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HomeMy WebLinkAbout1972-11-08-8-72 A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on November 8, 1972, at 7:30 P.M. in the Albemarle County Courthouse. Present: Messrs. Stuart F. Carwile~ Gerald E. Fisher, J. T. Henley~ Jr., and William C. Thacker, Jr.,/Gordon L. Wheeler ...... ~ Absent: Mr. Lloyd F. Wood, Jr. Officers present: County Executive and County Attorney. Mr. Pickford read the following resolution from the Albemarle County Service Authority: WHEREAS it has come to the attention of the Albemarle County Service Authority that Albemarle Development Corporation, owner of a tract of land designated as Parcels 129, 129A, 130 and 131 on Albemarle County Tax Map Sheet 61, has contracted with the City of Charlottesville, Virginia, for the furnishing of water and sewerage services to improvements to be constructed upon said Tract, and WHEREAS, it has come to the attention of the Albemarle County Service Authority that John J. Russell, Bishop of Richmond, and as such titled owner of Branchland, shown as Parcel 135B on said Tax Map Section 61, has contracted to grant Albemarle Development Corporation an easement for a sewerage line, the consideration for the same being the agreement by the City of Charlottesville to furnish sewer and water for improvements to be constructed upon the Branchland tract, and WHEREAS both of said properties are within the jurisdictional area of the Albemarle County Service Authority, and at the present time said Authority is already serving Branchland with sewer service, and WHEREAS the owners of the aforedescribed properties have indicated they intend to improve the same within the near future, which improvements the Albemarle County Service Authority has the right and duty to serve; and ~HEREAS the Albemarle County Service Authority, pursuant to the provisions of Virginia Code Section 1~.1-1261 has the right to require such ~r~perty owners, their successors and assigns, or the occupants of said property, to connect all buildings constructed thereon with the Service Authority's water and sewer lines, and it deems it appropriate to notify such owners of its intent to exercise that right prior to the beginning of such construction, THEREFORE, be it therefore RESOLVED that the Albemarle County Service Authority, pursuant to the provisions of Virginia Code Section 15.1-1261 will require the owners, tenan~ and occupants of the tracts of land comprised of parcels 129, 129A, 130, 131 and 135B, as shown on Albemarle County Tax Map Sheet 61, to connect any and all future improvements constructed thereon, and which require water and sewer services, into the lines of the Albemarle County Service Authority. This requirement shall be in force immediately as to all the aforementioned parcels except as to water connections on parcels !29, 129A, 130 and 131, the water connection requirements as to those parcels to be effective April 1~, 1973. All Connections are required irrespective of any other source available to said properties. It is further RESOLVED that the Board of Supervisors of Albemarle County is hereby requested to concur in this resolution. Mr. Carwile offered motion to adopt the following resolution: WHEREAS the Albemarle County Service Authority by a resolution adopted November ?, 1972, has requested the Board of Supervisors of Albemarle County to concur in its adoption of said resolution, and WHEREAS by said resolution of the Service Authority it has exercised its rights to require certain water and se~r connections as to future improvements on properties owned by the Albemarle Development Corporation and John J. Russell, Bishop of Richmond, and WHEREAS said resolution was adopted pursuant to the provisions of Virginia Code Section 1~o1-1261, and to be effective it requires the concurring action of this body, BE IT THEREFORE RESOLVED that the Board of County Supervisors of Albemarle County~ at the request of the Albemarle County Service Authority, does hereby concur in the action undertaken by said Authority in its said resolution requiring the water and sewer aonnections as therein set out. The Clerk of this board is directed to spread a copy of the Service Authority's resolution with the minutes of this meeting. The foregoing motion was seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. A~tiOn ~n~S~-200, request by Willis J. Martin for a Permanent mobile home was deferred until November 22 since the petitioner-had not been notified of this meeting. Action on this petition ha~ been:deferred from September:27~ 1972~. At the Board meeting of October 19, Mr. Fisher had brought to the attention of the Supervisors the