1975-08-13 8-7-75
Mr. Wheeler: Do we have anything else we have to take up gentlemen, any further comments
comments you wish to make Tom? ·
Mr. Batchelor: My comments are in the letter, and it's been enjoyable.
Mr. Wheeler: Meeting adjourned gentlemen.
(Meeting adjourned at 5:05 P.M.)
Chairman
Any
8-13-75
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on August
13, 1975 at 7:30 P.M., in the Albemarle County Courthouse, Charlottesville, VirDinia.
PRESENT: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker Jr.,
Gordon L. Wheeler and Lloyd F. Wood, Jr. '
OFFICERS PRESENT: Messrs. T. M. Batchelor, Jr., County Executive; Robert Sampson, Assistant to
County Executive; James Bowling and Frederick Payne, Deputy County Attorneys; George R. St. John,
County Attorney; Hartwelt Clarke, Zoning Administrator & Building Inspector; and Mrs. Mary Joy
Scala, Senior Planner.
Meeting was called to order at 7:35 P.M.
No. 1. Moratorium Clarification. Mr. Wheeler noted that the emergency ordinance adopted on
August 6, 1975, temporarily prohibiting the County of Albemarle from accepting or acting upon
certain applications relating to development in the watershed of the South Rivanna River Reservoir,
needed clarification, as certain problems have arisen since its enactment. Mr. Batch~lor commented
that this amendment to the ordinance would allow for repair or replacement of structures neces-
sitated by forces beyond the control of the owners of the structures.
Mr. St. John presented a resolution to the Board, which was read into the record by Mr. Fisher.
WHEREAS, on August 6, 1975, the Board of Supervisors of Albemarle County enacted a certain
ordinance temporarily prohibiting the County of Albemarle from accepting or acting upon certain
applications.relating to development in the watershed of the South Rivanna River Reservoir
(Hereinafter referred to as the Interim Moratorium Ordinance); and
WHEREAS, through an oversight, no provision was made in the said ordinance for the issuance
of building permits on an emergency basis to permit the repair and/or reconstruction of structures
necessitated by forces beyond the control of the owners of such structures;
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Albemarle County that. Section
(6) of the Albemarle County Interim Moratorium Ordinance be, and the same hereby is, amended by
the addition thereto of the following proviso:
(1)
"provided,.i however, that, nothing in this Ordinance shall be construed to prohibit the
issuance of building permits for the repair and/or reconstruction of any structure which
repair and/or reconstruction is necessitated by forces beyond the control of the owner of
such structure, which repair and/or reconstruction shall be necessary to prevent a clearly
demonstrable hardship approaching confiscation or a situation dangerous to the public
health, safety and welfare, and which repair and/or reconstruction will, in the opinion of
the'Albemarle County Building Official, have no significant impact on the qualify of water
in the South Rivanna River Reservoir;"
(2) An emergency being found to exist, this amendment shall be effective immediately.
Mr. Thacker said the moratorium he proposed -on~AuD~st ~t.h..i~posed more hardship to the public
than he expected or intended. He did not intend to preclude repairs, single-family homes, renovation
or improvement type work, and could see no harm in allowing repair work of the nature proposed at
Miller School.
Mr'. Thacker offered motion to adopt the-resolution as presented, to be effective immediately.
Mr. Fisher asked for a definition of reconstruction, and Mr. Thacker said in his opinion it
would mean restoring a building to its original condition, not an addition thereto.
Mr. Wood suggested in order to simplify the handling of the proposed ordinance amendment, Mr.
Hartwell Clarke, Building Official, be allowed to issue emergency permits at his discretion, pro-
vided he is given the proper guidelines. Mr. Thacker asked Mr. Clarke if he felt this ordinance
could be implemented in this fashion. Mr. Clarks's comments were inaudible to the clerk. Mr.
Carwile said he felt the Building Official could probably handle the issuance of the~ emergency
permits, as long as there was no soil disturbing activity involved. Mr. Wheeler asked Mr. St. John
to redraft the resolution to include the suggestions. Mr. Thacker said he would withdraw his motion
until Mr. St. John presented the amendment.
