HomeMy WebLinkAboutZMA198500027 Correspondence 1987-11-03OF N q r
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Office of County Attorney
FREDERICK W. PAYNE 616 PARK STREET
GEORGE R. ST.JOHN
JAMES M. BOWLING. IV CHARLOTTESVILLE. VIRGINIA 22QOI m�rarr �r.cwr.cr
ov�rr co�nrr ,.,rrowucr• TELEPHONE 296-7t3B
November 5, 1986
Miss Lettie E. Neher, Clerk
Board of Supervisors
Albemarle County Office Building
401 McIntire Road
Charlottesville, Virginia 22901-4596
Re: S. L. Williamson, Inc.--ZMA 85-27, SP 85-77
(Our file ACPZ 86-726)
Dear Estelle:
Enclosed please find the original of a letter to me from
Clyde Gouldman, attorney for S. L. Williamson, Inc. In it, as
attorney for the firm, he requests withdrawal of the above —
captioned applications. Please proceed accordingly.
I will be forwarding to you shortly the report of my
investigation into this matter which was requested by the
Planning Commission.
If you have any questions, please let me know.
Sincerely yours,
Frederick W. Payne
Deputy County Attorney
cc:�tr. John T. P. Horne
W. Clyde Gouldman, Esquire
John A. Dezio, Esquire
FRANCIS L SUCK
EDWARO L NOGSNIRE
W CLYDE OOULDMAN. II
BUCK, HOGSHIRE & GOULDMAN, LTD.
ATTORNEYS AT LAW
November 3, 1986
Frederick W. Payne, Esquire
Deputy County Attorney
Office of County Attorney
416 Park Street
Charlottesville, VA 22901
Re: Dunlora Sand Operation
ZMA-85-27 S.L. Williamson Co., Inc.
SP-85-77 S.L. Williamson Co., Inc.
Dear Fred:
400 COURT SQUARE
P.O. BOX 272
CHARLOTTESVILLE, VA 22902
(804) 977-7977
Pursuant to the conference held October 30, 1986 in your
office, we are writing to confirm the position of our client,
S.L. Williamson Co., Inc. regarding discontinuance of its sand
removal operation at the two existing Dunlora sites. As a result
of the scrutiny generated by the Company's most recent rezoning
attempt, heard at this point only by the Planning Commission, the
Company has come to realize that the urbanization process
surrounding Dunlora has accelerated considerably since 1981 when
the Company began its operation.
The Company also sees significant differences in the inter-
pretation by the Army Corps of Engineers concerning the extent of
its jurisdiction when Corps letters dated March 9, 1981 and
October 25, 1986, are compared.
Finally, the County is now saying that there is a 100 foot
set -back requirement from the centerline of the river when in
1981 the Company's special use permit and rezoning were approved
with everyone, the applicant and the County, assuming the
dredging would occur up to the centerline, with no set -back.
Under these circumstances and in an effort to be itself a
'concerned citizen' responsive to its neighbors and to changes in
the community, S.L. Williamson Co., Inc. hereby abandons its
existing rights to remove sand from the two Dunlora sites and
withdraws the pending rezoning and special use permit requests.
r,
BUCK, HOGSHIRE & GOULDMAN, LTD.
November 3, 1986
Page Two
In light of the foregoing decision the Company has no objec-
tion to whatever steps the County wishes to take on its own
motion in returning Dunlora's zoning to its pre-1981 status.
S.L. Williamson Co., Inc., however, does not know whether owners
of Dunlora would oppose such a 'down -zoning' and is not an agent
for them in this regard.
WCG/kms
cc: John A. Dezio, Esquire
Stirling Williamson
Sincerely yours,
W. Clyde Gouldman, II