HomeMy WebLinkAbout07 02 85 PC MinutesOR
July 2, 1985
The Albemarle County Planning Commission held a public hearing
on Tuesday, July 2, 1985, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr.
David Bowerman, Chairman; Mr. Richard Cogan, Vice -Chairman;
Mr. Harry Wilkerson; Ms. Norma Diehl; Mr. Richard Gould; Mr.
Tim Michel; and Mr. James Skove. Other officials present were:
Ms. Marcia Joseph, Planner; Mr. Ronald Keeler, Chief of Planning;
Ms. Patricia Cooke, Ex-Officio and Mr. Frederick Payne, Deputy
County Attorney (entered the meeting at 8:20 p.m.).
The Chairman called the meeting to order at 7:30 p.m. after
establishing that a quorum was present.
SP-85-43 Clifton McClure, Trustee - Request in accordance with
Section 30.3.5.2.1 of the Zoning Ordinance to allow for the con-
struction of dam and lake to be located jointly on lots 6, 7, and
8 of the Virginia Farms Subdivision. Property, described as Tax
Map 81, parcel 11A, is located on the southwest side of Rt. 648 east
of Keswick and south of Rt. 22. Total acreage of the site is
284.73, zoned RA, Rural Areas. Rivanna Magisterial District.
Ms. Joseph gave the staff report. She stated that condition
No. 4--Issuance of an erosion control permit --should be deleted
since the County Engineer has stated that the pond will serve
the same purpose as an erosion control measure, i.e. to control
sedimentation. She added that this is exempt from the state
statutes since it is a soil conservation dam. She stated that
the following condition should be added:
• County Attorney approval of maintenance agreement concerning
pond.
It was determined that condition No. 2--No increase in the
flood height that would affect other properties shall be
allowed --contemplates an increased height of the water
but such increase will not be allowed to affect any properties
adversely.
A representative of the applicant was present, but offered no
further comment.
There being no public comment, the matter was placed before
the Commission.
It was determined that it was the County Engineer's intent that
the increased height of the water would not affect properties
outside the subdivision in any way. It was ascertained condition
No. 2 should be changed to read as follows:
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July 2, 1985 Page 2
• No increase in the flood height that would adversely
affect other properties outside the subdivision.
Mr. Michel moved that SP-85-43 for Clifton McClure be recommended
to the Board of Supervisors for approval subject to the
following conditions:
1. Determination of floodway and floodway fringe (not
determined at this time);
2. No increase in the flood height that would adversely
affect other properties outside the subdivision;
3. County Engineer approval of plans and computations
for dam and outfall structures;
4. Approval of appropriate local, State and Federal agencies;
5. Amend Virginia Farms Plat to include dam and lake site;
6. County Attorney approval of maintenance agreement
concerning pond.
Ms. Diehl seconded the motion which was unanimously approved.
The matter was scheduled to be heard by the Board on August 7, 1985.
SP-85-39 Joseph M. Terry, Sr., Et Al - Request in accordance with
Section 12.2.2(10) and 5.6 of the Zoning Ordinance to locate
a single wide mobile home on property described as Tax Map 48,
parcel 9. Property, is located on the east side of Route 784,
±1 mile north of its intersection with Route 600. Total
acreage of site is 1.1727 acres, zoned VR, Village Residential.
Rivanna Magisterial District.
Ms. Joseph gave the staff report.
The Chairman invited applicant comment.
Mr. Joseph Terry, Sr. addressed the Commission. He stated
he felt condition (c.) should be deleted (Applicant receives
Health Department approval.) since he has already received
tentative approval from the Health Department.
Ms. Joseph confirmed that a letter has been received from
the Health Department and confirmed that condition (c.)
could be deleted. (Later in the meeting it was determined
that this condition should remain.)
The Chairman invited public comment.
Mr. Franz Schubert, a neighboring property owner addressed
the Commission. He stated he had sent a letter of opposition
to the Planning Department. Since the Commissioners had
not received a copy of said letter, the Chairman asked Ms.
