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Home My WebLink AboutVA199400017 Action Letter 1995-09-18 t. COUNTY OF ALBEMARLE RF( FtVE I ' 3fP 19 1995 MOM DEPPRIVEtfr �IRGINIP MEMORANDUM TO: Amelia G. McCulley, Director of Zoning FROM: Larry W. Davis, County Attorney DATE: September 18, 1995 RE: Adlesic v. Albemarle County BZA, et al. I am in receipt of the Order signed by Mr. Adlesic's attorney, Robert Ingram, agreeing to dismiss the BZA appeal. Pursuant to my discussions with Mr. Ingram and with the consent of the Board of Supervisors, it was agreed that Mr.Adlesic's application fees would be refunded. Please arrange to have a check in the amount of $880.00, reflecting refunds of both the BZA filing fee and special use permit application fee, made payable to Joe Adlesic, P.O. Box 4033, Charlottesville, Virginia 22903. Please let me know if you need additional information. Thank you for your assistance in this matter. LWD:rcs cc: Richard E. Huff, II, Deputy County Executive 95-440.007 - RECFJV D o'A h • �In9t FEB 9 1995 At,_?;; ALBEMARLE Cc;ui!Tv ZONING DEPARTMENT COUNTY OF ALBEMARLE Office of County Attorney 401 McIntire Road Charlottesville, Virginia 22902-4596 LARRY W DAVIS PHONE (804) 972-4067 COUNTY ATTORNEY FAX (804) 972-4068 February 7, 1995 The Honorable Shelby J. Marshall, Clerk Albemarle County Circuit Court 501 East Jefferson Street Charlottesville, Virginia 22902 Re: Joseph R. Adlesic v. Albemarle County Board of Zoning Appeals, et al., 6143-L Dear Ms. Marshall: Enclosed please find Respondents' Motion to Deny Petition for Writ of Certiorari for filing in the above-styled case. Mr. Adlesic's Petition is an appeal of a decision of the Board of Zoning Appeals and, therefore, is a request for a Writ of Certiorari. It is the Respondents' position that the Writ should not be granted because it fails to meet the statutory requirements. Thank you for your assistance and cooperation. Sincerely, W. Davis County Attorney LWD:rcs cc: Joseph R. Adlesic (w/encl.) 95-440 002 bcc: Rob�rt W. Tucker, Jr. (w/encl. ) �Thelia G. McCulley (w/encl. ) VIRGINIA: IN THE CIRCUIT FOR THE COUNTY OF ALBEMARLE JOSEPH R. ADLESIC, Petitioner, v. Law No. 6143-L ALBEMARLE COUNTY BOARD OF ZONING APPEALS, ALBEMARLE COUNTY PLANNING COMMISSION, and ALBEMARLE COUNTY BOARD OF SUPERVISORS Respondents. MOTION TO DENY PETITION FOR WRIT OF CERTIORARI The Albemarle County Board of Zoning Appeals, the Albemarle County Planning Commission and the Albemarle County Board of Supervisors, hereafter Respondents, by counsel, move the Court to deny the Petition for Writ of Certiorari heretofore filed in this matter, on the following grounds: 1. That the Petition was not presented to the Court within 30 days after the filing of the decision in the Office of the Board of Zoning Appeals, as required by Virginia Code § 15.1-497; said Petition being filed instead on the 31st day. 2. That the Albemarle County Planning Commission and the Albemarle County Board of Supervisors are not proper parties for an appeal of a decision of the Albemarle County Board of Zoning Appeals and that the Petition states no grounds to support any justiciable issue between the petitioner and the Albemarle County Planning Commission or the Albemarle County Board of Supervisors. Wherefore, the Respondents respectfully request that the Court deny the Petition for Writ of Certiorari. Respectfully Submitted, ALBEMARLE COUNTY BOARD OF ZONING APPEALS, ALBEMARLE COUNTY PLANNING COMMISSION, and ALBEMARLE COUNTY BOARD OF SUPERVISORS By Counsel i ",.--; W. vis, VSB #19094 ark A. rank, VSB #33714 ALBEMARLE COUNTY ATTORNEY'S OFFICE 401 McIntire Road Charlottesville, Virginia 22902 (804) 972-4067 CERTIFICATE I hereby certify a true copy of the foregoing Motion to Dismiss Writ of Certiorari was mailed, postage prepaid, on the 7th day of February, 1995, to Joseph R. Adlesic, P.O. Box 4022, Charlottesville, Virginia 22903. ( 77,/ ,d—:= 95-440.001 2 VA 94-17 JOE ADLESIC The staff review and recommendation for approval was predicated on the presumption that the property was buildable for a dwelling. In the event the Board chooses to approve the variance, staff recommends that in order to clarify and limit this approval to serve a house which can meet building site requirements, the following condition shall be added: 3 . Approval of this variance is based on approval of a building site for a dwelling. In the event there is no approvable building site, this variance shall be null and void. Prior to final approval for the bridge design and actual construction, the applicant shall receive approval from: a. The Health Department for primary and reserve septic drainfields outside the Water Resource Protection Area; and b. The Zoning and Engineering Departments for a building site which complies with all applicable land use regulations (zoning ordinance, runoff control ordinance, etc. ) . The other conditions are as follows: may} q -r V CCU CC Gd V the trim- `7`f' a( 1 . This variance approval�ubject to approval of special permits for work in the floodplain and the scenic stream crossing. This shall include, but not be limited to conditions relating to bridge location, materials and construction; 2 . Any bridge expansion is subject to amendment of this variance;