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HomeMy WebLinkAboutVA198700086 Other 1988-01-12 VERBATIM TRANSCRIPT ALBEMARLE COUNTY BOARD OF ZONING APPEALS MEETING HELD ON JANUARY 12, 1988 VA-87-86, RAY C. BEARD Those members present were William Roberson, Jr. , Carl Van Fossen, Jacquelyn Huckle, and Max C. Kennedy, Chairman. Other officials present were Charles W. Burgess, Jr. , Zoning Administrator; Andrew D. Evans, Deputy Zoning Administrator; and Sharon Taylor, Recording Secretary. Mr. Kennedy: 87-86 Ray Beard and Cedar Hill Trailer Park. Mr. Evans: O.K. , the applicant is requesting a variance from section 4 . 1. 2 of the Albemarle County Zoning Ordinance. This section states, 4 . 0 General Regulation, 4 . 1. 2 For a parcel served by either a central water supply or a central sewer system there shall be provided a minimum area of 40, 000 square feet per commercial or industrial establishment or per dwelling unit as the case may be. The applicant currently has a owner/operated mobile home park with 72 units. A proposal is to add 26 additional lots for units to be located on in the park. Reduction of the required lot area is requested by the applicant because the park is not served by public sewer. The applicant would agree to mandatory hook up to public sewer when the service area is enlarged or and/or the service line extended. Property that bounds the area north of the expansion area is R-1, Residential and PD-IP or Planned Development Industrial Park to the western line. Mr. Van Fossen: Excuse me, Mr. Evans. I don't think we have your, I am not reading and following you. I don't think we have all of your statement. I've got the recommendation. Mr. Kennedy: Look over on the back page. Mr. Evans: That, that is reworked up so it is moved up to the front. Mr. Kennedy: Look over on the next page. It is out of order. Mr. Van Fossen: O.K. , alright. Verbatim Transcript - VA-87-86 Page 2 Mr. Evans: Just turn to your next page. Mr. Kennedy: I had trouble picking him up too. (inaudible) Mr. Evans: Recommendation, The application should be denied for cause: (1) The applicant has not provided evidence that a strict application of the ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. (2) The applicant has not demonstrated that the perceived hardship is unique to his property in contradistinction to other properties in the same zoning district and general vicinity. (3) The applicant has not demonstrated that the authorization of the variance will not be of substantial detriment to the adjacent properties or that the character of the district will not be altered. In the event the Board should find cause to grant the applicant's request, the staff would suggest the following conditions: (1) Health Department approval of the minimum requirement of a 50 percent reserve (back up) drainfield area for system or systems to serve the additional units or a maximum of 26 units. (2) The applicant be required to connect to public sewer within five years or prior to it if it is available. (3) An opaque type fence to be erected along the north property line, and a minimum of one row of white pines six foot in height to be planted parallel to the fence. Mr. Kennedy: O.K. Mr. Evans: Excuse me just a minute. I have a letter from and I probably ought to read into the record. This is . . Mr. Kennedy: Alright. Mr. Evans: Addressed to me. Dear Mr. Evans, County of Albemarle Department of Zoning. Dear Mr. Evans, I am listing below some of the things that concern me in allowing Mr. Beard to expand the present mobile home park. First, since the death of my husband several years ago, I am planning on this property (22LI) , that is the parcel number, to provide for my financial security in the years ahead. Second, placing so many more mobile homes in the present park will almost severely downgrade the value of my property as well as the quality of life for Mr. Beard's tenants and the park itself. Third, I understand young people are dirt biking on the vacant areas of the park next to my property. Since the fence on the back of my acreage has been mashed down, I am Verbatim Transcript - VA-87-86 Page 3 afraid if mobile homes are placed on this recreational area, the bikers will spill over onto my back fields. They now hunt on my property without permission which concerns my tenants who have small children. So, packing in more homes will probably multiply the problems. Fourth, and what about sewage disposal? Fifth, I understand the need for this type of housing and would like to see owners made responsible for upgrading the quality of their parks by screening of tenants and making the parks beautiful with nice landscaping and providing recreational areas with swimming pool, tennis courts, basketball, etc. Because of my flu bug, Mr. Don Gardner, will try to be present for the meeting to represent me. I sold my typewriter when I put my things in storage, so I'm hoping you can read my printing. It was nice talking with you last week, and thanks for taking the time to do so. Most Sincerely, Madeline Freeman. Mr. Kennedy: Alright, thank-you Andy. Mr. Dick: I am Benjamin Dick and I will be representing Mr. Beard the owner of this property at his request. I will get the Board acclimated to what we are talking about. These are the photographs, aerial photograph of the property. You can use this original to see where things are. The, if you put the photograph like this, these two things at the top, that is south and this is north. That would be these two commercial buildings here. North would be at the bottom of this. Mr. Roberson: Who are those commercial buildings, just to orient us. Mr. Dick: O.K. There is Hall and Taylor Body Shop up here. What is the other one? Mr. Beard: Jarman's Motor Bikes. Mr. Dick: Jarman Motorcyle and then there is a propane gas company. As described in the staff report, to the west here is a PUD, planned unit development industrial park, and then over here is adjoining residential zoning land. I think Mrs. , what was her name? Mr. Evans: Freeman. Verbatim Transcript - VA-87-86 Page 4 Mr. Dick: Freeman is right here in this house. Mr. Roberson: Is 250 that strip up through there, 29? Mr. Dick: That is Route 29 . (Inaudible) Mr. Kennedy: Did Mrs. Freeman say how much land she owned? Mr. Dick: I don't know. Mr. Evans: I think it is approximately, I looked it up I believe I think it's like 7 , 16 acres. Mr. Kennedy: Do you have the tax parcel on that. (Inaudible) Mr. Beard: A little over six acres. Mr. Evans: O.K. Excuse me, six acres. Mr. Dick: If you look close down there, you will see that her house is well below the area that we are speaking of. Mr. Beard: The house is rented. Mr. Dick: The house is rented. (Inaudible) There is a tree, the trees separate her property. Mr. Van Fossen: This small dark roof, is that her house? This is that fabric shop that used to be used cars or something along in there, isn't it? (Inaudible) Mr. Dick: That's right. Mr. Van Fossen: Is that her house right there. Mr. Dick: This is her house right there. Mr. Kennedy: It looks likes it has a driveway all the way around it. (Inaudible) Mr. Dick: This is the fabric shop right here. Verbatim Transcript - VA-87-86 Page 5 Mrs. Huckle: Oh, o.k. This is her house right here. Mr. Dick: The house is right here. Mr. Roberson: Alright Ben. What is this raw looking area up through here? Mr. Dick: That's the property in question. I have drawn little lines through it. Mr. Roberson: O. K. Why is it raw looking? Has it been scraped off or something? Mr. Dick: It is sort of like through the years it has been graded. Mrs. Huckle: Eroded. Mr. Dick: I don't know if it is eroded. It is not eroded. Mr. Beard: No. Mr. Roberson: Just this little square back here at the back here. Mr. Dick: Yes. We had a site plan map. I had one made for each member if you want one. Mr. Roberson: Money is no object on this case. Mr. Evans: Do you want me to pin one, want me to put one of them up on the board? Mr. Dick: Yes, that would be better. (Inaudible) Mr. Dick: These are going to be the new lots. And they are, they are in this area. Mrs. Huckle: We've got to get organized here. Where are we here? Mr. Dick: 29 is down here, so if you want to put your map. Mr. Roberson: O.K. Mr. Beard: May I help? Verbatim Transcript - VA-87-86 Page 6 Mr. Dick: Yes, go ahead. (Inaudible) Mr. Beard: This is Mrs. Freeman's property here. Right here comes, comes in this point and out here, and I am not sure I think maybe comes down to here. Mrs. Huckle: And this is 29 . Mr. Beard: That is 29 , yes, ma'am. (Inaudible) And this is the fabric store. (Inaudible) Mrs. Huckle: O.K. So, how do you get to her house? (Inaudible) Mr. Beard: As you can see, this is 29 here. This road right here. Mrs. Huckle: I see. (Inaudible) Alright, now this is where you are going to put your new thing? Mr. Beard: Yes, ma'am. Mrs. Huckle: How many acres do you have in here altogether? Mr. Beard: 26, 25.98. Mrs. Huckle: And how many acres is going to be in it? Mr. Beard: Approximately 4 . Mrs. Huckle: And you have 26 houses on 4 acres? Where are you going to put your septic drainfields? Mr. Beard: On each lot. Mrs. Huckle: On each lot. How big are the lots? Mr. Beard: 65 X 100. Verbatim Transcript - VA-87-86 Page 7 (Inaudible) Mr. Dick: 6, 500 square feet. The Health Department does not require that much, but we have to go into each one of these things. Mrs. Huckle: But then you have to a reserve, a back up for each one of those. Mr. Beard: They are asking if it was approved for 500 for 50 percent of