl r✓l'71A
fa•� 10 BE f 1L,,Ti:U/0)��I//PREP ('•I 'S
OWNER e.__. ` _3wLSt.a — SEE REVERSE S10Ef,�jf C(NL}(,IPN4�F-iCEaTIF-ICATE
ADDRESS _.r..___._�....__ �/ ff ff ��..
ZONING ALBEIVIIIRLE COUNTY, VIRGINIA Permit No. ��/`--,1;.1 ` A.,
/2
REAL ESTATE DIVISION DISTRICT - -
MAP REFERENCE STATE ESTIMATED
SUB-DIVISION ACRES REGISTRATION COST CONTRACT PRICE
MAP LOT BLOCK SKLTION 1
!i r,
/
Name of Owner- 'i •-/lam ,_,�/ ;.r „! - - . --.: ,�_ //6 L-7::.
t ? r'•: Address r.
/ U
Location:'t' E S W Side of Road No. ; ._',�rabout _miles from c
Or: side'of Street, between and
Yard Requirements: Front Setback Side_ Rear
USE CONSTRUCTION EXTERIOR WALLS INTERIOR WALLS ROOFING GENERAL FEATURES
Dwelling Wood Frame Wood Siding I Plaster ! Metal No. Stories
Apartment Steel Frame Wood Shingles I Dry Wall Slate No. Rooms
Store Brick Asbestos Shingles! Celetex ,Comp. Shingle Floors
Garage Cinder Bloc, Cinder Block Pine Ceil i Asbestos Shingle No Basement
Service Station Solid Masonry Brick Paneled Tar-Gravel Pt.Bsmt. IS Si Y.
Comp. Roll Full Basements *
PLUMBING Hot Water Heater BEATING SEWAGE WATER
No. Baths Gas 1 Hot Water Air Cond. Public Public
Toilet Oil Electric Fireplace _ Private Private
Electric. Hot Air Stove Septic Tank Well
—
Floor Furnace
If for Alterations or Repairs, State Nature. - /r •- - ` • •
`'(J--l.' -�iL,j �.'G.O-r ;lri ..s7C--1.G-7-4 L.'..,_J.'i�-[:ct,+c.-,0 . .'
f W. Cl OUTBUILDINGS—IMPROVEMENTS
USE DESCRIPTION SIZE or REMARKS VALUE
$
APPRAISED VALUE—ALL IMPROVEMENTS }
•
RECAPITULATION
APPRAISED VALUE ASSESSED AMOUNT
Land $ $
Buildings ,
TOTAL $ $
•
Signature of Owner or Authorized Agent -----;1'�`�(e.(A-f 1. /-"t,
,,'=' r
SERVE: ZONING
ZONIADMINISTRATOR RECEIVED 11AR 0 3 1976
Albemarle County Office Bldg. iI : CO A.m. fig
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
WILLIAM H. KIRBY, ET AL., •
Petitioners
v. WRIT OF CERTIORARI
ALBEMARLE COUNTY BOARD OF
ZONING APPEALS,
Respondent
This day came William H. Kirby and Lillie B. Kirby
and moved the Court to allow a Writ of Certiorari to review
certain decisions of the Board of Zoning Appeals of Albemarle
County.
And it appearing proper so to do, a Writ of Certiorari
is hereby granted to Petitioners, and the Board of Zoning Appeals
of Albemarle of Virginia, is hereby ORDERED and DIRECTED to
certify a copy of the record in the petition of William H. Kirby
and Lillie D. KLL uy for a zoning variance of their property in
Albemarle County, Virginia,*known and designated as Tax Parcel
92-69, situate on State Route 53.
And it is therefore further ADJUDGED, ORDERED and
DECREED that this Writ be returnable on the c - day of
lQ , 14 , a date not less than ten (10) days from
the date of this Writ.
ter///
JUDGE lT
DATE: 7-c_Y-.+��-,^� /// /ci 7�
We ask for this:
Haugh & Helvin p.q.
435 Park Stree
Charlottesville, Virginia
CERTIFICATE
This is to certify that a copy of this Writ of
Certiorari was ma.'led to George R. St. John, Jr., County Attorney
• for Albemarle County, Virginia on the da. 4,7„.7)._ j,2:QA, : y of December, 1975.
L C
� ?,,, ,} 2,-,-)-A4,,,,,_ eh r es H. Haugh
',vILLIAFi H .K. 3Y
RFD6BOX 176
CHARLOTT: VILLE,
VA . 22901
April 7, 1975
Alb.County Board of zoning appeals
Charlottesville, Vs .
