HomeMy WebLinkAboutVA198700086 Correspondence 1989-03-21 , \I alvkqr,,c, v t L._ _•_ Q 'p4
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Albemarle County Board of Supervisors, Appellant,
against
Record No. 881113
Circuit Court No. 3458-14
Albemarle County Board of
Zoning Appeals , et al. , Appellees.
Upon a Petition for Rehearing
On consideration of the petition of appellee Ray C. Beard
to set aside the judgment rendered herein on February 2 , 1989 and
f grant a rehearing thereof , it is ordered that the said judgment be
vacated and set aside, a rehearing is granted and the following
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i judgment is entered in this appeal :
Upon the petition of the Albemarle County Board of
Supervisors an appeal is awarded it from a judgment rendered by the
I Circuit Court of Albemarle County on the 31st day of August, 1938 in
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a certain proceeding then therein depending, wherein the Albemarle
County Board of Supervisors was petitioner and the Albemarle County
Board cf Zoning Appeals and another were respondents.
Finding no merit in appellee Ray C. Beard' s assignment of
cross-error because the filing of a bill of particulars by the Board
of Supervisors constituted sufficient compliance with Code
§ 15. 1-497 , the assignment of cross-error is refused.
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On further consideration whereof , the Court is of opinion
that the judgment appealed from is erroneous. Accordingly, the
judgment is reversed and annulled, and Ray C. Beard' s variance
request is dismissed.
This order shall be certified to the said circuit court.
A Copy,
Teste:
Clerk
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.. ��OFALi4t
�IRGIN�P
COUNTY OF ALBEMARLE
Office of County Attorney
416 Park Street
Charlottesville, Virginia 22901
Telephone 296-7138
JAMES M. BOWLING, IV GEORGE R. ST.JOHN
DEPUTY COUNTY ATTORNEY February 6, 1989 COUNTY ATTORNEY
Mr. Charles Burgess
Zoning Administrator
County Office Building
401 McIntire Road
Charlottesville, Virginia 22901-4596
Re : Albemarle County Board of Supervisors v. Albemarle
County Board of Zoning Appeals, et al .
(Our File #ACPZ 88-817 )
Dear Charlie:
You will find enclosed an Order of the Supreme Court
reversing the variance given to Ray C. Beard for 26 additional
mobile homes on Cedar Hill Mobile Home Park.
I think this Order should be photocopied and distributed to
each member of the Board of Zoning Appeals in the package for
their next meeting, and either I or Jim Bowling will explain why
and how this happened.
The point to be made is, that the Board should always place
in the record of its proceedings, the findings required by the
Virginia State Code.
I think also I need to explain to your staff, the meaning of
these statutory standards because I think occasionally a
recommendation is made for denial when it should be made for
approval based on a misconception of the standards.
Sincerely yours,
91(41,01
/Xl
George R. St. John
County Attorney
GRStJ/tlh
Enclosure
VIRGINIA:
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r i,A e Thursday , 2nd ,ky ,,,,- February, 1989.
Albemarle County Board of Supervisors, Appellant,
against Record No. 881113
Circuit Court No. 3458-L
Albemarle County Board of
Zoning Appeals, et al. , Appellees.
From the Circuit Court of Albemarle County
Upon the p petition of the Albemarle County Board of
Supervisors an appeal is awarded it from a judgment rendered by the
Circuit Court of Albemarle County on the 31st day of August, 1988 in
a certain proceeding then therein depending, wherein the Albemarle
County Board of Supervisors was petitioner and the Albemarle County
Board of Zoning Appeals and another were respondents.
On further consideration whereof, the Court is of opinion
that the judgment appealed from is erroneous. Accordingly, the
judgment is reversed and annulled, and Ray C. Beard' s variance
request is dismissed.
This order shall be certified to the said circuit court.
A Copy,
Teste:
David B. Beach, Clerk
By: Q1 . A . ci-4L,
Deputy Clerk
l• 6: A
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
BOARD OF SUPEPVISORS OF ALBEMARLE
COUNTY,
Petitioner
v.
BOARD OF ZONING APPEALS OF ALBEMARLE
COUNTY,
and
RAY C. BEARD
t/a Cedar Hill Trailer Park
c/o J. Benjamin Dick, Esquire
421 Park Street
Suite 2
Charlottesville, Virginia 22901
Respondents
PETITION FOR WRIT OF CERTIORARI
The Board of Supervisors of Albemarle County respectfully
petition this Honorable Court to issue a Writ of Certiorari to
the respondent Board of Zoning Appeals, directing the Board to
make such return as is required by Virginia Code Section 15. 1-497
within thirty days after the entry of the Writ; and in support of
this petition alleges as follows:
1 . On or about January 12 , 1988 , the Board of Zoning
Appeals granted a variance, designated VA-87-86, to Ray C. Beard,
t/a Cedar Hill Trailer Park.