After considerable discussion as to whether or not to include single-family homes in the
emergency amendment, and exactly what constituted emergency earth moving, Mr. Frederick Payne
suggested the f5llowing revision in the proviso of the amendment to the Interim Moratorium Ordinance:
"provided, however, that, nothing in this Ordinance shall be construed to prohibit the issuance
of building permits for t'he construction of any single-family residence, for any work not
involving any land disturbing activity as defined by the Albemarle County Soil Erosion and
Sedimentation Control Ordinance, nor for the repair and/or reconstruction of any structure
which repair and/or reconstruction is necessitated by,forces beyond the control of the owner of
such structure, which repair and/or reconstruction shall, be necessary to prevent a clearly
demonstrable hardship approaching confiscation or a situation dangerous to the public health,
safety and welfare, and which repair and/or reconstruction will, in the opinion of the Albemarle
County Building Official, have no significant impact on the quality of water in the South
Rivanna River Reservoir;"
8-13-75
233
Mr. Thacker asked Mr. Clarke if this would allow a building permit to be issued to a homeowner
who wished to "panel a basement". Mr. Clarke replied it would. Mr. Thacker then offered motion to
adopt the amendment to the Interim Moratorium Ordinance with the revised proviso as just previously
read by Mr. Payne. Motion was seconded by Mr. Wood, and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Wood requested the Board's opinion on whether or not'the public should be allowed to sit in
on the technical committee appointed to make recommendations and guidelines on the Rivanna River
Reservoir problem. He felt the sessions should be open to the public, but without public input or
questions. Mr. Fisher agreed with Mr. Wood, and added he had received requests from the Builders
Association and a citizens group asking for permission to attend the work sessions.
Mr. Wheeler, Mr. Thacker and Mr. Batchetor all felt the Committee was entitled to their privacy,
as they were under a great amount of pressure to complete a very technical report in only two weeks
time. Dr. Lawrence Quarles of the Rivanna Water & Sewer Authority, a member of the Committee, was
present at the meeting, and agreed that the Committee could best serve the interest of the County if
allowed total privacy.
Mrs. Jane Biltonen of Woodbrook suggested that delegates from citizen groups attend the meetings,
thereby limiting t~e number of people in attendance and allowing the public access to the subjec~
matter being discussed by the Committee.
Mr. Carwile said he respected the wishes of Dr. Quarles. Mr. Henley said he respected the
wishes of t~e Chairman of the Committee, Mr. J. Harvey Bailey.
Mr. Henley then offered motions-to allow the Committee to meet in strict privacy. Motion was
seconded by Mr. Carwile, and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Henley, Thacker and Wheeler.
Messrs. Fisher and Wood.
No. 2. SP-466, Dr. Charles Hurt - Hitlcrest. (deferred from July 9, 1975) Mr. Carwile abstainin
during discussion and vote on the following matter. 'Mrs. Mary Joy Scala said this request was
deferred because the Board wished input from a representative of the Rivanna Water & Sewer Authority
regarding future connections to the Moores Creek treatment plant. Dr. Lawrence Quarles, Chairman of
the Board of Directors of the Rivanna Water & Sewer Authority, was present, along with Mr. Eugene
Potter. Dr. Quarles said the plant has been operating at full capacity for almost a month. The
increased flow is 750,000 gallons per day over the present authorized capacity. Final approval of
this additional flow capacity must be given by the State Water Control Board.
Mr. Wheeler told Dr. Quarles the Boards concern was whether or not there would be sufficient
capacity to allow hookups from the Hillcrest development two or three years from now. Dr. Quarles
said Moores Creek should be able to handle new hookups for quite a number of years, but hopefully
within ten years there will be a new treatment plant to further increase capacity.
Mr. Thacker asked Dr. Quartes if he knew how. many residential taps have alreadybeen committed
by the City. Dr. Quarles replied he ~did not know, and Mr. Batchelor said hookups are given strictly
on a first-come first-serve basis; when the person building the home is ready for a hookup he gets
the service; there are no reservations. Mr. St. John said he interpreted the agreement between the
City and the Rivanna-Water & Sewer Authority as meaning there is no priority between customers
established by these documents; and ~here is a strictly adhered to policy that no potential customer
can pre-empt another customer. In o~herwords, whoever is ready first-to make the actual connection
gets it. This is the policy of the Albemarle County Service Authority.
Mr. Fisher requested the 14 conditions recommended by'the Planning Commission be reread to the
Board. Mrs. Scala~read the 14 conditions as recorded in the minutes of the June 18, 1975, Board of
Supervisors meeting. Mr. Fisher referred to condition #6, and said the Homeowners Agreement should
not only include maintenance of the~ dam, but also replacement of it. Mr. Henley then asked if the
developer got a vested interest in receiving sewer capacity once he put in his roads and utility
easements. Mr. St. John said no the developer is building the roads etc., at his own risk.