Gentlemen;
In refrence to variance i VA-75-13
On July 25, 1974 I consulted the zoning Administrator in regards to
converting a portion of a commercial building (which I was using under
Home Occupation permit (Refrigeration Service() to a rental living quarters .
I v.as issued a olemina.ry zoning clearance and further instructions in
regards to septic tank,building permit,olans ,etc .
The seotic was completed and approved 8/27/74 . Oct .22 ,I applied for.
building,plumbing, & electrical Permit and furnished a plat of the land
and set of plans for approval .Oct .29,I recieved a building permit and
the Plans with Hartwell P .Clarks stamp of approval (with a notation that
additional window had to be installed . !
March 11 , 1975 :'=r.Vaugh came for inspection ,aoprove all work except one
vent needed extension .He then informed me that I would have to fire-Jall
a portion of the space because of my shop work in the same bldg . I
complied with this and he came back 3/17/75 and approved the firew,all ,
then notified me that the -oning rules wouldnt allow me to use the
building for both purposes .
Since then I have been tossed about like a frisby from one officii.al to
another with no satisfaction .I would sure appreciate any consideration
you might give me in regards to this matter.
sincire17, 17 4 �
TT
+iil.n .r iiby
C .0 .file
lJ hk
•
•
N..,c/ OF AL8��,9
G
4ti .
•
.
• Office of Building Inspection
•
411 EAST HIGH STREET
•
•
CHARLOTTESVILLE. VIRGINIA 22901
HARTWELL P. CLARKE
ZONING ADMINISTRATOR
• March 27, 1975
Frederick Payne , Attorney at Law
416 Park Street
. Charlottesville , Virginia 22901
Dear Fred: •
Mr. Gordon Wheeler has asked us to get a ruling from your
office on the alternatives available to the Board of Super-
visors in the case of Mr. William H. Kirby.
We enclose copies of all information that we have .
Please roll me at your convenience for the background dat
Very truly yours ,
21,12 4_,
•
H.P. Clarke
HPC: drj
Encl .
•
RECORD OF INSI'ECTIOIN-SEWAGE DISPOSAL SYSTEM
Ihfe "� / Case No. 4)7`G % "/L
Owner (,'�CLC.:G-2•-L,- /''�`•. Add resst (../ i/ //�G C-4'f 't r' '
Phone I - 2.;,J
V j
,Mailing Addr esv
Occupant Address Phone
INIarhng Address,
Exact Location . I
of Premises_ -- r!/ ``'•`) /7 7 1 Z.1c- (/.'7 ' /7~2/-7
tSubdniswn. Street or Head Nat de-...Section or I.ot No.r
WATER SUPPLY INSPECTION
Installed according to Permit Design ❑ Yes ❑ No. Distance to nearest House Sewer feet. Distance to nearest Sewage
Disposal System— _feet. (Use Form LHS-143 for Detailed inspection of Water Supply Reference Materials.)
SEWAGE DISPOSAL SYSTEM INSPECTION
(1) LOCATION (6) DISTRIBUTION BOX
•
Allotted Arta adequate ksi Yes ❑ No. Distance from • Watertight and equal surcharge to each line by Water Test
nearest lot lines- //' cct. Trees._ - feet.
Water Supplies '.'..' _feet. Buildings Yes ❑ No. Distribution Box provided with �(
g feet. extra outlets for future use. �Numlrr
(2) INSTALLATION AND DESIGN
Installed according to Permit Design Yes ❑ No (7) SUBSURFACE ABSORPTION FIELD
Have additional Household Appliances been added NOT on Permit: Total Area in bottom of ditches - a 6 square feet.
❑❑ Automatic Washer L Garbage Disposal Number of ditches - 2 Length of ditches S C _6 f_" feet.
Other - — Grade of ditches Minimum 7- Inches per 100 feet.
Describe) Maximum
inches per 100 feet. Has system been
(i) SOIL CONDITION checked by instruments (Level) , ye No
Are there soil conditions now evident which indicate system may be un- Type aggregate used ,(.' t-,t/•/„ ..-' ,;i/
satisfactory .ts designed: ❑ Yes 0 No. If Yes, show Depth of aggregate under Tile • inches
adjustments required under"Remarks"below. . Total depth of aggregate /��
inches
(4) HOUSE SI:\t'ER FINE Depth of backfill over aggregate / S
, -r- inches
Installed �7 Yes
j U No. Type of material/ /; ^AL (g) SURFACE DRAINAGE
Size 4 -- Inches.