the required 500 feet. Mrs. Huckle: But our, our Zoning Ordinance calls for 100 percent of backup. Mr. Dick: Well that is why we are here today to present the case. Mr. Kennedy: O.K. Go ahead. Mr. Dick: O.K. (Inaudible) Mr. Kennedy: O.K. Ben. Mr. Dick: O.K. This land was created in the park existed prior to the enactment of the Zoning Ordinance and has been historically in Albemarle County a mobile home park, Cedar Hill. The lay of the land and the homes that you see are on there now have all through the years. To the south of this property has been intense commercial development. We have a L. P. Gas Company down here, a home business selling modular, pre-packaged homes, and you have a Hall and Taylor Body Shop, and you got Jarman's Motorcycles. So to the south of this is purely commercial lies heavy commercialized business and also industrial uses. To the west of the property we have a planned unit development of an industrial park. And then purely to the north of it you have the residential land, the lady who wrote the letter. Now the park has been a park, it has afforded housings for family (inaudible) and affordable housing in the County. We spoke with the Planning Director, Mr. Horne, and the comprehensive plan of Albemarle County has been involved along with changes in the Zoning Ordinance, to keep these mobile home parks in the areas in which they have developed through time and the County's in favor of consolidating, for example, this Cedar Hill Mobile Home Park has been here and they they prefer rather than creating a new park, that the mobile homes come into existing parks. And too because of the plan of the industrial park to the west an interceptor line is going to come through that area and then there are a lot of things going on with that. The County will be requiring an Verbatim Transcript - VA-87-86 Page 8 upgrade of the Camelot Sewage Treatment Plant. The industrial park will be updating and increasing the capacity, and this particular plan has been on the drawing board for a number of years. Gloeckner and Osborne were the original people to work with Mr. Beard and have been to the County and talked about it, and it all comes down now to what can Mr. Beard do at the present time until this line comes through and he can hook up to it. We got a response from, we wrote Mr. Lou Rossie a letter back in July and got a response from him. For the record there. And they're in the process of negotiations with the developer to do that line. Now the opportunities for Mr. Beard to might be severely restricted by the Zoning Ordinance for a mobile home park that has been there for time eternal. To use his land has been opened ten-fold by the fact that this interceptor line is going to come back to that property. The same firm of Gloeckner and Osborne did a feasibility study of central sewer system, because it is on a central water system and has a water system of County water. And did a feasibility study and to do, for example, a sewer plan on their own site would be so cost prohibited that it would take thirty to fifty years to get a return to pay for that cost. And not only that there are tremendous complications because of the lay of the land and the topography. Now the Health Department has approved every one of these present home sites on lots that are 40 X 85 - 50 feet, 4 , 000 square feet throughout the existence of this park. And while you are correct that the Zoning Ordinance has changed in some regards, I think the Health Department has some minimum requirements in conjunction with the County and Planning. Well that has changed, but nonetheless these homes have been serviced with individual septic systems on forty 80 X 50 lots, and the lots that are being proposed are 65 X 90, so it is a proven fact, the facts are proven that individual septic systems for lots would work. The reason why we have to have a larger lot than the smaller ones of the past history is that homes are a little bigger than they were, they are bigger today than they were in those days. We have larger manufactured homes. Now as far as the locale and what the mobile home means in that area. Mobile home industry has changed significantly in the last twenty years since the enactment of the Zoning Ordinance, it is no longer a rural phenomenon, its a parks are becoming available to the people, particularly the older generation who has limited income, and the younger families who need the housing and then Mr. Beard's park they have strict limitations on the type of people and families who can come to this area and afford the housing that is available. And, for example, there is no tolerance for trouble or Verbatim Transcript - VA-87-86 Page 9 people who make trouble. Now if he if he should inform this Board of Zoning Appeals that this is only an initial step that other than the variance he seeks today he still has to go through the special use permit from the County of Albemarle, and (inaudible) any Planning Commission approval of the site plan. So what he's asking, and then what he is asking here is a is a variance in order to initiate those steps. I mean the Board of Supervisors doesn't have the authority to grant a variance of the ordinance, nor does the Planning Commission. So we were sent here to begin this trip. Mr. Beard is willing to adhere to conditions if this variance is granted which include hook up to the line when it comes through and Mr. Rossie is predicting somewhere between three and seven years before it comes through. He agrees to hook everyone of these homes up, 27 homes up to that system at his cost. In addition he to get along with his neighbor he is willing to put up the six, put white pines. Although she has a heavy tree, as far as the rear of the house she has a heavy tree tree line. He is willing to do that as well. As far as Mr. St. John: Can I interrupt you all just a minute. I've got an emergency. My son has been in a wreck, and they called me. And there is nothing that I can do, but see if we can if you have some legal questions for me. (Inaudible) Mrs. Huckle: May I ask Mr. St. John a question? Mr. Kennedy: Go ahead. Do you have just a minute? Mr. St. John: Oh sure. Mrs. Huckle: I will make it real quick. It seems to me that if we are approving something with only 6, 000 square feet instead of 40, 000 square feet that we are doing a rezoning, and I want to know if we are able to do that in this case? These are 26 or 27 units instead of 40, 000 square feet because they only have public water, and they want to reduce the size of each one with a septic tank to 6, 000 square feet. Mr. St. John: I need to ask to educate myself about this if I can in order to answer that question and maybe this has already been, you have been told about these facts but I haven't. I wondered about them when I saw this. What kind of water and sewer provision do these mobile homes have? Mr. Dick: Presently its got a central water systems and all the homes that are out there now have individual septic. Verbatim Transcript - VA-87-86 Page 10 Mr. St. John: And it's, these additional ones are going to be on individual septics also, right? Mr. Dick: Until the interceptor line comes through and he will hook up to that. It is zoned R-4 . Mr. St. John: O.K. But these, these additional ones will be on the same, they don't have a center, they will be part of a central the same or another central. Mr. Dick: They will be on (inaudible) Mr. St. John: They are not going to have individual wells. Mr. Dick: No, sir. (Inaudible) Mr. St. John: But they are, each one of them are going to have an individual septic system. Mr. Dick: That is correct. That is correct. It is zoned R-4 and it is 25. 2 acres. Mr. St. John: Right, the zoning is not what is at issue here. It is the fact that you have individual septic fields and according to this regulation when you have water but you don't have central sewage, you are suppose to have 40, 000 square feet. Mr. Dick: That's right. That is the variance we are seeking. Mr. Kennedy: And what we are looking at is what, 5, 800 or 5, 850 square feet. Mr. Dick: 6, 500 square feet I believe. It is 95 by, 65 by 90 feet. It is about whatever that comes out to. 5, 800 square feet. Mr. Kennedy: That's what I. 5, 850 I figured. Mr. Dick: 5, 850, that's right. Mr. Kennedy: O.K. The variance is then approximately. Mr. Van Fossen: 35, 000, 34, 000 square feet. Mr. Kennedy: 34,000 square feet. Verbatim Transcript - VA-87-86 Page 11 Mr. St. John: Then may I ask by what, by what theory is it that that there is something unique about this situation you know that takes it out of the ordinary rule. I mean that is the point. Certainly it's, unless there is something that makes this unique and makes these regulations so that there is a hardship here that wouldn't apply to any place else and that the regulations really shouldn't apply here. Mr. Dick: We haven't (inaudible) We haven't presented that part of it yet. Mr. Kennedy: O.K. Well Mr. St. John: You do this Mr. Kennedy: Well we get into a place where we, I think if your situation here today, if we need legal advice we might have to listen to Mr. Dick and Mr. Beard and we might have to defer our judgement in this, and get you back up to speed in whatever help we would need. Mr. St. John: Just from this, you know, it seems to me this is a pretty radical thing to be done by a variance here, to put it that way. I am not advocating what you do. You haven't even heard all of the evidence. But for this, something like this to be done by a variance is a radical thing in