HomeMy WebLinkAboutVA200000002 Correspondence 2000-02-15 Jan Sprinkle
From: Greg Kamptner
Sent: Tuesday, February 15, 2000 12:08 PM
To: Amelia McCulley; Jan Sprinkle
Cc: Wayne Cilimberg
Subject: RE: SETBACK IN PUD
I think we need to go back to the 1970's records and find out what the PUD requirements were when this project was
approved, and to find out what was actually approved.
Assuming the zoning ordinance in effect when Four Seasons was rezoned had language similar to current section 20.8.6,
if the BOS failed to establish minimum setback and yard requirements under the second paragraph of section 20.8.6, there
are no applicable minimum setback and yard requirements (except for those structures subject to the first paragraph of
section 20.8.6) until the application plan is amended (and the PUD is re-established with those requirements). Because
variances are authorized only"from the terms of the ordinance,"what term of the ordinance is the applicant seeking a
variance from?
Greg Kamptner
gkamptne@albemarle.org
Original Message
From: Amelia McCulley
Sent: Tuesday, February 15,2000 11.37 AM
To: Jan Sprinkle
Cc: Greg Kamptner
Subject: RE: SETBACK IN PUD
Importance: High
Doesn't it matter what the zoning text read when it was adopted?
Original Message
From: Jan Sprinkle
Sent: Tuesday, February 15, 2000 10:44 AM
To: Wayne Cilimberg; Amelia McCulley; Greg Kamptner
Subject: SETBACK IN PUD
I am doubting my wisdom in accepting an application for variance of front setback within the Four Seasons
PUD.
Please consider Section 20.8.6 which states, "Within the PUD district, the board of supervisors shall
establish minimum setback and yard requirements at time of establishment of such district." Although
Four Seasons never had any setbacks established by the BOS to our knowledge, the zoning dept has
used the established building patterns and determined that main structures must have 25'front yards
(except for garages which are 10'fronts). The day care center at the corner of Four Seasons Drive and
Lakeview Drive now wants to make an addition that will reduce the front yard to 15'. I now think that
should have sent them to Wayne to ask for a variation in the"application plan" (which we don't have- it
went to court in the early 70's and never came back) under Section 8.5.6.3. If Wayne didn't feel that he
should grant the variation, the appeal would be to the BOS. Please advise. Which is the correct path for
this property owner?
[and if it's Wayne, please don't approve the variation.]
Jan Sprinkle
sprinkletg'�albemarle.org
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