Joseph to read the letter. Ms. Joseph read the following
letter dated June 10, 1985, addressed to Mr. Michael E.
Tompkins, Zoning Administrator: NOW
1/ q
July 2, 1985
Page 3
Dear Mr. Tompkins:
This letter is in response to your letter of May 23, 1985 concerning
an application for a special use permit for Tax Map 48, Parcel 9.
I purchased Tax Map 48, Parcel 11B about 17 years ago as an invest-
ment or for a possible retirement location. Health problems and other
'factors caused us to list the property for sale with a local Realtor just
prior to learning of the special use permit application. I am confident
that I would not have purchased the property had a mobile home been situ-
ated on this small adjoining lot and in our judgement such a structure
would severly reduce the value of my property and would adversely affect
the surrounding area.
Parcel 9 is on a sharp curve of State Route 784 increasing the visi-
bility of this incompatible use of the road frontage lots in this area.
The lot being just over an acre might pose well and septic field problems.
My Parcel 11B has very limited road frontage and the logical entry and
driveway to the bulk of our land would be extremely close to the proposed
mobile home site which appears to be only 15 or 20 feet from our property
line. In our opinion, the location of a mobile home on this small visible
site would adversely affect the value and attractiveness of my land, the
surrounding area and that of the Stony Point community.
We urge you to deny this special use permit and we hope the applicant
can find a location more suitable and in harmony with the area. Thank you
for your attention to these items.
The letter was signed by Mr. and Mrs. Schubert.
Ms. Armentrout, a neighboring property owner, addressed the
Commission. She stated she was opposed to the proposal since
she felt it would devalue her property. She stated she, too,
had sent a letter of opposition to the Planning Department.
Mr. Bryant Carpenter, who has a business office near the
proposed location, addressed the Commission and expressed
his opposition to the proposal.
The applicant, Mr. Terry, once again addressed the Commission.
He stated the well and septic field concerns have already
been addressed and indicated he felt these should be of no
concern to Mr. Schubert. He stated that the separation from
the Schubert line would be approximately 50 - 60 feet rather
than 20 feet as indicated by Mr. Schubert.. He added that
there would also be natural vegetation between his property
and Mr. Schubert's. He stated the setback would be approx-
imately 200 feet from the Armentrout property. He pointed
out that Mr. Carpenter is not a property owner, but a tenant.
He stated fences or white pines would be used as effective
screening. Regarding Mr. Schubert's concern that the mobile
home would detract from the attractiveness of the surrounding
property, Mr. Terry presented photographs of surrounding
property (all within 4 mil- of tr4c site). He stated there
are at least 9 mobile hone: � loczl <c1 on the property which
adjoins Mr. Schubert's pror(�rty �o the north. Mr. Terry
confirmed that the mobile l!,;me will be occupied by his
son and his family.
July 2, 1985 Page 4
Mr. Leckie Stone addressed the Commission. He explained he
was an attorney employed by the County to collect delinquent
real estate taxes. He offered the following comments:
--The property was purchased by the Terry's at a
delinquent tax sale.
--The property long predates the zoning ordinance, and
would be grandfathered.
--He sold the property to Mr. Terry and his son, on
behalf of the County, in order to collect taxes.
--He was interested in knowing the County's position
regarding such sales.
--No guarantee of any kind regarding the use of the
property had been made to the Terrys.
--Several similar sales will be coming up in the future,
none of which meet the 2-acre requirement.
--He pointed out that a denial of this use for such
properties may, in fact, be an indication there is
no use for said properties.
--All neighboring landowners were given the opportunity
to bid on the property when it was sold.
Mr. Stone emphasized he was not representing the county and
requesting approval of the application. He stated if the
acreage of these parcels was going to present problems, he
needed to be aware of that fact in order to take the matter
up with the proper County authorities.
There being no further public comment, the matter was placed
before the Commission.
Mr. Bowerman stated he was concerned about the information
presented by Mr. Stone and felt that said information might
place the Commission in a conflict -of -interests situation.