Storm Drains from House and Basement flowing away from Subsur-
(5) SEPTIC TANK ,,,,:•;-. face Drainage Field: [ Yes t
(y� ❑ No• Was Surface Drainage
Constructed of. <':Lf/;•.f( L;-/z" _ required ❑ Yes No. If Yes, has this been provided
rKmd of Material• ,., ,
Inside Dimensions Length—_' feet. Wtdth___f-._ feet. ❑ Yes ❑ No. Has area been drained by lowering
Liquid Dcpth_.�" feet. Depth of Air Space ! 2-- Ground Water Table: ❑ Yes ❑ No. z�' " Not required.
I p• inches.
Inside Fittings comply with requirements I Yes 0 No. (9) Are follow-up inspections necessary ❑ Yes Q No.
•
Septic Tan �1.�"
Con[ractor: f-C[,_I•-L. (:i`fi/i_t'.,,i t- r - / Address_��I/�/ /i c/ C ` . Phone _
This Sewage Disposal Systemm((Is)(I*-N(t)Approvcdbyf'' 4 ``-'''< e.e t L'1- (l.. ..`fZG__l_. `<L_ Health Department.
Date_ Signed - -•. -_-_ , Date Approved •
/ San it a:i.:n IIlealth Director,
Date Approved_____________ _ --- _Date Approved
'Advisory Sanaa'iant ,Itcru•wmg Authority -ether rlgcnf_.I -------
With proper maintenance, approved Sewage Disposal systems may be exl.ccted,4i)function satisfactorily, provided no overloading or phvsuc.el damage
occurs to the system. Remarks: 4-4 /[w tr4..< ,tC�.,_'�i:+<• -.La e • ' l i<i 1.: e e' /4/, .r t �4. C"/ '4". c' C-L %,.
Virginia Department of Ilealth
I.1FS• 141 R . 12171
�NINO ALB� 1ARLE COUNTY, VIRGIN Parmit No. .fL/- �,,,,,,�- f f=:?
/2 ,
REAL ESTATE DIVISION DISTRICT ''� ., ..'
• MAP REFERENCE STATE ESTIMATED
SUB-DIVISION ACRES REGISTRATION COST I
CONTRACT PRICE
MAP LOT BLOCK SECTION
/ !S7/ /, e"::.' `i I
Name of Owner , ,-!.<�G 3�ti1� ; 5a-:�x,.1_ Address - , /v..,:;�a%, ,/CA, +' i_,%''.
Location:N E S W Side of Road No. , L",'{ about is` 'miles from `,'�'_ ` 4..--} t%
,/
Or: sid of Street, between_ and
Yard Requirements: Front Setback Side—. Rear
• USE CONSTRUCTION EXTERIOR WALLS INTERIOR WALLS ROOFING GENERAL FEATURES
Dwelling Wood Frame Wood Siding ( Plaster Metal No. Stories
Apartment Steel Frame Wood Shingles I Dry Wall Slate No. Rooms
Store Brick Asbestos Shingles! Celetex Comp. Shingle Floors
Garage Cinder Blocx ! Cinder Block Pine Ceil Asbestos Shingle No Basement
•
Service Station Solid Masonry _ Brick ' Paneled Tar-Gravel Pt.Bsmt. M %'/.
Comp. Roll Full Basements
PLUMBING Hot Water Heater HEATING SEWAGE WATER
No. Baths Gas Hot Water Air Cond. Public Public
Toilet Oil Electric Fireplace Private Private
Electric. Hot Air Stove Septic Tank Well
Floor Furnace
If for Alterations or Repairs, State Nature• `' -J,- ~4!'.f'6 -11 '' 't..r�1--�` b ri.,,?-'-
O' OUTBUILDINGS—IMPROVEMENTS
USE DESCRIPTION SIZE or REMARKS VALUE
►_
d
I ~
APPRAISED VALUE—ALL IMPROVEMENTS $ v
RECAPITULATION
APPRAISED VALUE ASSESSED AMOUNT
Land $ $
Buildings
TOTAL $ $
Signature of Owner or Authorized Agent ,f,' .,,�'
