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Home My WebLink AboutSDP201100043 Correspondence 2013-01-22VEIL, PETTIT & WILLIAMS PLC ATTORNEYS AT LAW 530 EAST MAIN STREET . P.O. BOX 2057 . CHARLOTTESVILLE, VIRGINIA 22902 TEL. (434) 979.1400 . FAX (434) 9775109 . WWW.FPWLAW.COM January 22, 2013 VIA HAND. DELIVERY Dayna Awkard, Deputy Clerk Albemarle County Circuit Court 501 East Jefferson Street Charlottesville, VA 22902 Re: January 10, 2012 Decision of the Board of Zoning Appeals Case No. CL 12000097 Dear Dayna: RALPH L. FEIL DAVID H. PETTIT 1. PAGE WILLIAMS CATHERINE J. WOMACK RICHARD HOWARD -SMITH DAVID B. FRANZ$N DONALD D. LONG MICHAEL E. DERDEYN BRIAN A. CRADDOCK Enclosed please find a fully endorsed Order to be placed before the Court for entry in the above - referenced matter. Please do not hesitate to call me if you have any questions. Sincerely yours, Michael E. Derdeyn MED /ss Enclosure 0 CYI) cc: Andrew H. Herrick, Esq. (w /encl.) Thomas W. Aldous, Jr., Esq. (w /encl.)tpn'.` Richard Brown (w /encl.) Bruce Kirtley (w /encl.) - N VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE IN RE: JANUARY 10, 2012 DECISION OF THE BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY Case No. CL12000097-00 This matter came before the Court on the Petition for Writ of Certiorari filed on February 9, 2012, by Petitioners Chris Suh, Anne Suh, HE&J, Inc., a Virginia corporation, Richard Brown, and Bruce Kirtley pursuant to Va. Code § 15.2 -2314. The Petitioners requested that the Court review the January 10, 2012, decision of the Board of Zoning Appeals of Albemarle 11 County, Virginia ( "BZA "), BZA case number AP201100006, upholding the October 11, 2011, Official Determination by Ron Higgins, Chief ofZoning/Deputy Zoning Administrator required by Condition 9 of Special Use Permit SP29009.032 (the "Official Determination") Upon consideration of the return produced by the BZA upon writ of certiorari, pleadings, the parties' memoranda of law,,the written authorities, and the oral arguments of counsel on December 10, 2012, and for the reasons set forth in the Court's bench ruling on December 17, 2012, the Court rules that the BZA's January 10, 2012, decision was erroneous. 1 NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the January 10, 2012, decision of the Board of Zoning Appeals of Albemarle County, Virginia, BZA case number AP201100006, is REVERSED, as is the Official Determination. The Clerk is directed to send certified copies of this Order to counsel of record and pro se Petitioners. C// �v It • r WkA Prepared at the direction of the Court. Seen and agreed. Craig E. Marshall, No. 82382 Zobrist Law Group PLLC Physical Address: 1900 Arlington Boulevard, Suite B Charlottesville, VA 22903 -1520 Mailing Address: P. 0. Box 4724 Charlottesville, VA 22905 -4724 Telephone: (434) 977 -9664 Facsimile: (434) 977 -0326 Counsel for Petitioners HE &J, Inc., Chris Suh and Anne Suh Seen andA,� i Richard Brown Petitioner, Pro Se tsruce mruey Petitioner, Pro Se 2 Seen and objected to for the reasons stated in the record, including, but not limited to, on the grounds that (1) the Petitioners did not overcome the presumption that the Board of Zoning Appeals' decision of January 10, 2012 was correct; (2) the Board of Zoning Appeals' decision of January 10, 2012 was in fact correct; and (3) statements of individual members of the County Board of Supervisors cannot overrule the plain language of the Board's enactments. L, v Lzi Andrew H. Herrick, Esq. Counsel for Respondent Albemarle County Board of Supervisors Seen and objected to for the reasons stated in the record, including, but not limited to, on the grounds that (1) the Petitioners did not overcome the presumption that the Board of Zoning Appeals' decision of January 10, 2012 was correct; (2) the Board of Zoning Appeals' decision of January 10, 2012 was in fact correct; and (3) statements of individual members of the County Board of Supervisors cannot overrule the plain language of the Board's enactments. Michael E. Derdeyn, Esq. Counsel for Respondent Jeffries II, LLC COUNTY OF ALBEMARLE Department Community Development Zoning & Current Development 401 McIntire Road, Room 227 •Charlottesville, Virginia 22902 -4596 Phone: (434) 296 -5823 • Fax: (434) 972 -4035 Transmittal From: Bill Fritz Date: 09/12/11 To: Joel DeNunzio - VDOT Phil Custer - CD JOB # /FILE NAME: SDP - 2011 -43 and WPO- 2011 -71 Re- Store'n Station We are sending you the following items: ® Attached or ❑ Under separate cover ❑ Copy of Letter ❑ Prints ❑ Plans ❑ Plats ❑ Specifications ❑ Other # of Copies Date Description 1 9/12/11 Revised site plan These are transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: The applicant states that this plan has been revised to address the comments of VDOT and the County. The applicant has not submitted stormwater calculations as of yet but has stated they will be doing so shortly. Phil - this plan has been provided to you for coordination with the WPO. I do not believe the revisions affect the WPO. The plan is being provided to you for information only. Joel - The applicant has stated that they believe this plan addresses all of your previous comments. Please let me know if you can grant VDOT approval. Comments are due in City View or email by: Signature: Bill Fritz r� Ot'AL p�r � IRGS?at� County of Albemarle Department of Community Development Memorandum To: Ron Higgins From: Bill Fritz Division: Current Development Date: August 18, 2011 Subject: SDP 2011— 043 Re- Store'n Station — Final Attached is the most recent revision for Re- Store'n Station. Please review the plan to determine if it is in compliance with the conditions of SP 2009 -34. COUNTY OF ALBEMARLE Department Community Development Zoning & Current Development 401 McIntire Road, Room 227 •Charlottesville, Virginia 22902 -4596 Phone: (434) 296 -5823 • Fax: (434) 972 -4035 Transmittal From: Bill Fritz Date: 06/17/11 To: Ron Higgins - Zoning Joel DeNunzio - VDOT John Diez - CD Engineer 1 Jay Schlothauer - Inspections Final Site Plan James Barber - Fire Rescue 6/17/11 Margaret Maliszewski - ARB JOB # /FILE NAME: We are sending you the following items: ® Attached or ❑ Under separate cover ® Copy of Letter ❑ Prints ® Plans ❑ Plats ❑ Specifications ❑ Other # of Copies Date Description 1 6/17/11 Final Site Plan 1 6/17/11 Planning Commission Action Letter These are transmitted as checked below: For review and comments IXI For Other Remarks: Please review this final site plan and determine if it may be approved as submitted. If it cannot be approved as submitted please identify what changes must be made in order for the plan to be approved. Comments are due in City View or email by: 7/5/11 Bill Fritz