After further discussion a~ to possible vested rights of the developer, Mr. Wood offered motion
to approve SP-466 with the 14 c~nditions recommended by the planning Commission with the clear
intention that no development t~ke piace until sewer capacity is a~ailab!e. Second to the motion
was made by Mr. Henley.
Mr. Thacker asked what bec~me of the suggestion that a s~hool be built on land designated
"institutions". Mr. Hill, representative of Dr. Hurt, said he spo~e with Mr. McClure, Superin-
tendent of Schools, who indicated it would be approximately five years before the Department of
Education' was ready to build a schoo~ in this area of the County.
Mr. Wheeler suggested a 15th condition~stating no development of any kind until certification
is received on the Moores Creekl Treatment Pliant. Mr. Potter of the Rivanna Water & Sewer Authority
said the certification was expected within the next month. Dr. Charles Hurt said he did not mind
waiting even six m~nths for the certification, as long as he had assurance the request would then be
approved.
Mr. Wheeler suggested the motion made by Mr. Wood be withdrawn and this request be deferred
until September 24th meeting. Mr. Wood and Mr. Henley agreed to withdraw their motion, and then
offered and seconded motion to defer action on this request until September 24. Role was called and
carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSTAIN: Mr. Carwite
No. 3. Restricted Road, Hedgerow Corporation (as shown on preliminary plat dated July 14,
1975, signed by Kurt Gloeckner, Engimeer, Surveyor and Land Planner). Mrs. Scala said the sub-
division would be made up of seven lots averaging a size of ~.08 acres. The restricted road is off
an existing 50 foot right-of-way which is not built to state standards, and that right-of-way comes
off State Route 677. The Planning Commission approved the preliminary plat on July 15, 1975 subject
234
The existing right-of-way must be constructed to state standards ~
The proposed road is approved as a restricted road subject to all County requirements to
serve seven lots.
The Commission waives the frontage requirements on lots 4 5 and 6 in order that they may
enter onto the proposed road. '
Lots 4, 5 and 6 may not enter onto Route 677 (Ba!lard Road).
Standard approval must be obtained from the Health Department, Highway Department and
County Fire Marshal.
This development would be served by County water.
Mr. Henderson Hayward, the applicant, questioned whether or not the State would accept the
existing right-of-way. ,..,¢~x~_~M
Mr. John S..~M~, who owns a farm which surrounds the Hedgerow property on three sides said
he was not opposed to the proposed plans. He also suggested a possible realignment of the roads
making use of West Leigh Road. '
Mr. Fisher said he had been out to.~nsHect t~ area, and reported the topography was very steep
and would require erosion control Mr.-~ - ~ ~urvner described the appearance of the property in
question, and said there is presently an erosion problem caused by the general steepness of the
land. He said the water carries soil down Ballard Road and directly into Ivy Creek, and if this
request were approved, extra precautions would have to be taken to prevent further erosion.
No one else from the public wished to speak either for or against this request. Mr. Wheeler
stated this matter would have to be deferred until the Interim Moratorium Ordinance was lifted.
Motion to defer until September 10, 1975, was offered by Mr. Fisher, seconded by Mr. Carwile, and
carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 4. Restricted Road; Mary White Estate (deferred from March 5, 1975). Mrs. Scala stated
this was a preliminary plat for a restricted road just off Broomiey Road through Flordon. On
February 3, 1975 the Planning Cormmission approved this plat subject to the following conditions.:
1)
2)
3)
5)
Homeowners Association established to provide for maintenance of internal roads, and joint
maintenance of Broom!ey Road with Flordon Homeowners. Document to be approved by County
Attorney.
Internal roads to be constructed to County standards for restricted roads.
Right-of-way for the extension of Broomley Road across the frontage of this property to be
dedicated to provide for 50' widths. This extension of Broomtey Road to be constructed to
State standards.
Restricted road must be approved by the Albemarle County Board of Supervisors.
Utilities will receive final approval when plat is submitted.
Mr. James Murray,Jr., representing the Mary White Estate, said he had been in contact with
property owners of Flordon and tried to negotiate joint maintenance of Broomley Road. He said a
formal contract was not possible because Flordon has no organized homeowners association with which
to enter an agreement. Mr. Murray gave a brief history of Broomley Road, stating it was originally
put to record on October 7, 1895. He said the entire problem stems from the fact that in 1959 the
Board of Supervisors approved the very end of Broomley Road as an internal street in the Flordon
Subdivision with no provisions for maintenance. He concluded by saying that the only way to bring
Broomtey Road up to a standard 50' width would be to purchase property.