;/'✓ ^;' to ' r.Z ii .J•.. ti ' .' ... o .~7•'� 0 1... - 0 W
I. "`�C �>is ci ' f " F, ,,.^r .: C1 7 (.> > ^ro n L ; 7 .,ro a n x ry___- ..
' i r ;�� yo , o na o o 'j _ � �rt� S'`+� Y „ o � C7]'� � �vv .. ; 'U
�' „� -•co !.. ..` �T.•_ i w ,n} .^� n (L_. '..'y a .y L--� .J w y is
'�'.•� ).••�'y •', :, O• a' w ri 7. �-•_ 7 _"G•r C, v a 7 t7 p ::r• 7 w y ..«;n �� :.y •, i
� ty O�. •'' �: .. ...c"': o .C2;'.w --'bya.!y �^ :', � -tyr; �'; .A T� JO JJ � •�
li . •42'
j �:>� o - wow ' _ � � occ • 0 '/�7 ,c. --
'4 .:
' .`�,M-�1• .-•� n ^•"�' Y 7 ' T G; '�!" 7 �' "'cl 'o ''"c'' o W "o '? [Y •;b,'a.o:7.:o a ti O
t ' ›N V� .
_• .'o 5 " w �' o tr a ., H n o Ia o•7 "°
1 � ti ,.�. `� 7 y� 7 `n O :1 2.7 7 ^.".J G -'Y ^ °.: O .1:1 -'-m ' K ra'+i 1 � rn_ .:''" .. -.... -' -�
•
a. O L]......Cp- J r .: 0 n ^• 0 y>i. O cl A �,•7'� ey w ", O O J CY^ems .. 0 7 •� :>
q 7 I..t �!•• 7 J... 7 .�. -1 t7 ca.•j �, .3i �, J•T
In
cv
N 6...p ..:\ 7 .
\ l -
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0.4 \ /
f x n� '�.. 2 IiCf2E • 'QO •
lLI N ' ,' �Z.
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I. 7! LD 0.1
(� C
3 O n in h - \ I
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v.
i • p w w �S
�0 coq.aQ' _ \ �t, c \
PT�'I%9 ccS 3 3 4 41.W 171.5 0' , tof
Y.H. C. Ir O'Y iau' \
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.143
L., ..\ W fSi C: 1 %\
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fir.
�IRON...�_ \'
. . . : .• : r. ,;.1 T.- . .7; •' ......,
1........; V'•
• • `t
•
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...01
•
.L.si'l IA) .�i.`J -�S'•i
0 O Jl - G' •
PLAT OF .....
0.42 ACRE TRACT ON ST RT. 53
, ABOUT 0.50 MI, S. E. OF SIP•,1EON
ALBEMARI F rn vA
•
• ` •
..•
I
•
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•
• ,/SFr/ , . •
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•
f '
54?-
ALBEHARLE COUNTY, VIRGINIA Zone emit. No.
Date �f-/(,/-(p ZONING PERMIT • � Wi f��
ertl P
•• /
Name of Owner_(f,j�'9i11 1. ,2�/ Address; D 6ee-y(/ ‘, (9,
• Name of Contractor
Butlder Address
If for Alte tions or Re air
P State Nature:
•
• Map No. Parcel No. C4 Acres • S/L. Lot Size x
• Subdivision Sec. Blk. —Tot
/ v' If purchased within the past two years from Date
•
• Water Supply: — Sewage Disposal: '—
• • Location:-K0 ui 4 .,'".3
• NOTE: Permit for septic tank and approval of location of same
and of well should be obtained from the County Health Dept.
• • • A Plot Plan Construction Plans
I isis sketched on this application ( ) 'are not included
Estimated date of completion AoG • /, /5'69
•
•
I hereby certify that I have the authority to make the foregoing appli-
• Cation, that the information q'ven is correct and that the construction
• Will conform with the regulations in the Zoning Ordinance, and private
•
• . building restrict,ons, if any, which say be imposed upon the above
property by deed.
•
Signature ` owner or authorized agent -I "i
•
. • Address . E.iiZV Telephone No.
•
BUILDING DESCRIPTION •I.
2. NoeStordeec .i- c/ a».c, 11 G csi vn ate_
3: Dwelling Un,ts —• ^
4. Construction Cc"1��
A-/ C��� .