The majority of the Commissioners disagreed with Mr. Bowerman.
Mr. Cogan stated there are no warranties attached to these
properties, and buyers take the property as is.
Mr. Skove stated the question is not whether a residence can
be placed on the property, but whether a mobile home can be
placed on the property.
Mr. Bowerman stated he was concerned that the Commission's
action could determine whether or not such parcels have any
value.
Mr. Wilkerson stated each parcel should be dealt with on its
own merit.
Mr. Gould stated he was not at all concerned about the issue
as viewed by Mr. Bowerman.
Mr. Skove and Ms. Diehl indicated the question of the acreage
was irrelevant. 44,01
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July 2, 1985 Page 5
Mr. Skove pointed out that a single-family home could be placed
on the lot and Commission approval would not be needed.
Mr. Cogan asked Ms. Joseph to explain staff's position.
Ms. Joseph explained that staff felt the shape of the lot
would make it difficult to site a more conventional dwelling
on the lot. She further stated it was felt it might be
easier to maintain the setback requirements with a more
"elongated" dwelling.
Ms. Joseph confirmed that screening is usually left to the
satisfaction of the Zoning Administrator.
Regarding the letters of opposition, Ms. Joseph stated they
had been received before the packets were mailed to the Commissioners,
but she had not been aware they should have been included in the
packets.
Ms. Joseph stated she felt screening would require either fencing
or a lot of evergreens since the site will be visable during
the winter months.
In response to Mr. Skove's question, Ms. Joseph stated she did
not think there were any other mobile homes within sight of
the proposed location.
Regarding condition (c)--Applicant receives Health Department
approval --Ms. Diehl stated she felt this condition should remain
since the letter received from the Health Department had not
actually given final approval.
Mr. Gould moved that SP-85-39 for Joseph M. Terry, Sr., et al,
be recommended to the Board of Supervisors for approval subject
to the following conditions:
(a) Applicant must adhere to Section 5.6.2 of the
Zoning Ordinance.
(b) Location and screening of the mobile home are to
the reasonable satisfaction of the Zoning
Administrator.
(c) Applicant receives Health Department approval.
(d) Driveway configuration must adhere to that as shown
on plat.
Mr. Gouldconfirmed that his motion included that condition (c)
should remain.
Mr. Wilkerson seconded the motion which was approved (5:2) with
Mr. Wilkerson, Mr. Bowerman, Ms. Diehl, Mr. Gould and Mr. Skove
voting in favor and Mr. Cogan and Mr. Michel voting against.
The matter was to be heard by the Board on July 17, 1985.
/' �2
July 2, 1985
Page 6
ZMA-85-15 George A. Bowles - Request to amend the Four Seasons PUD
to expand the existing recreational building by 25,500 square feet
to include recreational facilities such as racquetball courts, locker
rooms, children's activity room, fitness/weight room, gymnasium.
Property, described as Tax Map 61X(1), parcels 4 and 4A, and
Tax Map 61X(2), parcels 4B, 4C, and 4D, is located on the
northeast side of Four Seasons Drive property formerly in use
as the clubhouse. Total acreage of site is 11.81 acres.
Charlottesville Magisterial District.
Mr. Keeler gave the staff report.
The Chairman invited applicant comment.
Mr. Bowles addressed the Commission. In response to Mr. Gould's
question regarding the phasing of the construction in relation
to the activities to be offered, Mr. Bowles stated the first
phase would include six squash and racquetball courts, and
the lower section of the existing building would house
office space and the children's activity area, and additional
locker room space.
The Chairman invited public comment.