subdivision of land known as Quandary Farm. This land is platted in pipe-stem lots with side-by-side 2~-foot driveways. Mr. Fisher felt this was done with flagrant disregard of the intent of the s~division ordinance and at that time the Supervisors had offered motion to invite the owners of record to a meeting of the Board, on this date. Approximately eight persons were present. The Chairman explained to the owners that the road built by Ra~ond Spradlin, subdivider of the land, does not include the driveways for all the owners of the platted properties, therefore, at the present time, some of~the lots have no legal access to the main road. Some of the property owners expressed confusion stating that Mr. Spradlin had informed them that they were deeded the right to use the road that he Ead bu-ilt. The Chairman stated that if Mr. Spradlin had told the owners this, they had been mislead. There followed a lengthy discussion of the situation, at the end of which the Chairman stated that each property owner should eontact his own attorney and he also stated that if the property owners wished to have a meeting with Mr~ Spradlin?to discuss this, the Board would be willing to attend the meeting. SP-210~ request by Michael B. Stewart for a permanent mobile home was deferred from October 2~. Miss Mary Joy White, Senior Planner gave the staff report again and S~a~that the Planning Commission recommended approval of the petition 28r a two-year temporary permit subject to Health Department approval and renewable administratively for one year thereafter. Mr. Stewart was present. No one from the public spoke since the public hearing on the petition was 1 1-8~. 72 317 concluded on October 25. When queried about exit%from his property, Mr. Stewart stated that he planned to use the existing road. Mr. Thacker stated that he was concerned about putting a permanent mobile home in a large-lot subdivision, however, he offered motion to approve a temporary permit for one year and renewable for one year thereafter and subject to Health Department approval of a septic tank system. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. At 8:00 P.M., the Chairman called for public hearings on zoning matters as advertised in the Daily Progress on October 18, October 25 and November 1, 1972: (1) Amend existing Article 10-6 and 1066-1 Non-Conforming Lots of the Albemarle County Zoning Ordinance as follows: 10-6. Any lot of record at the time of the adoption of this ordinance which is less in area or width than the minimum required by this ordinance may be used if the rear, side and front setback can be met. 10-6-1. All preliminary and final subdivision plats approved prior to April 15, 1968, by the County of Albemarle, as provided by law then applicable, are exempt from the requirements relative to frontage and area requirements. All other requirements of this ordinance shall be applicable. No one from the public spoke. Miss White stated that this change was to clarify language in the zoning ordinance only. Motion to adopt the foregoing was offered by Mr. Fisher, seconded by Mr. Thacker and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. (2) Amend the Albemarle County Zoning Ordinance as follows: Amend "Article 11. General Provisions" to read, "building permits" in ~ieu of"zoning permits" and amend all references to zoning permits within the Albemarle County Zoning Ordinance to read "building permits" in lieu of "zoning permits". No on~ from the public spoke. Mis White stated that this change was to clarify language in the zoning ordinance so as not to confuse zoning permits with re-zoning. /the Motion to adopt/foregoing was offered by M~.. Thacker, seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheele~ NAYS: None. (3) CUP-151. Albemarle Development Corporation. As per request of the petitioner, Mr. Carwile offered motion to defer action on this petition to a date suitable to the Board and the applicant and ordered that same'be re-advertised at that time. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler. NAYS: None. ($) SP-209. Russell M. Shifflett. Applicant wishes to place a permanent mobile home on property located on Route 53, 5 miles east of Charlottesville. Property which contains 5.58 acres is zoned A-1 Agricultural and is described as County Tax Map 92, Parcel $9. Scottsville Magisterial District. Mr. Shifflett was present in support of the petition. Miss White stated that the Planning Commission recommended approval, conditioned upon health department approval 1 1 -8-72 of a septic tank system and a 200 ft. set-back from Route 53. Motion to accept recommendation of the Planning Commission was offered by Mr. Eenley, seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher~ Henley~ Thacker, and Wheeler. NAYS: None. (~) SP-211. James R. Armstrong. Applicant wishes to place a public garage on property located on Route 71~ in Esmont~ Virginia. Property which contains 0.39 ef an acre and is zoned A-I Agricultural is described as County Tax Map 128-B, Parcel 31. Scottsville Magisterial District. Miss White stated that the garage is a proposed addition to an existing single story building located on the property. A service road along an old railroad bed parallels Route 71~ in front of the building. There are dwellings visible across Route 71~, also north of the property. The land rises steeply to the east and the property is well-screened to the south. The property is located in an area primarily residential° The proposed garage may be considered incompatible in use with the area and the lot size is insufficient for such an operation. Miss White. also stated that at the October 16 Planning Commission hearing, this petition was considered. There were many people who spoke both for and against the petition. The main argument seemed to be that this is in the middle of a residential area and the Planning Commission had deferred action at that time. On October 30, a committee reported that Mr. Armstrong owned other property that could be utilized and the Planning Commission unanimously recommended denial of the petition. Mr..~nd Mrs° Armstrong were present. Mr. Jack Kegley~ Attorney, was present to speak for the petitioner. He stated that of the six people notified by the Planning Commission of the public hearing, foUrhad signed a petition for Mr. Armstrong, one was opposed and one did not reply, Several peopSe who spoke against the petition lived one or more miles away. He stated that M~. Armstrong is the contract purchaser and the question~ of his owning other land was silly since it is approximately four miles away and on an unsurfaCed road. The land is not in a service area but on open land. Mr. Armstrong will do repair work and restore antique autos. Mr. Ermstrong spoke stating that he does not plan to have a junk yard on this ~operty. He is a qualified mechanic and will not have non-operative automobiles on th~.qproperty. The Chairman opened the meeting to public discussion of this petition. Following are brief comments: Mr. James Cooke owner of adjacent property spoke in favor of the petition. A Mrs. Tapscott spoke in opposition stating that this garage would be directly in f~ont of her house. Mrs. Armstrong stated that it would not be directly in f~ont since there was a bank between her property and the existing building. 11-8-72 319 Mr, B. M. Littler spoke in opposition, stating that half of the property consisted of a steep bank which .could not be utilized. Mr. William Heath spoke in opposition. He stated that the area is designated as a residential cluster. Mr. A1 Turnbull, a new r~sident of Esmont, stated ~hat he did not know of the heavy commerical use that was in Esmont ten years ago, but he is opposed. Mr. Roger McBrid~spoke in oppositiion stating that this is a charming village. Mrs. 'Page Massey~ speaking for her mother~ Mrs. Tapscott, who is the seller of the land in question~ spoke in favor. Several other people, unidentified, spoke in opposition. At this time, the Chairman called an end to the public hearing on this matter. Mr. Thacker questioned A-1 zoning in Esmont. He stated that a number of people have talked and written to him concerning this p~tition and the majority were in favor. He has talked to Mr. Armstrong and ~eels it might cause a hardship if the permit were not granted. Mr. Fisher felt that granting a special permit might be considered spot zoning. Mr. Wheeler felt the Board whould review the site. Mr. Carwile ooncurred and offered motion to defer action of this petition until November 22 in order to allow the Board to view the site. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Car~ile, Fisher, Henley~ Thacker and Wheeler. NAYS: None. Mr. Fisher posed several questions concerning the Rivanna Water and Sewer Authority. Mr. Batchelor was instructed to have the attorney preparing the tri-party agreement expedite this matter and was also instructed to see that all the new media are informed of the Rivanna Water and Sewer Authority meeting dates and location of same. Motion was offered by Mr. Thacker to adjourn into executive session to discuss a legal matter. Motion was seconded by Mr. Carwile and carried by the following recorded vote: AYES: Messrs. Carwile~ Fishery Henley~ Thacker and Wheeler. NAYS: None. The Board reconvened. Upon proper~$otion~ the me~ting was adjourned. Chairman