S. Building Dimensions -..- U
�. IF FOR MOBILE HOME:
•
1• Make
2. Si z e x Q,c,, -eeK,c4 .acyu/J
• 3. Year of Manufacture
Action: 4,7)4,41-(..?d,,/
•
•
on ng dminisutratpr
i /to
•
•
•
•
•
•
•
•
•
•
•
vN11 OF ALf3E-41
Je }y'(o^ i •
•
Kr
��kCtN •
Office of County Attorney
•
• 416 PARK STREET GEORGE R. ST.JOHN
CHARLOTTESVILLE, VIRGINIA 22901 296-7138
April 1, 1975
•
•
Mr. H. P. Clarke
Zoning Administrator
Albemarle County Planning Department •
411 East High Street
Charlottesville, Virginia 22901
RE: Mr. William H. Kirby (Our File #A.C. 66)
Dear Hartwell:
•
I have reviewed the materials sent to me by you and the
Albemarle County Zoning Ordinance and I have arrived at the
following conclusions . First, the use by Mr. Kirby of the
.42 acre parcel on Route 53 for a single family rental unit
is permitted under §2-1-26 of the Zoning . Ordinance . Second,
I am unable to find any permitted use in the A-1 'zone for
the repair of household appliances other than as a home
occupation under §2-1-14. • Therefore , I believe that Mr.
Kirby will not be able to use this property for refrigerator
repairs except insofar as such use constitutes a home
occupation. i concur, therefore, in your opinion that,
unless Mr. Kirby occupies the rental unit himself, -the
re rigerator- repair_facility_would violate the Zoning,
Ordinance . I further concur in your opinion that Mr. Kirby
. cannot use the property inkquestion as both a xental, dwelling
unit and a nonconforming repair shop.
If you have any other questions please let me know.
Sincerely yours,
•
..�� Frederick W. Payne
Deputy County Attorney
FWP:kch -,p
�- 7 -�'7
qq_ i/od 4Z
APPLICATION FOR
PLAN EXAMINATION AND
BUILDING PERMIT
z
IMPORTANT — Applicant to complete all items in sections: I, II, Ill, IV, and IX. 0
I. AT (LOCATION) ZONINGDISTRICT -GCI
LOCATION (NO.) (STREET)
OF BETWEEN AND
BUILDING (CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
II. TYPE AND COST OF BUILDING — All applicants complete Parts A — D --1
A. TYPE OF IMPROVEMENT D. PROPOSED USE - For"Wrecking" most recent use m
m
1 I I New building Residential Nonresidential
2 I I Addition(I/ residential, enter number
12 ne family 18 I Amusement, recreational
of new housing units added, if any,
in art D, 13) 13 ri Two or more family - Enter 19 Church, other religious
number of units- - - - --0-
20 1 Industrial
3 ) i Alteration (See 2 above) 14 I I Transient hotel, motel,
21 Parking garage
4 I I Repair, replacement or dormitory - Enter number
5 Wrecking (If multifamily residential, of units - -) 22 I Service station, repair garage
enter number of units in building in 15 I I Garage 23 I Hospital, institutional
Part D, 13)
16 I Carport 24 I Office, bank, professional
6I I Moving (relocation)
17I Other - Specify 25 .1 Public utility
7 I Foundation only 26 I School, library, other educational
B. OWNERSHIP tf-e 27 I Stores, mercantile
8to rivate (individual, corporation, a-Z� `�� yL ��r � 28 I Tanks, towers
nonprofit institution, etc.) 29 I Other - Specify
9 I I Public (Federal, State, or � Q
local government)
C. COST (Omit cents) Nonresidential - Describe in detail proposed use of buildings, e.g., food
processing plant, machine shop, laundry building at hospital, elementary
10. Cost of improvement $ school, secondary school, college, parochial school, parking garage for,
department store, rental office building, office building at industrial plant.
To be installed but not included If use of existing building is being changed, enter proposed use.
in the above cost
o. Electrical
b. Plumbing
c. Heating, air conditioning
d. Other (elevator, etc.) /
11. TOTAL COST OF IMPROVEMENT $ / Q O C-)
III. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Parts E — L;
for wrecking, complete only Part J, for all others skip to IV.
E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS
30[ _ asonry (wall bearing) 40 I I Public or private company 48. Number of stories
31 ri Wood frame 41 rivate (septic tank, etc.) 49. Total square feet of floor area,
all floors, based on exterior
32 Li Structural steel - dimensions
33 Li Reinforced concrete H. TYPE OF WATER SUPPLY
34 I I Other - Specify 42 I I Public or private company
50. Total land area, sq. ft.
43 rivate (well, cistern) K. NUMBER OF OFF-STREET
PARKING SPACES
F. PRINCIPAL TYPE OF HEATING FUEL I. TYPE OF MECHANICAL 51. Enclosed
35 I I Gas Will there be central air 52. Outdoors
36 111-5-3-0-il conditioning?
r L. RESIDENTIAL BUILDINGS ONLY
37[ ] Electricity 44 I I Yes 45 LJ No 53. Number of bedrooms /
38 Li Coal
39 Li Other - Speci/y Will there be on elevator? 1 Full
54. Number of
46 n Yes 47 I__-i No bathrooms
Partial
IV. IDENTIFICATION — To be completed by all applicants
j Name / //JJ Moilin address - Number, street, city, and State ZIP code Tel. No.