my mind. But you can't tell whether there is justification or not. Mr. Kennedy: Well, we have not heard it all yet. So Mr. St. John: Yes, you have not heard it all. But if you need something further, I wonder if I could go ahead and maybe defer this until another meeting so that I could be here. Mr. Kennedy: Well, let's see. I think we might have to. Mr. St. John: If there is legal, you know unless Mr. Kennedy: It is quite a, it's quite a large project so we might have to do that. But, they are already here to go so we. Mr. Dick: I would just like to say that the word radical is kind of prejudicial to us in a sense that Mr. St. John has not had the benefit of the presentation. Mr. St. John: Maybe that is true. Verbatim Transcript - VA-87-86 Page 12 Mr. Dick: And I wouldn't want that to presuppose. Mr. Kennedy: We will say that it is different, how's that? Mr. Dick: It is definitely a big variance, but it is not a radical one, I can tell you. And it is not a rezoning. Mr. Kennedy: It is a variance, that is all. Mr. Dick: That's right. (Inaudible) Mr. Dick: It is the only way to do it, and that is why we are here. Mr. Roberson: Is he hurt? Mr. St. John: I don't think so, but he is, his sister is out there and everything and there is a big, there is trouble out there and the vehicle is totalled and everything you know. So they called and said that I better come out there. Mr. Kennedy: Yes, alright. Well good luck. Mr. St. John: So if you don't mind. Thank-you. Mr. Kennedy: Sorry it happened. Mr. Dick: I hope he is alright. Mr. St. John: (Inaudible) (Inaudible) : Right here George. You had it when you walked up. Mr. Kennedy: O.K. , Ben go ahead. Mr. Dick: The development that Mr. Beard is seeking is consistent consistent with the use of this land that has been used history which predated the Zoning Ordinance. 40, 000 square feet per unit where there is a central water system is a requirement that came after the use of this land. Now Mr. St. John is not here, but the Virginia Code says you cannot, the Zoning Ordinance cannot destroy vested rights. The one point in Verbatim Transcript - VA-87-86 Page 13 the history of this matter which was developed before me, the County Building Department has granted umpteen permits to put additional homes on this land and as timing. And that was with the prior owner. The prior owner bought sold this land to Mr. Beard, who bought it in good faith and he had some great reliance on those permits and for whatever reason the Building Official and Building Department of Albemarle County said we are not going to put any faith in those permits. And they took the position that you can't keep putting homes here even thought it had been done this way. Mr. Kennedy: I missed something there. What, what permits were those? Mr. Dick: Well the, I am not specifically clear on it, but in that this (inaudible) park was really in fact a nonconforming use because see prior to the R-4 zoning, it was zoned inconsistent with a mobile home park and I think it was zoned Rural Agriculture, and you could only have a mobile home park with a special use permit. And he went through all of that rigamarole and then the County with its rezoning, I believe in 1982 zoned it R-4 . O.K. Mr. Kennedy: What is R-4? Mr. Dick: The property in question. Mr. Kennedy: I mean what is that type of zone? (Inaudible) Mr. Dick: That is high density residential. O.K. Four units per acre, bonuses, you know you take the full 25. 98 acres and multiply it by 4 units per acre, you get 100 units. Mr. Kennedy: It also says that it is LI. What is that? Light Industrial so is that? Mr. Dick: Well down in the front end of the property the County had zoned that Light Industrial. Because you got industry that is consistent with the LP Gas property that is zoned. (Inaudible) This strip right here is zoned Light Industrial. O.k. And back here is going to be your industrial park. Mr. Kennedy: Let me explore something with you. Mr. Dick: Sir? Verbatim Transcript - VA-87-86 Page 14 Mr. Kennedy: Apparently there is no provision for a trailer park in the ordinance, except by special use permit. Is that right? Mr. Dick: In the R-4 zone the section is Mr. Van Fossen: May I make a comment? Mr. Dick: 15, 15.2 subparagraph 14 . Mr. Van Fossen: May I make a comment while Mr. Dick is doing that? You know, I just, you know I was thinking about my own house and septic lines that I have there and all the house of course has been there for a long period of time. But you know a couple of bathrooms and they are required that the lines be a 100 feet. and I assume they are probably 10 or 15 feet apart. So you know a septic field for a residence that I have is only 6, 500 square feet or something like and all and some of these trailers I am sure are two, two baths too. So why is the ordinance requiring 40, 000 square feet per unit? Mrs. Huckle: That is because there are so many, many septic systems in this County which have failed. There is a trailer park in the Crozet area, at least there was a couple years ago, that had individual septic tanks for each and that had to be pumped out at least once a week. And what do you do with the septage that you take out. They took it out and dumped it into a field where it ran into a creek. But this, that is the reason that this 40, 000 square feet requirement was put into the ordinance and not to make people unhappy, but to protect health and safety which is a very important feature of government. Mr. Van Fossen: 40, 000 square feet though is a lot of land. Mr. Dick: Sure is. It's an acres. Mr. Huckle: Well, you have to have your house and you have to have your driveway and then you have your, your drainfields and it depends on the number of bedrooms that you have, how big your drainfield needs to be. Mr. Kennedy: O.K. , well I guess that's what you are getting at is basically what I am getting at is, the question is really Ben knows what I am asking. How do you get a trailer park? Mr. Roberson: Under the ordinance. Verbatim Transcript - VA-87-86 Page 15 Mr. Kennedy: Yes. Mrs. Huckle: It is suppose to be in an area where they have water and sewer. Mr. Kennedy: Go ahead. Mr. Dick: Well, the whole idea was you know in this case you can't make a general broad statement of trailer parks in this instance you have a trailer park that is going to be next door to an interceptor line. Of which when it goes in you know he has agreed that he will connect to that. As far as his sewage it is picked up on contract basis and all dumped into the Moore's Creek Sanitary Facility. So there is no dumping of sewage in the field like Crozet Park. And I know the park that she is talking about and Mr. Evans does too. That park has had a long history of problems that go way back. And that is not the case here with Cedar Hill. They have had maybe two, two or three lots in its entire history that had problems and they just shut those down and don't rent them. But what you would require here is individual health department approval for each and every lot. And what that was going to require is a soil scientist to go out there and bore. And I don't, just one or two, three places, but on twenty-seven individual lots and say yes this is going to perk. The Health Department would be the first to tell you that that's more than ample disposal space. And unlike what you said Mrs. Huckle this is not going to have a driveway to the house and outbuildings. You are going to have the mobile home and you park outside on the street and you walk into your mobile home. It is a little foot path to your door. So, so that, the question how you get a mobile home park. Well if you had to do 40, 000 square feet per unit you would have a horrendous mobile home park. I mean you would have require horrendous area. Now almost an acre per mobile home. And you know that's, that's just not what what is happening out there in the real world. Verbatim Transcript - VA-87-86 Page 16 Mr. Kennedy: You have to get a special use permit even if you had the 40, 000 square feet? Mr. Dick: Well the, we do have to get a special use permit even in the R-4 zone. Mr. Burgess: Let me, let me (Inaudible) make a comment though. In the special use permit section of the ordinance it speaks about a use that is a legally existing use which this is. As long as you do not expand past parcel lines then an additional special use permit is not needed. I have already talked with John Horne, Director of Planning, and it has already been determined that no special use permit is needed. The issue of site development plan still is a question. But there is no requirement for special use permit as long as he does not expand over any parcel lines. Mr. Dick: Alright, that's good news. That means we don't have to get a special use permit, but we still have to comply with the site development plan. Mr. Burgess: Potentially we haven't even determined yet that is in question also. Mr. Dick: Well, that would be even grand. Maybe just get down to a variance. The fact that this man is willing to connect to the interceptor when it comes through in itself will take care of the public interest, in my opinion. It is not that far down the road. You know when he started on this back in 1983 , and in '84 that, that was possibility was remote. Now it's as you can see from the Service Authority it is being negotiated. Now what we have getting back to the legality of a variance. Now if you go to the Virginia Code, Section 15.21-495, it says the powers and duties of the Board of Zoning Appeals, and then down in the