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HomeMy WebLinkAboutVA199600014 Action Letter 1996-10-01 <:.(7- 111,-- 1\1% COUNTY OF ALBEMARLE Department of Zoning, Room 223 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4035 TDD (804) 972-4012 Mr. Edward H. Bain, Jr. Esq Boyle, Bain & Downer 420 Park Street P 0 Box 2616 Charlottesville, VA 22902-2616 RE: Board of Zoning Appeals Action VA-96-14, Tax Map 61, Parcel 122A Dear Mr. Bain: This letter is to inform you that on October 1, 1996, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for rehearing unanimously (4-0). The variance request will be heard on Wednesday, November 6, 1996. If you have any questions, please feel free to contact our office. Sincerely, Zeryt4_, John W. Grady Deputy Zoning Administrator cc: Samuel and Janet Joseph, Jr SEP271996 BOYLE, BAIN & DOWNER Attorneys at Law ALBEMARLE COUNTY 420 Park Street ZONING DEPARTMENT P.O. Box 2616 Charlottesville, Virginia 22902-2616 (804) 977-6155 EDWARD H BAIN,JR. ROBERT P BOYLE ROBERT H.DOWNER,JR. 1930-1992 PETER L.McCLOUD September 27, 1996 Mr. Max Kennedy, Chairman Albemarle County Board of Zoning Appeals Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902 RE: VA96-14 Tax Map 61, Parcel 122A -- Rehearing Dear Mr. Kennedy: We respectfully ask for a rehearing of the matter heard on September 3 , 1996 during the meeting of the Albemarle County Board of Zoning Appeals when our request was denied on a 2-2 vote . We have additional evidence to present which would show that a one-half canopy, as suggested by one or two members of the BZA, would not be safe for the members of the public using the premises particularly as it relates to lighting of the pump area. In addition, during the discussions by the members of the Board, one member of the Board stated that this application did not meet any of three items required by current law as reflected in the staff report . However, in an earlier staff report on a previous canopy BZA hearing the staff stated that a particular property in a similar situation to ours did meet one of the three items . However, in our case the staff did not mention that fact though we are in a similar situation. For these reasons we respectfully request a rehearing before the Board as soon as conveniently possible . Sincere Edward H. ai , Jr. , attorney for Mr. and Mrs amuel Joseph, Jr. EHBjr/lrk cc : Mr. and Mrs . Samuel Joseph, Jr.