•
Owner or C:e /,t�,�Na e:44: .1 a 6 / 24, , �o/
Lessee
Builder's
2. "J".?1"""P3.-42,._../ License No.
Contractor
3.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to
make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction.
Signature of applicant Address Application date
/o ''-3- 2 y
DO NOT WRITE BELOW THIS LINE
V. PLAN REVIEW RECORD — For office use
Plans Review Required Check Plan Review Date Plans By Date Plans By Notes
Fee Started Approved
BUILDING
PLUMBING
MECHANICAL
ELECTRICAL
OTHER
VI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS
Date Permit or Approval Check Obtained Number By Permit or Approval Check Obtained Number By
BOILER PLUMBING
CURB OR SIDEWALK CUT ROOFING
ELEVATOR SEWER
ELECTRICAL SIGN OR BILLBOARD
FURNACE STREET GRADES
GRADING USE OF PUBLIC AREAS
OIL BURNER WRECKING
OTHER OTHER
VII. VALIDATION
Building
Permit number
Building
Permit issued 19
Building
Permit Fee
Certificate of Occupancy $
Approved by:
Drain Tile $
Plan Review Fee $
TITLE
•
VIII. ZONING PLAN EXAMINERS NOTES
DISTRICT A .` /e/a•
�
USE 1.e,4,C.,s �.--,-v/ -- -J'L0--�L 1_4_ 1'-! ".Z._F �-e I I -01
FRONT YARD v
SIDE YARD ram"' SIDE YARD a s'"'...
REAR YARD 5'r
NOTES
PA-L. -..../2 _
41--if-}Xii-P1-1__.„
•
, 4,I,
IX. SITE OR PLOT PLAN - For Applicant Use
-
yi-{4.1}}
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BOCA FORM APEBP - 669 C1969 BUILDING OFFICIALS & CODE ADMINISTRATORS INTERNATIONAL, INC.
LAIN/ OF AL�3�j ,lq
A ,ti
Office of Building Inspection
411 EAST HIGH STREET
CHARLOTTESVILLE. VIRGINIA 22901
HARTWELL P. CLARKE
ZONING ADMINISTRATOR
MEMORANDUM•
TO: Board of Zoning Appeals
FROM: H. P. Clarke, Zoning Administrator and i/C/
Building Official
SUBJECT: William H. Kirby
DATE: May 12 , 1975
The subject case requires some knowledge of the paper
work procedures that were in effect at the time of the
issuance of the permit .
Two sets of plans were submitted, one set went to Mrs .
Miller, Zoning Administrator, and one set was sent to
H. P. Clarke, Building Official.
The Building Official' s set was reviewed by the various
inspectors and approved by the Building Official and
were held on his secretary's desk until approval was
obtained from the Health Department and the Zoning
Administrator (see exhibit #1) .
After several rental alternatives were discussed with
Mrs . Miller and abandoned, Mr. Kirby finally stated
that he would "remodel the existing building" (see ex-
hibit #2) . Mrs . Miller agreed to this and so advised
the Building Official' s secretary who issued the permit .
The preliminary zoning clearance was issued to insure
that the Health Department did not make an unnecessary
trip . It had no bearing on the final disposition of
the permit.
At no time did Mr. Kirby represent to this office or to
Mrs . Miller that he planned to have two separate uses on
this parcel.
HPC:bwi
•
•
COUNTY OF ALBEMARLE
I. APPLICATION for PERMIT
•
BUILDING ZONING
4 OFFICIAL • 2 ADMINISTRATOR•
l
BUILDING FIRE
5 INSPECTOR 8 MARSHAL 3 HEALTH
DEPT.
ELECTRICAL
°INSPECTOR
7 PLUMBING
• INSPECTOR
8 BUILDING
OFFICIA L
•
WRITE
IO PERMIT
I 1 OWNERS
S I5 FIELD
19 FILE DEPT. CERT. OF ASSESSORS
C
COPY 23OCCUPANCY 24 COPY
I (
12FOOTINGSS BUILD.IG 16 PLUMS,INSP. 19 ELEC.INSP. 25MARSHAL
MARSHAL
ZONING ADM. HEALTH DEPT.