third paragraph, when the property owner can show that his property was acquired in good faith, which it was, where by reason of the exceptional narrowness, shallowness, size, and shape of a specific piece of property at the time of the effective date of the ordinance, this property existed before the effective date of the ordinance, where by reason of exceptional topographic conditions or other extraordinary situation where condition of such pieces of property or the condition situation of the development property immediately adjacent there to it. The strict application of the terms of the ordinance would effectively prohibit one reasonably restrict the utilization of the property or the Board is satisfied upon the evidence heard by it that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege. So in effect without Verbatim Transcript - VA-87-86 Page 17 this variance, this existing mobile home park cannot go any further. And this part of the land, which was the original parcel in effect cannot be used because the County requires 40, 000 square feet per unit where you have a central water. And so I feel that the ordinance which was enacted after this land existed as unnessarily restricted the utilization of a property for the use in which it was orginally intended. And that is as clear as as you know it is factually evident for me as anything that was in this photograph. Now the Virginia Supreme Court has established the standards of review by the Board of Zoning Appeals in the case of Board of Zoning Appeals versus Bond. And that is a 1983 case. And they said that a variance may be granted when owning to special conditions of a literal enforcement. So if you literally enforce this you might get three units on the property. Three more mobile home units. If you literally enforce it. The variance may be granted when owing to special condition a literal a literal enforcement of the ordinance will result in unnecessary hardship. Now what is a unnecessary hardship? It is defined legally an unserious, an unnecessary hardship exists when quote a strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the use of the property or cause a clearly demonstrable hardship approaching confiscation instead of a privilege. So the Virginia Supreme Court has defined for you, the standards of review as well as what is a unnecessary hardship. And that is that it effectively prohibits or unreasonably restricts the use of the land. Now to give you a comparison, here is a zoning board case in which the family built a single-family residence on their property. (Inaudible) And built a garage, and then several years later they converted the garage to a family rental, a separate apartment for their son. O.K. They went to the Board of Zoning Appeals because the County came out and said you can't have two dwelling units in this zone. And they said well that it was not really a dwelling unit, it was just a place for our son to live. Well because of the structure and everything it was considered a duplex. Well they granted the variance, but the Virginia Supreme Court reversed saying that the zone was clear in its intent in the beginning and you couldn't have two dwellings in a single dwelling zone. And so there was no hardship. Well that is a perfect case in where a variance should not be granted, as compared to a zoning case in which the land owner buys land, as this statute says in good faith and it has always been there and the County itself has taken it from rural agriculture to R-4 zoning status. In other words, the County itself has increased the density of this property by that zone. The literal interpretation or the application of the Zoning Verbatim Transcript - VA-87-86 Page 18 Ordinance would prohibit Mr. Beard, regardless of the zone from going on with what this land was orginally intended to do. So in granting the variance with conditions that one, that he hook up with the interceptor when it comes through; two, that he have Health Department approval, which means he's going to have to bore each individual lot to make sure that these septic systems would work; and three put up for his neighbor's purposes a tree line. I think Mr. Beard is generously agreed to do the things that he may not otherwise have to do. But he wants to do it because, ladies and gentlemen, without it they are losing their investment here. And that's also put in a factor this into the equation unless you knew about Cedar Hill Trailer Park you could almost drive by there and never know it was there, except for the homes that are down here and some remodeling going up here in their office. We have a couple of homes down there now. And when everything is cleared away you would have to almost drive all the way up here to know that there is a mobile home park there. So as far as diminishing the value of this lady's land you've got an industrial park behind it and industrial zoning on the strip, commerical zoning over here, and a mobile home park I can't see how our land is going to do anything but go up in value. Even with the 27 additional units. Mr. Roberson: Ben, let me ask you a couple questions. Mr. Dick: Yes, sir. Mr. Roberson: How does this proposed expansion area differ from what is already there in a similar size area? Mr. Dick: It is the same thing. I mean the alignment of the homes that you see is going to be same, the same. Diagonally alignment that we have here (inaudible) Mr. Kennedy: The difference is that the trailers don't exist. Mr. Dick: The difference is that the trailers don't exist. Mr. Roberson: That is the only difference. Mr. Dick: Yes. Mr. Roberson: I mean the same area is already supporting in adjacent area what he wants to put here. But let me ask you this? You're saying that the ordinance says that a 12-room, 6-bedroom, 6-bathroom house requires the same 40, 000 feet as a 1-bedroom, 1-bathroom mobile home, literally? Verbatim Transcript - VA-87-86 Page 19 Mr. Dick: That's right. Literally. You see you got, if you didn't have central water it would be, what is it if you don't have central water or sewer? Mr. Evans: If you don't have either, either utility you have to have 60, 000 square feet or an acre and a quarter. If you have one utility it is 40, 000. Mr. Dick: So, so we meet the one utility. We have central water. And as I said our sewer gets hauled out by contractors to the Moore's Sanitary Plant. Mrs. Huckle: How often do they do that? Mr. Dick: Pardon. Mrs. Huckle: How often do they do that? Mr. Beard: When it is needed, which is about every two years. Some, some a little, some a little sooner than that. (Inaudible) Mr. Kennedy: Go ahead. Mr. Beard: We restrict the people that move in. We only allow four people to a home, and we only allow a maximum of two children. When a lady is divorced and has three children she she qualifies under one section of our rules and regulations in that there are four people to the home, but she disqualifies because she has three children. We only take a maximum of two children because of the fact that it is on septic tanks and drainfields. Mr. Dick: What are your tanks that are in the ground? Mr. Beard: Right now they are 750 gallon tanks, most of them. Mr. Dick: And what would go in? Mr. Beard: Whatever the County would say, 1, 000 gallon or 1, 200. (inaudible) Let me interject one other thing that the existing park is as Mr. Dick has has pointed out has been there for more than 20 years. The existing drainfields are about 300 square feet and they have been operating for 20 years. The new regulations state that they have to be at least 800 square feet Verbatim Transcript - VA-87-86 Page 20 for a 2-bedroom room home, 1, 000 square feet for a 3-bedroom home. That's almost 3 times bigger, 3 times what is existing in the old part of the park, and it has been running for 20 years. Mr. Roberson: But you can meet that requirement with these new lots? Mr. Beard: 1, 000 square feet, sure. Mr. Burgess: If, if the Board is inclined to bother reasoning with Mr. Dick and grant some relief from section 4 . 1. 2 , which is the 40, 000 square foot requirement, I have, that's that's your prerogative but that still doesn't let us out of 4 . 1. 1 which states states for parcels served by both a central water supply and a central sewer system, which is represented as eventually having, the minimum area requirements of the district in which such parcel is located shall apply which brings us back to a minimum lot size of 10,890 square feet and we are looking at something substantially below that. Mr. Dick: O.K. Where is that, Charlie? Mr. Burgess: That is in section 4 . 1. 