Mr. Gregory A. Johnson, President of the Four Seasons Townhouse
Association, addressed the Commission. Mr. Johnson was
accompanied by Mr. Robert A. Zak, President of the Four Seasons
Patio House Association. Mr. Johnson read the following
statement to the Commission:
Ladies and Gentlemeni
ZMA-B5-15 is a request to modify and expand the existing
recreational facilities in the Four Seasons Subdivision as
detailed in Attachment A. This request is of the utmost
concern to the residents of Four Seasons. We believe that
the proper maintenance and operation of recreational and
related facilities on the site in Four Seasons designated in
the Planned Unit Development is essential to the wellbeing of
our community. As you will recall from our visit with you in
19B4, while we regretted that the receivership status of the
property limited the maintenance and operation of the
facilities to less than their full potential and intent, and
while we have yet to find any financial means by which we
could maintain and operate the facilities ourselves, we still
cannot accept any use of the property other than the intended
purpose designated in the Planned Unit Development.
As the designated representatives of the members of our
Associations, and in consultation with the residents of Four
Seasons, we are here tonight to support and endorse the
request of Mr. George A. Bowie; and his associates
(Applicant) that the Four Seasons E-Abdivision Planned Unit
Development be amended to permit the construction of
additional recreational, health aintenance, and related
social facilities and operation r lie renovated and expanded
facilities as a private club sv ted by its membership,
subject to the conditions li ! in Attachment B. We are
two
convinced that the Applicant request is a reasonable
proposal in light of financi ealities and complies with
and fulfills the intent of the S fined Unit Development.
/ - A
July 2, 1985
Page 7
*1ile✓' While some of the Conditions we propose may seem to restrict
the Applicant's ability to renovate, expand, and operate the
facilites, we believe the conditions are reasonable and
necessary to protect the interests of the residents in Four
Seasons. As noted above, we are in favor of the request, and
pledge that we will give the Applicant our full cooperation,
including easements necessary to accomplish the proposed
renovations and additions.
We therefore request that the Planning Commission recommend
to the Board of Supervisors that ZMA-85-15 be approved
subject to the conditions listed in Attachment B.
Respectfully submitted,
AA t
Grego A. Johnson, President
Four Seasons Townhouse Association, Inc.
70 Woodlake Drive
- Y4 & 4, Z:: Z 34,
Robert A. Zak, President
Four Seasons Patio House Association, Inc.
7 Lakeview Drive
C O N D I T I O N S
1.
THAT THE PROPOSAL furnished by Mr. Bowles in support of his
petition (designated as Attachment A of this statement) shall
be accepted as a statement of intent in general and not as a
statement of performance in particular, except in regards to
"membership" and "designs"
Ia.
"Membership" shall be available on more than one level or
type, at least to residents of the Berkeley and Four Seasons
Subdivisions, and at least in respect to the use of the
swimming pool and tennis courts, and with the fees for the
use of these facilites by these residents to be set at a
reasonable rate.
lb.
"Design, both in existing facilities being renovated and in
additional facilities to be constructed, shall be such, both
in architectural form and in materials, as to reasonably
harmonize with that of Four Seasons residences, but excluding
the Four Seasons Condominiums.
2.
ACCESS to the property for the purpose of renovation,
construction, and maintenance shall require the consent of
the designated Association in the following instances:
2a.
No materials or equipment may be stored, or construction
performed, in or upon the portion of the property lying east
and south of the creek shown on the map herein appended as
Attachment C and marked with an "X" without the written
permission of the Four Seasons Townhouse Association, Inc.,
as in reality this portion of the property is the front lawns
r
and common areas of the townhouses in Block M, 127-133
Woodlake Drive, and is maintained as such by the Association.
July 2, 1985
Page 8
2b. No materials or equipment may be stored, or construction
performed, within twenty (20) feet of the surveyed lot line
of record of any residence in the Patio House Section without
the written permission of the Four Seasons Patio House
Association, Inc., or of any residence in the Townhouse
Section without the written permission of the Four Seasons
Townhouse Association, Inc.
3. PEDESTRIAN ACCESS by Four Seasons residents to, upon, and
across the property to and from any of the points marked "A,"
"B," "C," or 'D" on Attachment C, or reasonable alternative
points, shall not be restricted or terminated without Just
cause, and then only if written notice is sent to both the
Four Seasons Townhouse Association, Inc. and the Four
Seasons Patio House Association, Inc. thirty (30) days in
advance, with the exception that advance notice will not be
required in the case of a bona fide situation in which the
personal safety of pedestrians may be in jeopardy.