2 . The said variance was and is, contrary to the law.
3. The Board of Supervisors is an aggrieved party as
defined in the above cited statute.
Petitioner further prays that Ray C. Beard, t/a Cedar Hill
Trailer Park, be permitted to intervene as an interested party in
this proceeding, and for this purpose a copy of this petition and
attached order, are being mailed to him at his address as shown
on his application for the said variance.
BOARD OF SUPERVISORS OF ALBEMARLE COUNTY
By Counsel
6)/j,„'Ilf„g<A/1---
GEORGE R. ST. JAIN
County Attorney
416 Park Street
Charlottesville, Virginia 22901
CERTIFICATE
I hereby certify that a true and exact copy of the
foregoing, along with a copy of the proposed attached order, were
mailed to Ray C. Beard, t/a Cedar Hill Trailer Park, c/o J.
Benjamin Dick , Esquire , 421 Park Street , Suite 2 ,
Charlottesville, Virginia, 22901, this (9 day of February,
1988.
George R. St. John /
1/1
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY,
Petitioner
v.
BOARD OF ZONING APPEALS OF ALBEMARLE
COUNTY,
and
RAY C. BEARD
t/a Cedar Hill Trailer Park
c/o J. Benjamin Dick, Esquire
421 Park Street
Suite 2
Charlottesville, Virginia 22901
Respondents
WRIT OF CERTIORARI
On petition of the Board of Supervisors of Albemarle County,
a Writ of Certiorari is hereby issued and the Clerk to the Board
of Zoning Appeals of the County of Albemarle is hereby directed
to deliver to this court the record of proceedings before the
said Board of Zoning Appeals on or about January 12, 1988, in the
matter of VA 87-86, being a variance granted by the said BZA to
Ray C. Beard t/a Cedar Hill Trailer Park, within thirty (30) days
of this date.
Leave is hereby granted to the said Ray C. Beard t/a Cedar
Hill Trailer Park to intervene in this matter if he so elects,
and Counsel for Petitioner is directed to serve upon the said Ray
C. Beard t/a Cedar Hill Trailer Park, a copy of this order in the
manner provided by law.
I ask for this
GEORGE R. ST. J HN
County Attorney
416 Park Street
Charlottesville, Virginia 22901
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY,
Petitioner
v.
BOARD OF ZONING APPEALS OF ALBEMARLE — ,�h
COUNTY,
and
RAY C. BEARD
t/a Cedar Hill Trailer Park
c/o J. Benjamin Dick, Esquire
421 Park Street
Suite 2
Charlottesville, Virginia 22901
Respondents
WRIT OF CERTIORARI
On petition of the Board of Supervisors of Albemarle County,
a Writ of Certiorari is hereby issued and the Clerk to the Board
of Zoning Appeals of the County of Albemarle is hereby directed
to deliver to this court the record of proceedings before the
said Board of Zoning Appeals on or about January 12, 1988, in the
matter of VA 87-86, being a variance granted by the said BZA to
Ray C. Beard t/a Cedar Hill Trailer Park, within thirty (30) days
of this date.
Leave is hereby granted to the said Ray C. Beard t/a Cedar
Hill Trailer Park to intervene in this matter if he so elects,
and Counsel for Petitioner is directed to serve upon the said Ray
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C . Beard t/a Cedar Hill Trailer Park , a copy of this
order in the
manner provided by law .
JUD E
DA
I ask for this a coPY TEST
MARSHAu" CLERK
gY J• pep• Clerk
GE6RGE R. ST . t SbYH:
County Attorney
416 Park Street inia 22961
Charlottesville , Virg
VIRGINIA: IN THE CIRCUIT COURT OF ALBEMARLE COUNTY
BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY,
Petitioner
v.
BOARD OF ZONING APPEALS OF ALBEMARLE
COUNTY,
and
RAY C. BEARD
t/a Cedar Hill Trailer Park
c/o J. Benjamin Dick, Esquire
421 Park Street
Suite 2
Charlottesville, Virginia 22901
Respondents
PETITION FOR WRIT OF CERTIORARI
The Board of Supervisors of Albemarle County respectfully
petition this Honorable Court to issue a Writ of Certiorari to
the respondent Board of Zoning Appeals, directing the Board to
make such return as is required by Virginia Code Section 15. 1-497
within thirty days after the entry of the Writ; and in support of
this petition alleges as follows:
1. On or about January 12 , 1988 , the Board of Zoning
Appeals granted a variance, designated VA-87-86, to Ray C. Beard,
t/a Cedar Hill Trailer Park.