13 FRAMING 17 ROUGH-IN 2I ROUGH-IN 26 FINAL APPROVAL 27FINAL APPROVAL
14 FINAL 18 FINAL 22 FINALJ
•
28 BUILDING
OFFICIAL
29 FINAL INSPECTION
( IF NECESSARY)
•
30 ISSUE CERT. OF
OCCUPANCY
Now
VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE
WILLIAM H. KIRBY
and
LILLIE B. KIRBY,
Petitioners
v. PETITION FOR WRIT OF CERTIORARI
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
c/o Hartwell P. Clarke, Zoning Administrator
County Office Building Annex
411 East High Street —
Charlottesville, Virginia
Respondent
To the Honorable David F. Berry, Judge of said Court:
Come now your Petitioners, William H. Kirby and Lillie B. Kirby, by
counsel , and represent unto the Court that they are aggrieved by a decision
of the Albemarle County Board of Zoning Appeals, rendered on May 14, 1975,
for the following reasons:
(1) Your Petitioners sought to construct an apartment in a portion
of a building situated on land they own jointly, such property being known
as Tax Parcel 92-69 situated on State Route 53 in Albemarle County, Virginia.
(2) Following the procedures prescribed by County representatives,
they obtained a preliminary zoning clearance from the Zoning Administrator,
the necessary Health Department clearance, submitted plans for the improve-
ments to the Zoning 'Administrator, altered those plans as required by that
department and were issued a Building Permit for the work.
(3) Thereafter, your Petitioners proceeded with the construction,
having it properly inspected by the appropriate County authorities as re-
quired, but when they sought a Certificate of Occupancy they were told by
the same County authorities that they were in violation of the zoning ordi-
nance and they would have to seek a variance which was beyond the power of
the Zoning Administrator to issue administratively.
(4) Thereafter, your Petitioners sought such a variance from the
•
Noe
Board of Zoning Appeals and presented the foregoing facts in detail and re-
quested a variance which would permit them to use the improvements con-
structed with the full knowledge and guidance of the County authorities.
(5) The meeting of said Board of Zoning Appeals was attended by
only three members and the approval of such a variance required the approval
of a minimum of three members of said Board, but the hearing proceeded
nevertheless, and your Petitioners were denied such variance by a vote of
2to1 .
(6) This ruling of the Board of Zoning Appeals is erroneous,
arbitrary, capricious and without basis in law and fact, and, further, the
decision of the Board works a great hardship on your Petitioners who have
expended a large sum of money to improve their property in a manner which
they were given every reason to understand complied with the ordinances of
Albemarle County until they were, without prior warning, denied a Certificate
of Occupancy.
WHEREFORE, your Petitioners, by their counsel , pray that the Court
grant a writ of certiorari to review the aforesaid decision of the Board of
Zoning Appeals in accordance with Section 12-7 of the Albemarle County Zoning
Ordinance, and afford relief to your Petitioners by directing the Board to
grant the necessary variance, and that your Petitioners may have such further
relief as may be deemed meet and proper.
WILLIAM H. KIRBY
LILLIE B. KIRBY
/` By Counsel
E wa a s, r. , nse
P. 0. Box 484
Charlott sville, Virginia 22903
CERTIFICATE
I hereby certify that a copy of the foregoing petition was elivered
to Hartwell P. Clarke, Zoning Administrator, this llth d y of J ` e, 19 5.
wa a s, r.
-2-
SERVE: HARTWELL P. CLARKE
ZONING ADMINISTRATOR RECEIVO MAR 0 3 1976
Albemarle County Office Bldg. 11 '. 0'7 A.m•
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
WILLIAM H. KIRBY, ET AL. ,
Petitioners
v. WRIT OF CERTIORARI
ALBEMARLE COUNTY BOARD OF
ZONING APPEALS,
Respondent
This day came William H. Kirby and Lillie B. Kirby
and moved the Court to allow a Writ of Certiorari to review
certain decisions of the Board of Zoning Appeals of Albemarle
County.
And it appearing proper so to do, a Writ of Certiorari
is hereby granted to Petitioners, and the Board of Zoning Appeals
of Albemarle of Virginia, is hereby ORDERED and DIRECTED to
certify a ccpy of the record in the petition of William H. Kirby
and Lillie B. Kirby for a zoning variance of their property in
Albemarlr: County, Virginia, known and designated as Tax Parcel
92-69, situate on State Route 53.