Mr. Bill Leggett, resident of Flordon, and administrator of the Flordon Road Fund; said although
they are not a legal organization, property owners contribute annually to the maintenance of the
road. He stated Broom!ey Road is in about the poorest condition of any of the Flordon roads, and
added that if this request of the Mary White Estate is approved and allowed to use Broomley Road, it
would put an unbearable burden on the road.
Mr. Gerald Tremblay, a resident of Flordon, said he was not opposed to approval of the Mary
White Estate. He felt Broomley Road would have to be widened before such land development could be
approved, and that he was mostly concerned aboUt traffic safety on Broomley Road.
Mr. St. John cited a Supreme Court case which ruled that once a right-of-way is established, if
the property is subdivided, the right-of-way still remains the same. He added that the greater width
would be used, either the existing roadway or the recorded plat (in this case the 30' recorded plat
right-of-way). Mr. St. John said the Board must either deny this restricted road request because
Broomley Road does not meet the Subdivision Ordinance requirements and cannot be changed, or if
approved, those requirements must be waived.
Mr. Thacker asked if restricted roads provision of the Subdivision Ordinance require that a
restricted road connect with a State maintained road~ Mr. Frederick Payne said the Board has the
power to waive that requirement. Mr. Fisher requested that the County Engineer look at Broomley
Road and present possible recommendations to~ the Board. Motion was offered by Mr. Carwi!e to defer
to September 24, 1975. Motion was seconded by Mr. Fisher and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwi!e, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 5. SP-500, L.I. Associates (deferred from July 23, 1975) applicant for a central .well.
Mrs. Scala read the County Staff report:
Property is located on the north side of Route 706, approximately 0.5 miles west of Route 631.
Area is rural in nature, but is being developed in single-family residential uses both rental
and owner-occupied.
The applicant has been operating on an existing central well since 1970. It was discovered
recently no special use permit was ever obtained for such well, the applicant is requesting to
come into compliance. Field inspection reveals that there are 16 rentat units on the property.
There are two wells serving the 16 units, one well serves 13 units, the other serves three.
The staff recommends approval of this special permit, in order to'bring the applicant in
8-13-75
235
3.
4.
5.
Well output of one gallon per minute per unit;
Any additional units served by this well will require an additional special use permit.
Additional special permit be obtained for second well.
Health Department approval if needed.
County Engineers approval of storage capacity.
Mrs. Scala added that this special permit is for the well serving the 13 units, and that it has
an output of 20 gallons per minute, Mrs. Scala then read from a memorandum from the Assistant
County Engineer, Ashley Williams, saying the well meets County standards, and supplies sufficient
water and storage to supply the 13 rental units. Mrs. Scala also referred to a letter sent to
renters of the 13 units by L.I. Associates, asking if they had ever experienced low pressure or lack
of water during the time' of occupancy. Mrs. Scala noted that several of these letters stating they
had no water problems, were received in lieu of a 48 hour pump test.
Mr. Harry Brown, the owner, stated it was an honest mistake on his part and that he had relied
on the drillers of the well to inform him of any required permits.
No one else from the public wished to speak either for or against this request, and Mr. Wheeler
declared the public hearing closed. Mr. Fisher offered motion to approve the request with the five
conditions as stated by the Planning Commission. Motion was seconded by Mr. Henley, and carried by
the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, ~Thacker, Wheeler and Wood.
None.
Mr. Carwile.
No. 6. SP-502, Virginia Marie Walker (deferred from July 23, 1975) mobile home request.
Scala read the staff report.
Mrs.
Property is located on the east side of Route 616, approximately one mile south of Keswick.
Area~is rural in character with several single-family dwellings in the vicinity. The property
in question is primarily wooded with one single-family dwelling. The mobile home is presently
located on the property approximately 500 feet from Route 616 and approximately 200 feet from
the existing dwelling. Virginia pines parti'ally screen the mobile home from Route 616. The
applicant is the granddaughter' of the landowner and as best as can be determined, no one is
living in the mobile home at this time. The Planning Commission recommends approval with the
following conditions:
e
4.
5.
6.
7.
