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HomeMy WebLinkAboutVA199400017 Other 1995-02-03 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 (pIL15-L 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 ; n filing the appeal •- requested. rR R3 q_ Respectfully submitted, FEB v 1995 , Joseph R. Adlesic ALEEMARLE COUNTY t ��. P. 0. Box 4022 ZONING DEPARTMENTF- 1 �.� :• ? =' Charlottesville, Va. 22903 1995 FEB -3 Ph; I : 19 Cir;Cui ALBEM \itl SHELBY J HAP:' P•Li. Cl f.RK ni 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: . C 0 Lu-,1/ 0-5 A I ,-, Afq) (k. M ek)(. AZ-41« l e city Tso <ti,c vv. ► 4\5 4o I A c \-1 s e. J2. o a C to 4-4e I IR. , VA L 2 7a 2 - . Cc!Lk_4, c A I „et, My �J i o� }.� � 1/L� rO►r�1M � J 3i 0 < 1 M c _Lr, i re. v ck-ch 1a+It5\1 ; I� VA 2-2-yo2 - �J-y Co ck.r c a, l 461 M c 1� -Y�•re P` 0,c1 �,��r I �-�- e , 1k ) VA 2 L `i - FLED j �� � h A �lestL 1995 FEB -3 PH I : 19 CIi;CUI I CUt,i:I 1 , ;;i;';, ;I h ICE AL©EMARLE (UUNIY.VA D SHELf3Y J t1AR .1i,;1 Cl EPA1). U ✓r -0 �/ 4• ay -- 6 7i II — Ili /"4-c VACiUi (\e ctiq- (b ` 27 c p 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: 1. This variance approval is subject 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;