HomeMy WebLinkAboutVA199400017 Other 1994-10-27 COUNTY OF ALBEMARLE
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MEMORANDUM
TO: V. Wayne Cilimberg, Director of Planning and Community
Development
FROM: ��4�
Amelia G. McCulley, Zoning Administrator
DATE: October 27, 1994
RE: S.P. 94-27 Joseph Adlesic Stream Crossing
This is an official determination in response to the questions
which arose at the Planning Commission meeting on this
application. The issue at hand is whether this stream crossing
may be approved if the Board is unable to make positive findings
for all of the conditions for issuance of a special permit for
crossing a scenic stream (Section 30. 5 . 5. 2 .d. 6) . It is my
opinion that the Ordinance requires that there are positive
findings for each condition. If any or several findings can not
be positively made, absent a variance granted by the Board of
Zoning Appeals, the application would not meet the requirements
for approval .
The language of this section lists crossings by special permit
and explicitly states "provided that the board of supervisors
shall find, by clear and convincing evidence, in addition to the
findings required by section 31. 2 . 4 . 1, that" and lists a through
g. The fact that these findings are inclusive is evidenced by
the use of semicolons at each condition and by the conjunctive
word "and" just previous to the final condition in the list.
This subsection of the Scenic Areas Overlay District was amended
to include this list of findings on January 19 , 1983 . This
zoning text amendment was a result from a request to the Zoning
Administrator by Dr. and Mrs . W. D. Buxton, for improving an
existing ford to allow access to their residence during high
water.
The staff report notes the following:
As staff recalls, a major concern of the Scenic Rivers
Committee in drafting the zoning provisions was encroachment
of barriers to canoe and other vessel passage. To this end,
uses permitted by right were intentionally limited. In view
of this background, it may be appropriate to include
language in the amendment which would require design to
V. Wayne Cilimberg
October 27 , 1994
Page Two
S.P. 94-27 Adlesic Stream Crossing
permit passage where practical, as was done in the case of
the 'hydroelectric power generation' amendments earlier this
year . . .
I have reviewed the State Code provisions for variance by the
Board of Zoning Appeals, and am of the opinion that the Board has
the authority to review a request under this section.
If you have any further questions, please let me know.
Any person aggrieved by this decision shall have thirty days from
this date in which to appeal this decision to the Board of Zoning
Appeals, in accordance with Section 15. 1-496 . 1 of the Code of
Virginia or this decision shall be final and unappealable.