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HomeMy WebLinkAboutSDP199300019 Application Appeal to BOS 1993-07-22 L:J / DoFSu ;RV, 108 Ednam Place SORS Charlottesville, Virginia 22903 July 22, 1993 Ms. Ella W. Carey Clerk, CMC Board of County Supervisors Albemarle County, Virginia 401 McIntire Road 193 Charlottesville, Virginia 22902-4596 11 Re: Appeal of Department of Planning & Community Development Ruling Dear Ms. Carey: On the evening of July 20, 1993 the Department of Planning and Community Development ruled in favor of The Boar's Head Inn Sports Major Site Plan Amendment. The undersigned owners of real estate parcels which have common boundary with The Boar's Head Complex hereby formally request and apply for an appeal hearing by the Board of Supervisors regarding that ruling. As I informed you I will be out of town on August 4 and request the date of Wednesday, September 1, for an appeal to be presented to the Board. - `— A check in the amount of $190. 00 to cover the customary appeal fee is inclosed. Please let us hear from you as soon as possible. Sincerely, Luke Combs, M.D. Other Owners Signatures:/ Enclosure: 108 Ednam Place Charlottesville, Virginia 22903 August 18, 1993 Mrs. Yolanda Hipski County of Albemarle Department of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Re: Boar's Head Inn Sports Major Site Plan Amendment Dear Mrs. Hipski: I would like to point out a typographical error in a letter that I sent you which was dated July 20, 1993 . A copy is inclosed. On page two, paragraph number one the seventh sentence should have been typed as follows. Residents who knew nothing of this request, and not privy to the "previous somewhat clandestine negotiations" were not informed of the July 20 date by the Board, until Tuesday, July 13 , 1993 . I believe the omitted word "not" , which I have underlined in this corrected copy was included when I read the letter to the Planning Commission on July 20, 1993 . Therefore, I am asking you to include this letter in the file as an addendum correction. If you have any questions or need further information please call me. Also I would be most grateful if you would confirm in writing your receipt of this current letter and your compliance with my request that it be placed as an addendum to the original. Thank you very much for your assistance. Sincerely, Luke Combs, M.D. Enclosure: 108 Ednam Place Charlottesville, Virginia 22903 July 20, 1993 Ms. Yolanda Hipski County of Albemarle Department of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Re: Boar's Head Inn Sports Major Site Plan Amendment Dear Ms. Hipski: The primary purpose of my remarks is to state that the true interests and position on this issue by the vast majority of the residents of Ednam Forest, has been misrepresented to the Planning Commission. It has been stated by the president of the Ednam Forest Home Owners Association, in a letter dated July 8, 1993 , to the manager of the Boar's Head Inn that the change in location of the tent from Ednam Drive to the area near the Sports Club satisfies the aesthetic concerns of the Ednam Forest residents that arose from the appearance of the tent at the prior location. This same letter suggests that these residents have no noteworthy objection about the placement and use of the tent as long as and I quote, "while certain details remain to be finalized the progress made to date coupled with your assurance that effort will continue in the established direction satisfies the Board's concern in the matter also and in view of the above the Board will have no official representation at the Planning Commission meeting" . This position by the Board totally ignores the results of a survey of the residents of Ednam Forest made by the Board. It indicated a 90% disapproval of the use of a tent except on a very limited basis for groups which represented the area such as the annual wine festival and other community functions. The residents were not informed that such negotiations between the Board and The Boar's Head Inn were being made. Also according to the Board much, and perhaps even the major portion of these negotiations was done by several Ednam Forest residents with the Board's acquiescence and support, lukewarm or otherwise. I, and perhaps most residents, appreciate the concern and sincere efforts exerted by these residents to give to Board what possibly amounted to a strong and much needed nudge to deal with the issue of the tent. A. Page 2 However, the general membership was not informed of these negotiations. The first residents to learn of this proposed site request change were the small number who have real estate parcels which have a common boundary with the Boar's Head land. These 12 parcels were listed in a letter dated Thursday, July 1, 1993 and mailed by the Planning Commission. I received my copy on. Tuesday, July 6, 1993 . This is indeed a very short notification for a meeting on July 20. Such a short period of time to consider a new site plan request was not adequate and is manifestly unfair to the residents of Ednam Forest. Residents who knew nothing of this request, and not privy to the "previous somewhat clandestine negotiations" were not informed of the July 20 date by the Board, until Tuesday, July 13 , 1993 . On this day they received a note in their mailbox from the president of the Board. In this letter there is mention of the survey previously alluded to, in which 90% of the residents wanted only very limited use of the tent and only by community organizations. And the letter stated that a copy of the survey was sent to the Planning Commission. The letter continues in a manner which effectively brushes the survey results aside and makes statements that in effect accepts promises made as to noise control etc. And in a manner which incorrectly misrepresents and speaks for, and accepts, without input by the residents, site location and other proposals and promises by the Boar's Head Inn regarding the use of the tent. On behalf of myself and the residents of Ednam Forest I am asking this Commission to give keen consideration to this inadequate period of time for adequately informing all the Ednam Forest homeowners about the issue before the Board. Sincerely, Luke Combs, M.D.