1. Mr. Dick: Yes I mean the Mr. Kennedy: We are backing into Mr. Dick: The R-4 , the R-4 zone Mr. Kennedy: The minimum requirements. Mr. Burgess: Yes, then the 10, 000 brings us right back to the R-4 zone to the minimum lot size. Mrs. Huckle: We're backing into rezoning then. Mr. Dick: Well there is bonus levels to be applied also. Mr. Burgess: That's, that's correct. Mr. Dick: And there are there's also available to us proferred, proferred zoning. Mr. Burgess: Yes. Mr. Dick: The way he has come up with these units is enough units to continue to support this property. Verbatim Transcript - VA-87-86 Page 21 Mr. Burgess: Yes. Mr. Kennedy: Financially? Mr. Beard: Financially. Mr. Roberson: So, so if you, so if the if the sewage line comes through what would be the, could he meet the requirements with what he is asking? Mr. Van Fossen: Charlie says he has 10, 000 some odd square feet. Mr. Burgess: 10,890 if he came up, if we were able to reward some some bonus factors he could reduce the lot size down to 7 , 260, which is still a little bit more than than what they are looking for. But that is a possibility and Ben one of the, of course, bonus levels is low and moderate cost housing and one of which is item F which states mobile home lots for rent in an approved mobile home park shall qualify for this bonus provided the developer shall enter into an agreement with the County of Albemarle, etc. But you know that, that would be one if these are lots for lease that, that is one bonus level we could probably immediately look at. Mr. Dick: Well, that's a requirement we may have to look at that also. We may have to, I don't know what the magic is to the square feet, but I think maybe it is some of what Mrs. Huckle says is that you've got to have your driveway and a place for your cars to park and which the requirements are not necessarily applicable to a mobile home park. Mrs. Huckle: What's the Mr. Dick: Because none of these, none of these mobile homes now have garages for their cars. Mr. Kennedy: One of the issues is, what you're getting really back to is a financial situation because you can still use that parcel. You are going to be limited to just about an acre per trailer. So then you say well that financially that is just not feasible, and then the question is what is where is the break even point when you back off from an acre which is required to what you're proposing that you can that you want. Mr. Dick: Well it is my Verbatim Transcript - VA-87-86 Page 22 Mr. Kennedy: So I might ask you, what financial, the land has been owned for years. Mr. Dick: That's right. Mr. Kennedy: And and I take it you have to put in some roads. Mr. Dick: Yes. (Inaudible) These are serviced by subdivision roads and they are large flat roads. Mr. Kennedy: You have to put in some roads, you have to put in what•, who owns the trailers? Mr. Dick: The trailers are owned by the park. Mr. Kennedy: Owned by the park, (inaudible) so you have to invest in your trailer. Mr. Beard: They are owned by the tenant. Mr. Kennedy: Owned by the tenant. Mr. Dick: I am sorry. Mr. Kennedy: And then you've got the investment of the road and the septic field. That's it. And maybe some lines, electric lines. (Inaudible) Mrs. Huckle: Well, of course, we're not suppose to consider profit in our deliberations, are we? Mr. Dick: Well without a variance. Mr. Kennedy: Not solely. Mr. Dick: He is not going to be able to continue with a use that predates the Zoning Ordinance in the sense of any expansion on the existing lot. You can tell that the way this lot is developed that this that this was planned. As I said Mr. Kennedy: Well what Mr. Dick: As I said before the County at one time issued all, how many more permits did they do? Verbatim Transcript - VA-87-86 Page 23 Mr. Beard: The park had a permit for 170 spaces issued in 1970, I think (inaudible) by the County of Albemarle. Mrs. Huckle: Has it lapsed now? Mr. Kennedy: What does that mean? I don't know what that means. Mr. Dick: And if this improvement is made there is going to be less than 100, there will be 90. Mr. Beard: There could have been 170 mobile homes put out there on the 26 acres. And the original owners in 1970 put one mobile home a month in there, put in one lot in 1970, they could put in 170 spots. There would have been 170 mobile homes on that property. Mrs. Huckle: Why didn't they I wonder? Mr. Beard: I have no idea. Mr. Dick: The man, the man wasn't there. Mr. Roberson: Who, who did you buy that from? Mr. Beard: The Hill Brothers. They were absentee owners. There was one who lived in Springfield, Virginia; and the other one lived down in Bedford, Virginia; and one lived in South Carolina. Mr. Dick: And then the Crenshaws had it after that. (Inaudible) Mr. Roberson: I have been on this Board twelve or thirteen years and it has always been my feeling that the Fisher Board of Supervisors was never friendly to the concept of mobile home parks. They obviously never did anything in the ordinance to give them a opportunity to exist. Mr. Dick: They have now. It has been enacted in 1986 that in the R-4 zone, which is this zone, they've enacted mobile home park. Mr. Roberson: With 40, 000 square foot for a mobile home. Mr. Dick: Yes. Mr. Beard: With both utilities. Mr. Roberson: That is not practical in Albemarle County. Mr. Dick: No, it isn't. Verbatim Transcript - VA-87-86 Page 24 Mr. Beard: With both utilities you are allowed 4, 500 square feet. If I was to go into town, outside the town limits and buy property that had water and sewer available to it and it was zoned R-4, I could put in mobile home lots that had 4, 500 square foot. Mrs. Huckle: And I'd vote for that. (Inaudible) Mr. Beard: That exists now. Mr. Dick: That is going to be bigger (inaudible) Mr. Kennedy: The ordinance is there. I am not that familiar with it that part of the section because we have not had a case in that area. But the ordinance is there and you've got a mobile home park ordinance. What does it say if you just have the central water system on it? Are you back to 40, 000 square feet? Mr. Dick: Well the minimum size of a mobile home parks. Mr. Van Fossen: That is what Charlie read just now. (inaudible) even if you've got water and sewer. Mr. Dick: Now in the Zoning Ordinance in 5. 3 . 1, a mobile home park shall consist of five acres or more. So we clearly meet that. Mr. Kennedy: Well, what about the individual lot size? Mr. Burgess: O.k. , it it says in 5 Mr. Kennedy: (Inaudible) In that case, in our case under that ordinance, what do we have? Mr. Burgess: O.k. In 5. 3 . 3 . 1 it speaks of the 4,500 square or more with a width of at least 45 feet. In the next section, it says mobile home lots served by either a central water or central sewage system shall consist of 40, 000 square feet or more and shall have a width of 100 feet or more. So it is specifically stated in the mobile home section that was placed in here in a section that was repealed and the section reenacted March the 5th, 1986. Mr. Dick: My point is that all that has been enacted since the Mr. Burgess: Yes. I Verbatim Transcript - VA-87-86 Page 25 Mr. Dick: Well after this this land existed. Mr. Burgess: I agree with you. Mr. Kennedy: I am just trying to get what the ordinance was trying to recognize as be proper area for a mobile home lot that was only served by a central water system. Mr. Dick: 40, 000 square feet. Mr. Burgess: 40, 000 square feet. Mr. Kennedy: 40, 000 square feet. Mr. Burgess: Can I, can I ask you? Mr. Kennedy: The County has spoken on that. They said that is what we want. Mr. Dick: That's what they want. Mr. Burgess: Can I ask Mr. Dick? Mr. Dick: On an individual lot now. A park is different, right? Mr. Kennedy: Well wait a minute now, I thought that was a Mr. Burgess: This is, this is a Mr. Kennedy: mobile home park ordinance. Mr. Burgess: This is the section pertaining to mobile home parks, which is the section which would be, here is the other dichotomy, I guess. This is the section that we would use for design standards subject to approval as required in Section 31. 0, which is special use permits which Mr. Dick is not required to get. So the applicability of this section I don't believe exists. So we have to go back to the general regulations in Section 4 . 1. 2 . Mr. Kennedy: But nevertheless it expresses the intent. Mr. Burgess: It expresses the intent. Mr. Kennedy: And the intent if you were coming in with a new mobile home park and you only had a central water system, your special use permit would have to be requested with a plan for 40, 000 square foot lot. Right? Mr. Burgess: I guess the other point of contention for Mr. Dick is in that the the section that the variance was being sought from is a section which was enacted in June of 1981. Verbatim Transcript - VA-87-86 Page 26 Mr. Burgess: If I could ask Mr. Dick a question. Mr. Kennedy: I recognize that. I was just trying to get what the current thinking was in this situation. Mr. Burgess: O. k. , if I could just ask one question of Mr. Dick and/or his client. Mr. Kennedy: Go ahead. Mr. Burgess: Someone made the statement just a few moments ago about some previous platting of of parcels there. Was that any type of plan that was presented, that you know of, to a County Department and approved? Mr. Dick: My understanding and I have some familiarity with it, I use to be in the County, was that the Ordinance was enacted in 1968 and like two years after that the owners came to the County and said we're a nonconforming use, we are grandfathered and we had all of these plans and they went ahead and the Zoning Administrator at that time and the Building Official granted what was a fact 177 . Mr. Beard: 170. Mr. Dick: 170 permits to make the whole thing legit. And between 1970 and 1975, in fact it might have been me, who said those permits may not have some validity to them because at the time we weren't sure what a nonconformity lot was and what you could do within it. There was a lot of debate over that. But aside from all of that the the literal language of the Ordinance and its literal enforcement today imposes a hardship. There is no way that he is going to be able to continue with the development of this property as it has been in the last 25 years without a variance. That is all • that there is to it. Mr. Roberson: How many square feet has he allocated to each one of these 26 spaces? (Inaudible) Mrs. Huckle: 5, 800. Mr. Roberson: 5, 800. Verbatim Transcript - VA-87-86 Page 27 Mr. Dick: 