HomeMy WebLinkAboutVA199400017 Action Letter 1995-02-03 — - - - -
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COMMONWEALTH OF VIRGINIA
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NOTICE OF MOTION FOR JUDGMENT File No. : 6143-L
CIRCUIT COURT OF ALBEMARLE COUNTY
ROOM 225, 501 E. JEFFERSON ST.
CHARLOTTESVILLE, VIRGINIA 22901
Telephone Number: (804) 296-6621
TO :
Mr . Max Kennedy
County of Albemarle ; Board of Zoning Appeals
401 McIntire Road
Ch ' ville, VA 22902-4596
You are hereby notified that unless within twenty-one (21) days after service of the notice
of Motion for Judgment on you, response is made by filing in the clerk's office of this
court a pleading in writing, in proper legal form, judgment may be entered against you by
default.
Done in the name of the Commonwealth of Virginia.
Feb . 3 , 1995 SHELBY J. MARSHALL CLERK
(date) l
by 0KJ
(Deputy lerk
RECEIVED RFernifFID
FEB 7 1995
ALBElvutn-- AUNTY tLE thn�_
ZONING DEPARTMENT ZONING DEPAPn
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February 3, 1995
Joseph R. Adlesic, petioner/appelant Circuit Court of
vs. Albemarle County
Albemarle County Board of Zoning Appeals,
Albemarle County planning Commission,
and Civil Action Number
Albemarle County Board of Supervisors
I, Joseph R. Adlesic, petitioner/appellant, in the above
captioned manner, file the within petition/appeal regarding the
Board of Zoning Appeals decision to deny request for a variance
(VA 94-17) on January 3, 1995 for the following reasons:
1. The decision was arbitrary and capricious and was a gross
misinterpretation of the facts of the case. Part of the Board of
Zoning Appeals decision to deny the variance was because of bridge
abutments creating additional flood hazards to adjoining properties.
Albemarle County ordinances relating to flood plain issues state
that fill in the flood plain can have no net effect on the flood
plain level. This fact was completely ignored in the decision of
the Board of Zoning Appeals to grant a variance. The evidence for
this misinterpretation of the facts of the case is supported by
the records from the hearing.
2. The decision to deny the variance is,wholly contrary to law
and fact.
3. There is also precedent that a variance had been granted in
1987 for the same issues of the present case and this information
was also ignored.
4. Because of misleading information by the Albemarle County
Board of Supervisors regarding action on this case, which caused
time restraints in submitting this appeal, I have had to represent
myself in this informal manner. I intend to secure an attorney to
present this case to the court or for any technical issues • ; r'
filing the appeal • requested.
RECEIVED Respectfully submitted,
•
its 7 1995
ALBEIIAAtcit- LUUNTY Joseph R. Adlesic
ZONING DEPARTME Lk,:: �_• P• o. Box 4022
I*.:,. �' Charlottesville, Va. 22903
1995 FEB —3 PM 1: 19
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SHEl.f3Y J i1,�i.:
February 3, 1995
I hereby certify that a true and correct copy of the
within petition/appeal was served by 1st class U.S. mail
on the 3rd day of February, 1995, to the following parties
at the addresses indicated below:
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