Approval from appropriate state and local agencies;
Setback from Route 616 of 100 feet and setback from the existing right-'of-way into the
property of 60 feet;
Skirting around mobile home from ground level to base;
Mobile home not to be rented under an'y circumstances;
Mobile home permit issued to applicant and is non-transferable;
Screening, if necessary, to be determ±ned by Zoning staff;
Time limit of five years.
The applicant was present, but had no oomments for the Board. No one else from the public
wished to speak either for or against the petition, and Mr. Wheeler declared the public hearing
closed. Motion was then offered by Mr. Fisher, seconded by Mr. Henley, to approve the special
permit with the seven conditions as recommended by the Planning Commission. Role was called and
motion carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Messrs. Fisher, Henley, Thacker and Wheeler.
None.
Messrs. Carwile and Wood.
No. 7. Public Heari.ng: Ordinance to amend Article 28 of the BOCA Basic Fire Prevention Code
of 1975 to exempt the provisions thereof-, the sale and use in Albemarle County of those articles
delineated in Virginia Code Section 59.1-147, as amended. (Ordinance to allow for the sale of
certain fireworks)(Advertised in the Daily Prosress on July 30 and August 6, 1975)
Mr. Kelly Reynolds, CountH Fire Marshal, said that State Code Section 59.1-148 allows local
governments to have a more stringent law than the State law. He added that the "sparkler" is
responsible for 53% of the 6500 firework'injuries recorded this last July 4th holiday over the
United States. Mr. Reynolds presented an Affidavit to the Board signed by Mr. William D. Sullivan,
former County Fire Marshal, who stated that the 1970 Edition of the BOCA Basic Fire Prevention Code
adopted by the Board of Supervisors on May 16, 1974, also contained an article prohibiting the sale
of fireworks. He added that at least ten fires were caused last year in Albemarle County due to
fireworks.
Dr. Richard Edlich, Department of Plastic Surgery of the University of Virginia, said this year
there have been no reported cases of injury from fireworks at the University Hospital, but he con-
sidered this fortunate since there have been 47 cases reported from the National Burn Council. He
added that most injuries are to young children, and gave his full support to the total ban of fire-
works in the County.
Mr. Reynolds presented a letter from Dr.. M..K. Humphries, Jr., dated August 13, 1975, which
quoted statistics of injury, fires and types of fireworks wh±ch caused same.
Mrs. Kirby, a gift shop owner, said 90% of the people she sells fireworks to are out of state
tourists. She agreed they should be used under adult suPervision, but felt they were no more
dangerous than household items which can also cause fire or bodily injury. She added that she would
be willing to sell only those items which were legal.
No one else from the public wished to speak either for or against the Ordinance, and Mr. Wheeler
declared the public hearing closed. Mr. Wheeler said he felt the State regulations governing sale
of fireworks would also be adequate for Albemarl'e County. Mr. Wood wanted to be certain that the
Fire Marshal had the authority to inspect and control storage of fireworks if allowed to be sold.
Mr. Fisher said he did not feel sparklers etc., wer~e that dangerous to the general public and
supported the passage of th'e ordinance amendment.
236
8-13-75
Mr. Thacker offered motion to adopt the following ordinance.
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Article 28
of the B.O.C.A. Basic Fire Prevention Code of 1975, as heretofore adopted in Albemarle County,
is hereby amended to exempt the provisions thereof, the sale and use in Albemarle County of
those articles delineated in Virginia Code Section 59.1-147, as amended.
Mr. Carwile asked Mr. Reynolds to elaborate on the effect fireworks sales would have on County
fire insurance rates. Mr. Reynolds said the entire code is given a rating of 100 points, and by
allowing the sale of fireworks 15 points are deducted.
Motion was seconded by' Mr. Wood, and carried by the following recorded vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: Mr. Carwile.
No. 8. Public Hearing, Land Use Tax Ordinance; to amend and reenact the Albemarle County Code,
Section 9-32, Article VIII, -Chapter 9, section 'e'ntit.led',Application by property owners for as-
sessment.'' (as advertised in the Daily Progress on July 30 and August 6, 1975.) Mr. James Bowling
said this amendment would reflect changes in the State
Code. Miss Page Godsey said it would cut down on County paperwork and reduce the number of applications
required on some land parcels.