5, 850. Mr. Roberson: 5,850. And what was it you said, Mr. Beard, about 41? Mr. Beard: (Inaudible) If you have a piece of property that is serviced by both utilities, you can have as small as 4 , 500 square feet and it is in the County Ordinance for mobile home parks. Now if you have to Mr. Roberson: So you can easily meet these requirements if and when the (Inaudible) Mr. Dick: The interceptor line comes through. Mrs. Huckle: Of course if it is going to come out as soon as Mr. Dick said you won't have to wait too long then for it. Mr. Burgess: Yes, yes if we go with that then. (Inaudible) Mr. Dick: Well, let me tell you. Four years ago they told me it was going to be fifteen years. Now four years later it has gotten (inaudible) Mrs. Huckle: So you could, you could wait a little longer. Mr. Beard: I wouldn't want to. Mr. Roberson: Well, sometimes you've got to push people too by necessity. Mr. Dick: And not only that you've got a sign up for the use of the line, and we're we've made our intent known and we are signed up. But it's not. The developer in the County got to reach terms before that happens. And in that case, and in this case the developer is Wendell Wood and they fight all the time. Mr. Kennedy: See if you are making, making a case for this as a nonconforming use, the only problem is that do you make separate parcels for trailers and plat those and record them in the Clerk's Office? Verbatim Transcript - VA-87-86 Page 28 Mr. Dick: No, I think Mr. Kennedy: For mobile homes. Mr. Dick: Well they said we may not be bound even to a site plan, but we are proceeding on the basis that we are bound to the site plan and that would be your, that wouldn't be a plat, it would be a plan with the County. Mr. Kennedy: But if you'd of, if you'd of had a plat back in 19 , when this property was first purchased and started to be used and apparently for the intent of a mobile home park or the whole expanse of it because you say you got 170 permits and that is no more than what you are asking for now, right? Mr. Dick: Now we are asking (inaudible) Mr. Kennedy: If you would have put that to record as individual plats you wouldn't be here before us. You would have a right to use that, right? Mr. Dick: That's right. If we had all of that, but we don't have them. Mr. Burgess: No, no such plat exists. Mr. Dick: I don't think so. Mr. Beard: I, I have a plat but I, but whether it was ever received by the County, I have no way of knowing. Mr. Dick: You've got 20, 25 acres here and 4 units per acres under Z, R-4 . So the most that you could have was 100 units by the present day zoning and what he is adding here of total units is going to be 98 units. Mr. Kennedy: What I think that this situation has a special case of uniqueness because it really appears that it started out the whole area that the man owned to be a mobile home park. And it, running into problems now because it was never fully developed. Mr. Dick: Right. (Inaudible) Mr. Roberson: Well the ordinances have tightened up over the years. Verbatim Transcript - VA-87-86 Page 29 Mr. Kennedy: Never used. Some of it was never used. But the land has been sitting there for this use (inaudible) . Mr. Burgess: But if such documentation was presented to the County to show the total amount of lots at some point in time and in all honesty we have not searched for such documentation prior to this meeting. Then Mr. Beard probably has a vested interest in the project if such documentation exists. Mr. Beard: I presented Mr. Burgess: And all of this would be a new point. Mr. Beard: I presented a copy of the permit to Mr. Keeler. Mr. Keeler told me that there, that it could not be used because it was it had basically been abandoned since there had been no work done on it for a number of years. (Inaudible) Mr. Beard: I even went, I even went to the extent I had counsel inform me, I showed them the permit and said, you know, what can I do with this? Go ahead and ask for a lot to be inspected by the Inspections Department? I called the Inspections Department and asked them to come out and inspect and they threw a fit. Mr. Burgess: O.k, you know if if some documentation does exist I would of course have to refer it to Mr. St. John for a legal opinion, but you know if, if someone has. Say in the case of a subdivision, we have certain time limitations for which you have to commence development of the project, but (inaudible) Mr. Kennedy: But if you have a, but if you have a, you don't abandon a nonconforming lot ever. Mr. Burgess: No. Mr. Kennedy: That's right. Mr. Burgess: No. So I'm saying if that exists that then Mr. Dick and his client probably have a vested interest in the project and probably has that plan whatever way, shape, or form that exists, if we can find it, then they would be able to proceed on that basis. Mr. Kennedy: It seems to me a key element is that we are not looking at something that is new, we are looking at something very, very old. Verbatim Transcript - VA-87-86 Page 30 Mr. Dick: Right. Mr. Kennedy: If this were a new application for a variance for a mobile home park, well. Mr. Dick: (inaudible) Preexisting I can tell you that. (Inaudible) Mr. Kennedy: (inaudible) for everything. Mr. Evans: The only thing I might interject is I did some research on it, and I did when Mr. Beard first came to the County and I think that was probably 1983 , '84 or something, but I talked Mr. Dick: 1979 Mr. Evans: Well you came before that, but before I ever meet with you I researched and I looked up and I did find the permits that were actually taken out for the 170 units, but they weren't validated. Only a certain number of them were ever used, so the others just were made of record. So that is why he didn't Mr. Dick: Were they building permits? Mr. Evans: They were actually building permits at the time. All you needed to do back in 1970 was come in and fill it out for financial reasons to go through the Finance Department so they could tax you. That was the only purpose that they were really. There was Inspections Department in 1970. There were no inspections required. Mr. Van Fossen: How are we resolve this, Mr. Chairman? Mr. Kennedy: What? Mr. Van Fossen: How are we going to resolve this? Mr. Kennedy: I think that we are going to have to defer it and get that evidence. Mr. Dick: Well the thing is. Mr. Kennedy: I mean we now are just listening to people and if those permits existed we would like to see it. Verbatim Transcript - VA-87-86 Page 31 Mr. Dick: I guess I have the benefit and I don't think it's a unfavorable one, of having some knowledge as the Zoning Administrator when I was in the County and what I know the County fought with Mr. Beard at that time was that those building permits, it was 170 some odd permits was far in excess of what the, what was it Ray was far in excess in what the County would allow? Mr. Beard: It was far in excess but it's by today's standards or even four years ago standard, the property will not accommodate 170 units. Mr. Dick: Right. Mr. Beard: They couldn't. The mobile homes are so much bigger now than they were in 1970. Mr. Kennedy: What difference does that make? Mr. Dick: Well the thing is, what I am trying, driving at is that he has rolled and tumbled through the County offices now for almost five years. Now you know you can't do this, do that, or do this or that. And I got into the case after many people looked at and said it looks like to me it comes down to a simple question of a variance with a condition to hook up the interceptor and then you conform you know for those additional units. Because if you go back, Mr. Kennedy, to the to all of the history that Andy is talking about and what the 1970 permits meant, I think it is going to raise the hackles of other entities, like the Board of Supervisors or the Planning Commission, who have a legitimate interest in not seeing a mobile home park having 170 permits which Mr. Beard himself says will not, but the land would not handle. So actually what with all that we have involved throught all of that and we're really down to this point now that you all have it you're the only body o.k. as a matter of law that can grant this the variance. And the hardship is there in my humble opinion. And you have the benefit of this gentlemen willing to ask for this variance and agree to hook up to the interceptor when it comes through. So he can get on with his life and his property. So I would ask that the Board move on the motion, move on a motion to consider the variance. And if Mr. Beard wants to get back with Mr. Burgess and, which I don't think is going to happen and talk about this 170 permits, that's that's another day. But today I Verbatim Transcript - VA-87-86 Page 32 think if you give him the variance he is going to proceed with the variance that he got. And I think everybody in the County will be a lot happier. And we went through Mr. Horn's office and went over all of this and he said that this was an existing mobile home park and I don't think we'll have any problems with this development as long as you will hook up to the interceptor when it comes through. So that is why we are here. Yes, ma'am. Mrs. Huckle: Could I ask a question? You say you are trying to put all of these 26 units on 6 acres. Is that what you said? Mr. Dick: It's, it's a little over, it is almost 4 acres remaining in the parcel. Mrs. Huckle: O.K. Four acres. There seems to be a lot of land in this picture down here. Couldn't you scatter those around and get more square footage for each one? Mr. Dick: Mrs. Huckle, this