2. The said variance was and is, contrary to the law.
3 . The Board of Supervisors is an a99rieved party as
defined in the above cited statute.
Petitioner further prays that Ray CJ t,1EEd`,i8 ii .0 dar Hill
Trailer Park, be permitted to intervene as ani,`in't r;es ed.•..party in
this proceeding, and for this purpose a copy of this petition and
attached order, are being mailed to him at his address as shown
on his application for the said variance.
BOARD OF SUPERVISORS OF ALBEMARLE COUNTY
By Counsel
GEORGE R. ST. J N
County Attorney
416 Park Street
Charlottesville, Virginia 22901
CERTIFICATE
I hereby certify that a true and exact copy of the
foregoing, along with a copy of the proposed attached order, were
mailed to Ray C. Beard, t/a Cedar Hill Trailer Park, c/o J.
Benjamin Dick , Esquire , 421 Park Street , Suite 2 ,
Charlottesville, Virginia, 22901, this 9' day of February,
1988.
George R. St. John
oe A!,
8 6vo E't
`7RGIW'
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
February 19, 1988
Albemarle County Circuit Court
Attn: Shelby Marshall, Circuit Court Clerk
Court Square
Charlottesville, VA 22901
Dear Mrs. Marshall:
Submitted herewith are the documents submitted to the Board
of Zoning Appeals by the Zoning Administrator on January 12 ,
1988, for VA-87-86 for Ray Beard. Also please find attached
a copy of the verbatim transcript from the meeting prepared
by Sharon Taylor, Recording Secretary.
An index of the documents is enclosed for your convenience.
Respectfully,
3
Charles W. Burgess, Jr.
Zoning Administrator
CWB;jr/st
cc: VA-87-86
Enclosures
February 19, 1988
I certify that the attached copy is a true and correct copy of
the verbatim transcript taken from the Board of Zoning Appeals
meeting held on January 12 , 1988, for Ray C. Beard for VA-87-86 .
h /./-U_
ac elyn uckle, Secretary
6kc,,,(57., •
BY: Sharon Tayl:r
Recording rcretary
February 19, 1988
Albemarle County Circuit Court
Attn: Shelby Marshall, Circuit Court Clerk
Court Square
Charlottesville, VA 22901
Dear Mrs. Marshall:
I certify that the attached is a true copy of the transcript
and all documents submitted to the Board of Zoning Appeals on
January 12, 1988 for Ray C. Beard.
Respectfully,
Jac elyn uckle
Secretary of
Board of Zoning Appeals
JH/st
Index of Documents Submitted to Board of Zoning Appeals on
January 12, 1988, for Ray Beard for VA-87-86.
1. Variance Application for VA-87-86
2 . Notification Letter to Ray Beard, c/o J. Benjamin Dick,
Esquire dated December 30, 1987
3 . Adjacent Owner's Letter and List
4 . Legal Ad
5. Tax Maps
6. Memo dated December 28, 1987 addressed to Charles Burgess
from John T. P. Horne
7 . Staff Report & Corrected Staff Report
8 . Letter dated December 10, 1987 addressed to Mr. Evans
from Madeline Freeman
9 . Letter dated July 22 , 1987 addressed to Mr. Lou Rossie
from Robert B. McKee, PE, CLA
10. Letter dated June 17, 1987 addressed to Mr. Robert
W. Benninger, P.E. from W. L. Rossie
11. Letter dated January 13 , 1988 addressed to J. Benjamin
Dick, Esquire, from Charles W. Burgess, Jr.
12 . Photograph submitted by J. Benjamin Dick on January 12 ,
1988
13 . Plan for Cedar Hill Trailer Park Planned Development dated
May 15, 1984 by Gloeckner, Lincoln & Osborne
pFALg
\IRGIN�P
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5823
MEMORANDUM
TO: Charles Burgess, Zoning Administrator
FROM: John T. P. Horne, Director of Planning and Community
Development
DATE: December 28, 1987
RE: Board of Zoning Appeals
This department would like to comment on the following variance
petition .to the Board of Zoning Appeals: VA-87-86. This
department feels that approval of a variance of this magnitude
for the addition to this mobile home park would be clearly in
conflict with the purpose and intent of the mobile home park
standards contained 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 fields
and approval of this variance would be adding to and 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.
JTPH/jmc