And it is therefore further ADJUDGED, ORDERED and
DECREED that this Writ be returnable on thee- -)--- day of
, l9,2 , a date not less than ten (10) days from
the date of -6his Writ.
_CZ JUDGE
DATE: /c_k/L.,,, A!,‘, /// /97L,
We ask for this:
Haugh & Hely n p.q.
435 Park Street
Charlottesville, Virginia
CERTIFICATE
This is to certify that a copy of this Writ of
Certiorari was mafled to George R. St. John, Jr. , County Attorney
for ..,,,t1bemar1e County, Virginia on the day of December, 1975.
/)-
ed7L,
Ch es R. aui -
\()k-
0
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
WILLIAM H. KIRBY, ET AL, ,
Petitioners
FINAL ORDER
ALBEMARLE COUNTY BOARD
OF ZONING APPEALS, -
Respondent
THIS CAUSE came on the 4th day of May, 1976, to be heard
upon Petitioners' Petition for a Writ of Certiorari to review the
decision of the Board of Zoning Appeals denying a variance, and
upon the Writ of Certiorari entered herein; upon proper service of
process upon Respondent, came both parties in person and by
Counsel; and, was argued by Counsel.
And it appearing from the evidence adduced before the
T�._ry that the decision of the Board of Zoning Appeals is arbitrary
and plainly wrong; that the variance should be granted, subject to
appropriate conditions; and, that Petitioners are entitled to the
relief prayed for, it is accordingly ADJUDGED, ORDERED and DECREED
1 . that the decision of the Board of Zoning -Appeals be, and the same
is hereby reversed, and Petitioners are hereby granted a variance
• to use a portion of the building situate on Tax Map Parcel 92-69,
as previously remodeled, for a rental living unit.
It is further ORDERED that said variance be subject to
the following conditions:
(1 ) That the lot containing . 42 of an acre involved
herein, and the adjoining lot containing . 56 of an acre , both
designated as Parcel 69 on Albemarle County Tax Map 92 be used and;
considered as one parcel of land.
(2 ) That when said property is no longer owned by
Petitioners, or their heirs or personal representatives, said
variance shall terminate .
•
•
And nothing further remaining to be done hereLn, -zThis
matter is stricken from the docket of this Court.
ENTER:
JUDGE
DATED:
We ask for this:
HAUGH & NELVI p.q.
435 Park Street
Charlottesville, Virginia
Seen and Objected to :
•
Frederick W. Pbyne
Assistant County Attorney •
416 Park Street
Charlottesville, Virginia
•
!!
•
lf
- 2 - •
-'7'Mtf:V.2,-torzat731
• J.e. L.AY
• luD(:ox 176
Vi • 22001
April 7, 1075
Ub.7.;ountv :Mord of - onint; aoneals
(.-ont1-6en ;
In refrence to vnri ' nce
Cn July '15, 1074 T consulted the 'oninr Anririatrntor in reire, s to
cor-tertinE,, "n portion of a co-mercial nuildinz ,hich I , nsuin un
Fone Cccupation oermit ( ,?efri ,;I:eration '3er7icr) to s rental yanrtors .
I -os issued a plerinary onin clearance cnd further ir,1ructiois in
rnrords to seotic tcn.k, huii1nç permit, olanr ,etc .
The seatic (P1=1 comointed nrd anoro-ed ';/ /722 . Cot .29 ,T arolied for
elootrteal aormit -, ( furnished n pint of the land
and set of plans for nonro,ral .oct .20,I recIe :ed a 1.1_111in p=it PMC'
t')e plans ,ith Hartell P .C•lrr,.rks St9Ito of rporo-al ( , 4t,h a notntio
thot
had to te
larch 11 , 1075 Er.7aufth () me for insnotionlaooro-e all york exceptoie
,-nnt needed extension .He then informed r.e that Iould he to fire ,all
P oortion of the sne.ce because of my shoo ork in the sane hld . I
oonolied ith this and he c=e-me hack 3/17/75 and a,-)oroved t,;_e -n11 ,
then notified me that the oning rules ouldnt allo me to u3e the
for 'cloth ourposes .
:1 - ce then I have been tossed shout like a frisky from one officio' to
another -ith no satisfaction .i could sure nobrecirte any considetion
you ,:ive me in regards to this matter .
sine I rel
hk
•