land right here is steep and inclines slopes all through here. The topography which there would be tremendous grading. Mrs. Huckle: What is the topography like up here? Mr. Dick: Literally flat. (Inaudible) Mrs. Huckle: What about over here? Mr. Beard: Very steep. (Inaudible) Mr. Beard: This comes out to a (inaudible) It is kind of flat right here. It starts to slope way down here (inaudible) and flattens out a little bit. Mrs. Huckle: So you could put some down there. (Inaudible) Mr. Evans: Jesse just threw them away. Mr. Beard: We could. The general plan, the original plan would have 170. (inaudible) You will notice this street here. The old plan that street was not there. This street was all the way down, and this street went straight, and this one came straight, and another one that I am proposing here that came down and emptied into one collector street that came all the way over to the main street here and went out to 29 . (Inaudible) The reason, I know Verbatim Transcript - VA-87-86 Page 33 you said why not use this down here (inaudible) has been approved for mini warehouses in conjunction with the with the mobile home park. Mrs. Huckle: Well I certainly sympathize with the need for this low cost housing and I would you know agree in a minute if it had the the sewage. Mr. Roberson: Well one thing that is not going to influence me and that is the the health aspect because that that is a decision that would have to be made by experts and if they run into a sewage problem the Health Department will shut them down in a minute the whole thing as much as necessary. Mrs. Huckle: No they won't because they have never done that to the one in Crozet. Mr. Roberson: They will, they don't, they can't. Mrs. Huckle: They can, (inaudible) but they won't. (Inaudible) Mr. Dick: We can't get a lot permit. We can't a lot permit without Health Department approval. (Inaudible) Mr. Van Fossen: The one in Crozet will be solved pretty soon, because the sewer line is right beside it. (Inaudible) Mr. Kennedy: Alright, Mr. Evans had a question. Mr. Evans: No, I just wanted to read this memo into the record. I don't mean to butt into Ben's, but it's to Charles Burgess from John T. P. Horne, Director of Planning and Community Development. This department would to comment on the following variance petitioned to the Board of Zoning Appeals. This department feels that approval of a variance of this magnitude for the addition to this mobile home park would be clearly in conflict, conflict with the purpose and intent of the mobile home park standards contained Verbatim Transcript - VA-87-86 Page 34 in the Zoning Ordinance. There has been a history of septic system problems at this and other mobile home parks that were developed at higher densities with septic field and approval of this variance would be adding to or perpetuating this problem. Expansion or establishment of this or other mobile home parks should meet the requirements of the mobile home park standards in the Zoning Ordinance which was clearly the intent of the Board of Supervisors when they approved those standards. If you have any questions, please do not hesitate to contact me. Mr. Roberson: Who was that from? Mr. Evans: That was from John Horne. Mr. Dick: I, I .think he is talking about the standards which the Board of Supervisors set up, which was 40, 000 square feet per unit which was not possible. It is not possible. Mr. Beard: I defy the Health Department can find in their record anywhere where they have voluntary closed a lot in my park. They will not find it. They will find one that I requested the Health Department come out and look at and then they closed it. But that was at my insistance, not of the Health Department. They will not find in their records where they have closed any lots in my park on their own merits. Mr. Van Fossen: I wonder how the Board of Supervisors arrived at 40, 000 square feet because that was a lot of land. Mr. Roberson: Sure is. Mr. Van Fossen: And, and I don't know what the proper amount would be. I think that is for the Health Department or someone to decide, but 40, 000 square feet, square feet is really an intent to not have a mobile home park. Mrs. Huckle: It is not just for mobile homes, it is for any kind of stick built home too because they have had this experience with failure. Mr. Van Fossen: My my position is is that I would like to see us go ahead and grant the variance to let it proceed to the next step and I think he has a number of steps beyond us that he can't to until we do so. He has agreed to hook to the sewer line when it does get to that area, and he has agreed to the screening. The Verbatim Transcript - VA-87-86 Page 35 property was was rightly a mobile home park and that those trailers just hadn't been placed on there prior to this time and I think he has a vested right there and all. My feeling is to grant it and let it move on to the next step. Mr. Roberson: And in many cases, in many cases the governmental agencies will not move until the need is there. (Inaudible) Mr. Kennedy: You don't have any more questions for Mr. Dick at this point. Mr. Dick: I am finished, unless Mr. Beard has something to say. Mr. Kennedy: We are going to reserve our right to ask you some more questions. Mr. Roberson: I want to ask. Mr. Kennedy: I want to check to see if anybody else is here. Mr. Roberson: I want to ask Charlie one question, or Andy. Does the ordinance specifically point out the square footage necessary when only water, central water is available? It doesn't specify that, does it? Mr. Burgess: It says when you have, when you have one either a central water or a central sewage system then the 40, 000. So it doesn't matter which one it is. Mr. Roberson: In the park? Mr. Burgess: Yes. Mr. Roberson: I thought we were talking about 45, 4 , 500 square feet. Mr. Burgess: Well, now. Mr. Evans: That is both of them. Mr. Roberson: When both are available. (Inaudible) Verbatim Transcript - VA-87-86 Page 36 Mr. Evans: When both of them (inaudible) are hooked to public or central water and central sewer system they only have to have 4, 500 square feet. Mr. Roberson: Both Mr. Evans: Lot size. Mr. Roberson: But what if they only have one, water? Mr. Evans: That goes back to 40, 000. Mr. Roberson: From 4 , 500 to 40, 000. It is not only health included. I am sure there is politics involved too in that decision. (Inaudible) Mr. Kennedy: Do you have anybody else here that wanted to speak too? Anybody here in opposition? Mr. Van Fossen: He had the letter and I guess Mr. Gardener when we were going so that Mr. Gardener left and I guess he was going to speak for the lady who wrote the letter. Mr. Kennedy: Probably was. Mr. Dick: We are willing to put up a tree line too as she is requesting. Mr. Van Fossen: I sympathize with her in having that much density next to her property, but I think that the location of her property, as Mr. Dick said, no matter what you put up there the value of the property on 29 is going to go up. Mr. Roberson: Correct. Mr. Kennedy: Well I am, I am not going to close the hearing because somebody might wants to make a statement feel like they have heard everything let me know. If you don't feel like you have heard everything you want to hear. Mrs. Huckle: Could we defer this, this decision until perhaps we get this evidence of these plats and so on? Verbatim Transcript - VA-87-86 Page 37 Mr. Kennedy: I don't see any reason why not. Mr. Roberson: You are not in a time crush, are you? A month, two months? Mr. Dick: We would really like to get moving. But I think Mr. , did you tell Mr. Evans that the permits that you found are now thrown away? Mr. Evans: I, they have. Jesse by state law has now able to any person that takes a building permit he is only required to maintain that permit in the file for a period of five years. So I don't know what we will find. I know, you know, it has been quite, it has been several years since I was able to even look up those old permits. You know 1970 that is a long, you know that is quite a number of years back. Mr. Dick: But Mr. Evans could you vouch to the Board of Zoning Appeals that you have seen those permits? Mr. Evans: Oh I, yes I have personally seen them because I did all of the hunting for them. So I know, I know they exist. But all they were is just copy records so it would go to the Finance Department that he had indicated that he had made a building permit. Because you see there was no Building Department in 1970. The only think that you had was a Planning Department that approved plats for subdivisions and everything. And the Building Department, I mean the building permit was required through Planning, but it was really for financial record keeping. So that they know in the Real Estate Department would know that well you've got a new unit on a piece of property, or a new house on a piece of property. Mr. Dick: So you are not going to find those for that reason we would ask. Mr. Evans: I would be glad to to to, you know see if I could locate them, but that is not going, I don't think that is going to help you as far as making any plus or minus to the situation. All I am going to be able to show you is each copy of the permit and it is just going to say mobile home on this particular piece of property, map 32 , parcel 22I. That is all it is going to say. It is not going to have any indication that you know anything other than that. It will just be a cumulative sequences of numbers from like 510 to you know 1210. Verbatim Transcript - VA-87-86 Page 