4. APPLICABILITY of the foregoing conditions shall be to
Mr. George A. Bowles and his associates, their successors and
assigns, and to their employees, agents, contractors and
subcontractors as appropriate.
Mr. Dave Davidson, one of the owners of the access road,
addressed the Commission. He was concerned about the length
of time that the applicant plans to use the access road,
and whether or not said use would be permanent. He was
also concerned about the hours of operation for the facility.
He indicated he was opposed to the long hours that have been
proposed and asked that they be modified so as to reduce
noise levels at an earlier hour. He pointed out that the
facility will be very close to residences.
There being no further public comment, the matter was placed
before the Commission.
Regarding the use of the access road, (through Woodlake Drive
and the common driveway areas off that road), Mr. Bowles
stated the road would not be used without first obtaining
permission of the Homeowners Associations, who will have the
power to limit the applicant's use of the road.
Mr. Bowerman asked Mr. Keeler if he had had time to review the
statement read by Mr. Johnson. Mr. Keeler said he had seen
a preliminary copy of the statement. He stated he had spoken with
Mr. Payne about the matter and Mr. Payne feels that since this
is a PUD it would be possible to incorporate this document
as zoning conditions. However, he cautioned that the Zoning
Administrator is responsible for enforcing zoning conditions
and he questioned whether the Zoning Administrator would
want to get involved in some of the issues involved, i.e.
setting of fees, etc. He stated he would have no hesitation
including those conditions that relate to the physical develop-
ment of the property, and are easily enforceable by the
Zoning Administrator. However, he felt the foo issue and some
of the other Issues, should be dealt with thre Ugh are agreement
between the applicant and the Homeowners Associations.
/�5
July 2, 1985 Page 9
Mr. Keeler added that these matters may be incorporated in
homeowners' agreements. They are recorded and thereafter
enforced by the association members. The County would not
intervene.
Mr. Bowerman suggested that deferrment might be in order to
give the staff, the County Attorney, the Zoning Administrator,
and Mr. Bowles a chance to go over the document to see which
items would be made a part of the rezoning and which should
be made part of an agreement between the applicant and the
Homeowners Associations.
Mr. Bowles indicated that he has been conferring with the
homeowners on these issues. He felt it would be possible
for the issues to be worked out satisfactorily.
Mr. Michel indicated he was in agreement with Mr. Bowerman.
It was the understanding of the Commission that it was the
desire of the Homeowners Association that their conditions
be made a part of the rezoning.
Mr. Michel indicated he felt this was awkward for the
Commission since they should not be put in the position of
negotiating an agreement between two different parties.
Mr. Cogan stated he felt the Commission should not get
involved with any of the conditions since the majority
of the conditions are not connected in any way with the
function of the Commission. He felt the issue could be
adequately worked out between the property owners and the
applicant. He stated he would be in favor of the amendment,
but he would be opposed to the Commission transposing the
homeowners' conditions into the conditions of approval.
Mr. Cogan also commented that he felt the hours of operation
for indoor usage were acceptable (6:00 a.m. to 11:00 p.m.),
but outdoor activities should be confined to 8:00 a.m. to
10:00 P.M.
Mr. Keeler confirmed that a site plan will be presented.
Mr. Skove indicated he felt this was a good use for the clubhouse,
but stated he did not feel the Commission should get involved
with some of the issues presented by the homeowners.
Mr. Keeler indicated he felt the issue of hours of operation
could be handled by adding a condition (4.).
Mr. Bowerman pointed out that since this facility will be so
close to a residential community, the 10:00 p.m. restriction
might be too late. He added that it might be advisable to
wait to see how the facility will be sited before determing
hours of operation.
July 2, 1985
Page 10
Mr. Bowerman suggested that if the hours were incorporated
at this time, it would be possible to modify them at the time
of site plan review, if necessary.
