HomeMy WebLinkAboutVA197600044 Action Letter 1976-12-08 •
r
•
God <�`
Office of Building Inspection
414 EAST MARKET STREET
CHARLOTTESVILLE, VIRGINIA 22901
HARTWELL P. CLARKE
January 25, 1977 zoN Nc AD MINISTRATOR
Mr. John D. Busbee
2817 Huntington Road
Charlottesville, Virginia 22901
Re: VA-76-44
Dear Mr. Busbee:
Please find enclosed my letter for a requested legal opinion from the
County Attorney's Office concerning your variance granted by the Board
of Zoning Appeals and the subsequent opinion.
•
As previously stated, I will hold the legal opinion as an affirmation
of my initial ruling regarding your requirement to fulfill the spirit and
letter of the variance granted to you at a public hearing before the Board
of Zoning Appeals. For you to meet the Kearsarge Planning Committee's
demand to move additional footage other than what was approved by the County's
proper authority, will mean, I believe, an unlawful act constituting a vio-
lation of your variance. In such a case, the Zoning Administrator will be
required to act accordingly.
Further, it is apparent by our research, that the Kearsarge Planning
Committee is without any authority whatsoever to compel you to act in con-
travention of the Board of Zoning Appeals. The Board of Zoning Appeals '
decision will be defended by the County Attorney's Office in the event the
Kearsarge Planning Committee seeks to vitiate the variance.
If you have any questions or we can be of further assistance, please con-
tact the Zoning Administrator or a member of his staff.
Respectfully,
f. Benjamii Dick
Zoning Administrator
JBD/plf
cc: Mr. Edward H. Bain, Sr. , Chairman - Board of Zoning Appeals
Mr. Frederick W. Payne, Deputy County Attorney