38 Mr. Van Fossen: Mr. Chairman, I I Mr. Kennedy: Were those permits show the size of the parcel? Mr. Evans: It would just indicate I back in those days I don't think it did. I think it just gave the acreage, the tax map and parcel number and the name of. the property owner. And down at the bottom the Director of Finance would sign it. Mr. Van Fossen: Mr. Chairman, I I share Mrs. Huckle's concerns about things that that have happened in mobile home parks in the past and I am sure that a lot of them have happened and will continue to happen until we resolve it. But you know there is a need for this type of housing, and to try to buy a piece of land in an area where already has sewer or septic system and and the land that they want for it I think would be prohibited. I don't think that then a person could afford to put a trailer on it. I think that the trailer ordinance needs to be addressed in the County. I think that the Supervisors have done something toward it. I think that they are going to have to do something more in the future. But in this particular case I think that the man had a vested interest in this piece of property as a trailer park. I don't think it has been proven that he has had any problems with his septic systems in that park. I don't know who came up with 40, 000 square feet. That is an awful large piece of land. It is an acre of land almost for anything to put a septic system on. I would like offer the motion that the variance be granted subject to Mr. Kennedy: Well Mr. Mr. Roberson: Carl, one moment. We haven't asked for any opposition and I know there is one person. Mr. Kennedy: We have not closed the public hearing. Mr. Van Fossen: Yes, he did. Mr. Kennedy: Well, I haven't really closed it. I said before I close it I wanted to see if anybody wanted. Mr. Dick: That is Mr. Beard's son. (Inaudible) Mr. Van Fossen: The, the opposition was Mr. Gardener who was here. here. Verbatim Transcript - VA-87-86 Page 39 Mr. Roberson: Oh, o.k. Mr. Van Fossen: Who was speaking for the lady who wrote the letter. Mr. Roberson: I stand corrected. Mr. Kennedy: Alright, well then the only reason why I hadn't closed in case somebody wanted to defer and get more evidence and that would be a chance for other people to speak their piece. Mr. Burgess: May I make one other comment? Mrs. Huckle: Well I would be a lot more comfortable I think if Mr. St. John was here too before we made a decision on this. Mr. Kennedy: Well we've got to make a motion. Mr. Burgess: We may, we may have one other problem. Looking back through the ordinance under Section 4 . 2 . 2 Area Regulations is something was not advertised. Area regulations for building sites shall conform to the following: 4 .2 . 2 . 1 For a use served by other than a central sewerage system, the building site shall have a area of 30, 000 square feet or greater and shall be of such dimension, which really isn't of issue. That isn't anything that we advertised, and well if that is a matter that that can be modified by the Commission, and that would be up to Mr. , Mr. Dick and his client. They could either go to the Planning Commission and seek a waiver of that requirement or if they prefer to use this quorum then that might be something that Mr. Dick wants to consider right now before you make your motion. Mr. Kennedy: What, are you saying that they could go to the Planning Commission and wouldn't have to come for a variance? Mr. Burgess: Not, the section of 40, 000 square feet is not something that the Planning Commission has any control over, only this Board does. The building site that isn't an area of the ordinance where at the end of that section it says the Commission may waive, waiver, modify, whatever. So here again we are right back to you 'know another square footage requirement that you know well, of course, Mr. Dick could come back before you. Mr. Kennedy: Is that square footage requirement something for the Board to have to (inaudible) Verbatim Transcript - VA-87-86 Page 40 Mr. Burgess: This is the building site. Mr. Kennedy: Advertised, he has to have something for the Planning Commission to have to (inaudible) Mr. Burgess: It could go either way. I mean it could be something that could could be considered by this Board on another day, but it was going to be something else that is going to have to be to be addressed. (Inaudible) So once we get past the 40, 000 then we have to deal with 30, 000. Mr. Kennedy: (inaudible) I thought you were bringing up the point that something had to be advertised before we could make the decision. Mr. Burgess: Well, if, well if Mr. Dick wants that included in this variance request. Because now all he has really done is reduced, if he were to receive something favorable from this Board he is going from 40, 000 to 30, 000 basically. He still has got the 30, 000. Mr. Van Fossen: Mr. Chairman, we could argue this all night long on both sides. We could be here all night and never resolve anything. That's that's the reason, what I, if we deny it right now I mean that kills it. If we grant this even though we might not like it, if we grant it does give them the opportunity to present it further. There is site plan and they are programed to the Planning Commission and the Board of Supervisors. And while I don't agree with all of the things in the ordinance I am prepared to make a motion that we grant the variance subject to the three items that staff had put in their recommendation. I think that the applicant is going to have a hard road beyond us, but you know if we kill it right here that's his only (inaudible) is the court. Mr. Kennedy: Well let me, let me call your attention to one matter perhaps. The applicant has selected the size of the parcel now. Mr. Roberson: Correct. Mr. Kennedy: And he has probably done that arbitrary somewhat or maybe on financial information. Mr. Roberson: Anticipation. Verbatim Transcript - VA-87-86 Page 41 Mr. Kennedy: We don't have all of that evidence. Now if, if you are concerned about septic failure and you want to create a redundancy which is apparently what the ordinance was concerned with, then you might want to approve an application based on the size or a condition that the size be a certain size. Mr. Van Fossen: Well I think the applicant satisfied me on that in that that these lots are going to be larger than (inaudible) the ones in the present park. These septic systems are going to be larger than the ones in the present park. Mr. Roberson: And they are going to be oversized if and when the connector line comes through. Mr. Van Fossen: They won't even be needed when the septic when the line comes through. They will be connected to the line. Mr. Roberson: Well, they will need 4, 500 and he is added, he is making them 5, 850 if what I am saying. He is going beyond what will be required if the connector line was through already. In answer to your question, I I expect he has done it in expectation that this connector line will come through. See, and he is oversized on that. He has no control over when that comes through. He can only push politically to try to get it through. I am going Mr. Kennedy: Well, the public hearing is closed and the matter is before the Board. Mr. Roberson: We have a motion. Mr. Kennedy: What is your pleasure? Mr. Roberson: And I am going to second the motion as stated. Mr. Kennedy: That the application be approved with the three conditions. Mr. Van Fossen: With the three conditions that the staff put into the recommendation, yes, sir. Mr. Kennedy: O.k. It has been moved and seconded that the application be approved as submitted with the three conditions Verbatim Transcript - VA-87-86 Page 42 that were read into the record to (inaudible) that the Health Department approval of a minimum requirement of the 50 percent reserve backup drainfield area for systems to serve the additional units or a maximum of 26 units, and that the applicant be required to connect to public sewer within 5 years or prior to if it is available, and an opaque fence to be erected along the north property line, and a minimum of one row of white pines (6 feet) in height to be planted parallel to the fence. All in favor, call role. Mr. Roberson: Let me, let me pass one thing in respect to this five year business. He has, he has absolutely no control over that. Couldn't that be amended to read when available, if and when available? Mr. Van Fossen: Be required to connect to public sewer system when it is available. Mr. Roberson: When it is available, instead of the five years. Mr. Kennedy: Well, that is why I read it. Mr. Roberson: Well, what is he going to do if the County has not moved in five years. Mr. Kennedy: He has nothing to connect up to if it is not available. Mr. Van Fossen: He shall connect when it is available. Mr. Roberson: If when available. Mr. Kennedy: Alright. Mr. Roberson: Is that Mr. Kennedy: Is that the motion? Mr. Roberson: Is that the motion? Mr. Van Fossen: That is the motion. Mr. Roberson: And I seconded it. Verbatim Transcript - VA-87-86 Page 43 Mr. Kennedy: Is that the second? Mr. Roberson: Second that change. Mr. Kennedy: Alright, let the record show that the second condition was that it be required to hook up to the sewer line when it is available. Alright, call role. Mrs. Taylor: Mr. Van Fossen? Mr. Van Fossen: Aye. Mrs. Taylor: Mr. Roberson? Mr. Roberson: Aye. Mrs. Taylor: Mrs. Huckle? Mrs. Huckle: No. Mrs. Taylor: Mr. Kennedy? Mr. Kennedy: Aye. Mr. Dick: Thank you. Mr. Beard: Thank you. Mr. Roberson: Good luck. Mr. Dick: Sorry to keep you so long.