Mr. Keeler indicated he did not know what stormwater detention
requirements would be at this point.
Mr. Wilkerson stated he was in favor of seeing a signed agreement
between the applicant and the Homeowners Associations before
taking action on the amendment.
Mr. Cogan indicated he agreed with Mr. Wilkerson.
Mr. Payne entered the meeting at 8:30.
Mr. Cogan moved that ZMA-85-15 for George A. Bowles be deferred
until July 9, in order to give the applicant and the adjacent
property owners time to reach an agreement on their concerns.
Mr. Wilkerson seconded the motion which was unanimously approved.
It was determined the hours of operation would be set at the
time of the site plan, and would take into consideration the
siting of the facility and the proximity to residences.
The applicant indicated he felt an agreement could be reached
by July 9.
SP-85-41 Kurt A. Henschen - Request in accordance with Section
10.2.2(36) and 10.2.2.(37) and 10.2.2(22) to allow the operation
of a country store, gifts/crafts/antiques, and a public garage
on 5.55 acres zoned RA, Rural Areas. Property, described as
Tax Map 8, parcel 31 and 32 (part of) is located on the north
side of State Route 810, 0.2 mile west of its intersection with
Route 664 at Nortonsville.
Mr. Keeler gave the staff report. He explained that SP-82-57
had been approved subject to six conditions which were not
perfected and subsequently expired. This current request is
identical to that which was approved under SP-82-57. He stated
staff can determine no change of circumstances and recommends
approval subject to the original conditions attached to SP-82-57.
He added, however, that the Highway Department is recommending
modification to the entrance and relocation of the garage door.
He stated that he could not recall any modifications in access
being required at the time of original approval. He added that
he did agree that the garage door should not be used since
it is directly adjacent to the public road and backing out
would be very dangerous. Mr. Keeler noted that the applicant
had not been made aware of this comment prior to the meeting.
It was determined that condition (2.f) should be added as follows:
�a �
July 2, 1985
Page 11
• Modification of the garage doors to the reasonable
satisfaction of the Chief of Planning.
The Chairman invited applicant comment.
Mr. Henschen addressed the Commission. He stated the concern
about the garage door was a surprise and he was not sure the
door could be moved because of structural problems. He stated
he knew of no other way to get into the building.
Mr. Keeler suggested that if the door closest to the road is
closed, it will be possible to back out in a curve fashion.
He felt it was not possible to back out of the door closest
to the road without actually backing into the road.
Mr. Henschen disagreed with Mr. Keeler.
Mr. Keeler read from the Highway Department's comments made
at the time of the original special use permit: "It appears
this special use permit request is continued as uses which
have been in existence for some time. Due to the topography
and location of existing buildings, improvement of the entrance
proper is not possible. If, however, new buildings are
located, the entire site should be reworked to construct a
standard commercial entrance." He pointed out that the
Highway Department's comments were different in 1982.
The applicant presented a drawing to the Commission. He agreed
that this is not a satisfactory situation but pointed out
the building has been existence for a long time. He stated
he felt he could accept blocking off the garage door.
There being no public comment, the matter was placed before the
Commission.
Mr. Gould moved that SP-85-41 be recommended to the Board of
Supervisors for approval subject to the following conditions:
1. All uses shall be limited to the existing floor area
of the buildings in which such uses are to be located.
The gift/craft/antique shop shall be located in the
dwelling which is physically connected to the store.
The country store shall be located in the store
building and the garage shall be located in the garage
building;
2. The public garage use, in addition to other conditions
contained herein, shall be subject to the following:
a. The public garage use shall be limited to
repairing and equipping of vehicles. Body
work and/or spray painting of vehicles shall be
permitted only as non -conforming use and shall be
unaffected by the issuance of this permit. no
sale or rental of vehicles shall be permitted;
.419
July 2, 1985
Page 12
b. All work shall be conducted within the garage
building;
C. No outside storage of parts including junk parts
or junk cars. Refuse awaiting disposal shall be
stored in appropriate containers;
d. Not more than six (6) vehicles, awaiting repair,
shall be parked on the property outdoors at any
time;
e. Hours of peration shall be limited from 7 a.m. to
6 p.m. and no operation of the garage on Sunday.
f. Modification of the garage doors to the reasonable
satisfaction of the Chief of Planning.
3. Reinstallation of gas pumps shall require Fire Official
approval and may require site plan approval;
4. Fire and Building Official approval and Health Department
approval of all uses;
5. No auctions and no permanent outdoor display of
merchandise;
6. Should sale of gasoline not occur, the Fire Official
may require removal of, filling or other safety measures
for the underground storage tanks.
Mr. Skove seconded the motion which was unanimously approved.
The matter was to be heard by the Board of Supervisors on
August 7, 1985.
SP-85-35 Howell J. Cotten - Request in accordance with Section
10.2.2.20 reference 5.15 of the Zoning Ordinance to allow the use
of four existing cabins for weekend outing lodging/camping on
limited basis. Property, described as Tax Map 48, parcel 15
is located on the west side of Rt. 20N, approximately 1,000
feet north of Stony Point intersection. Acreage of site is
40.84 acres, zoned RA, Rural Areas. Rivanna Magisterial
District.
Mr. Keeler gave the staff report.
Ms. Diehl asked for a clarification as to the Health Department's
concern regarding the water. Mr. Keeler explained that the
water was satisfactory, but that it did not meet current
standards requiring 20 feet minimum grouting.
FRI
Im
July 2, 1985
Page 13
Regarding the two weekends proposed for usage, Mr. Keeler
stated this had been the applicant's proposal.
The Chairman invited applicant comment.
Mr. Cotten addressed the Commission. He stated that inaccurate
information had been supplied about the well in question and
that it is grouted to 50 feet. He had a letter from the well -
driller which confirmed that the well was drilled properly -
He apologized that this information had not been corrected in
the paper work.
There being no public comment, the matter was placed before the
Commission.
It was determined condition (1.) should have the following
added at the end: ..., or verification by Health Department
that the well to be used meets current standards.
Mr. Michel moved that SP-85-35 for Howell J. Cotten be approved
subject to the following conditions:
1. Due to inadequate construction of the well, annual
Health Department review to insure potability of water,
or verification by Health Department that the well to
be used meets current standards.
2. Fire and Building Official approvals of cabins for
sleeping purposes including limitation of occupancy;
3. Camping limited to two weekends per year; provided
that the Zoning Administrator may permit a reasonable
increase in the number and/or duration of such events
upon a finding that such increase would not be ob-
trusive to the area;
4. Compliance with 5.1.5 of the Zoning Ordinance:
a. Provisions for outdoor cooking, campfires, cooking
pits, etc., shall be subject to Albemarle County
fire official approval whether or not site develop-
ment plan is required;
b. All such uses shall conform to the requirements
of the Virginia Department of Health Bureau of
Tourist Establishment Sanitation and other ap-
plicable requirements.
Mr. Wilkerson seconded the motion which was unanimously approved.
The matter was scheduled to be heard by the Board on August 7, 1985.
i ;?A
July 2, 1985
Page 14
SP-85-34 - Grover M. Forloines - It was determined this application
had been withdrawn at the request of the applicant and no action
was necessary by the Commission.
NEW BUSINESS
Mr. Michel asked if there were any way the Commission could
avoid reviewing dam issues (as in the McClure petition). He felt
this was an area that could be handled by staff.
Mr. Payne stated that the Ordinance requires Commission review
of these items and to change this would require an amendment
to the Ordinance.
Mr. Michel indicated he would be in favor of such an amendment,
but no other Commissioners were in agreement.
It was determined it might be possible to make modifications
which would allow some of these issues to be handled by staff.
Mr. Bowerman asked Mr. Michel to meet with staff to discuss
the matter.
There being no further business, the meeting adjourned at 9:00 p.m.
DS
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