No one from the public wished to speak either for or against this amendment and Mr. Wheeler
declared the public hearing closed.' Mr. Batchelor said this was just an administrative procedure to
streamline the original ordinance. Motion was then offered by Mr. Carwile to amend and re-enact the
Albemarle County Code Chapter 9, Article VIII, Section 9-32 as follows:
BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that the Albemarle
County Code, Chapter 9, Article VIII, Section 9-32, is amended and re-enacted as follows:
SECTION 9-32. Applications for assessment - By property owner.
The owner of any real estate'meeting the criteria set forth in Section 9-30 and Section 9-
34(b) herein and the st.andards adopted by the commissioner of agriculture and commerce, the
director of the department of conservation and economic development or the director of the
commission of outdoor recreation, and this ordinance, must submit an application for taxation
on the basis of a use assessment to the local assessing officer by November 1 preceding the tax
year for which taxation is sought. An individual who is an owner of an undivided interest in a
parcel may apply on behalf of himself and the other owners of such parcel upon submitting an
affidavit that such other owners are minors or cannot be located.
Such application shall be submitted whenever the use or acreage of such land previously
approved changes. Applications shall be submitted on forms prepared-'by the state tax com-
missioner and supplied to Albemarle County for use of the applicants. A separate application
shall be filed for each parcel listed on the land book.
Motion was seconded by Mr. Fisher, and carried by the following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 9. Land Use Classification Appeals Board.
for consideration by the Board of Supervisors.
Miss Godsey presented the following resolution
BE IT RESOLVED by the Board of Supervisors of Albemarle County that there is hereby
established a Land Use Classification Appeals Board composed of three members to be named by
this Board, who shall serve terms of~ years respectively. The duty of the Land Use Class-
ification Appeals Board shall be to serve as an advisory appeals board for the Director of
Finance and the Department of Finance, hearing all appeals from the Land Use Tax Office's
decision on a particular applicant's land use classification under the Land Use Tax Ordinance.
Mr. Henley felt the appeals board was an excellent idea, as it would give the public an opportunity
to appeal decisions made by the County staff before a citizen board'. Mr. Thacker asked what the
recommended term should be. Mis's Godsey. said she left the term blank so the Board could choose.
Mr.. Henley suggested a term of two years, then offered motion to adopt the resolution as presented
inserting two years as the term of service. Motion was seconded by Mr. Fisher, and carried by the
following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
Mr. Wheeler suggested this be placed back on the agenda for the August 21, 1975 meeting to make
the appointments.
At this point, Miss Page Godsey, Administrative Assistant, made the announcement, that she had
submitted her resignation to the County Executive effective September 15, 1975. She stated she had
been accepted for a position in the Richmond City government.
No. 10'. Amendment to the Albemarle County Zoning Ordinance, Section 5-5-1 (deferred from July
23, 1975) to clarify side yard requirements for two-family dwellings. Mrs. Scala read the original
section as "Section 5-5-1. Side. The minimum side yard for each main structure shall be ten (10)
feet or more." then read the suggested amendment "For a two-family dwelling, the side yard shall be
a minimum of ten (10) feet at each end of each structure." She explained the addition of the second
sentence would a'ltow a duplex home to be build straddling the property line so each half could be
sold separately.
Mr. Fisher asked if these homes meet the standard building code and have a fire wall between
the dwellings. Mr. Frederick Payne, said this amendment 'has nothing to do with the building code,
as it is administered separately from the zoning requirements. But said the homes did meet building
code requirements. Mrs. Scala said the Planning Commission recommended approval of the amendment.
Motion was then offered by Mr. Carwile to amend 'the Albemarle County Zoning Ordinance, Section 5-5-1
8-13-75
237
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley~ Wheeler and"Wood.
Mr. Thacker.
No. 11. Amendment to the~Albemarle County Zoning Ordinance, Section 5-1-1 (R-2 Residential
District) and Section 6-1-1 (R-3 Residential General) concerning accessory buildings (deferred from
July 23, 1975). Mrs. Scala read the ordinance section as it presently appears "Section 5-1-1.
Accessory buildings as defined; however, garages and other accessory structures such as carports,
porches and stoops attached to'the main buildi.ng shall be bonsidered part of the main building. No
accessory building may be closer than five (5) feet to any property line." The following sentence
would then be added to this section "There shall be no setback requirements for detached garages or
carports which are incidental to single-family dwellings, two-family dwellings or townhouses. Where
the R-2 zone abuts a lower density zone, the five (5) feet setback shall be adhered to."
Section 6-1-1, the ordinance section presently reads "Accessory buildings permitted as defined;
however, garages and other accessory structures, such as carports, porches and stoops attached to
the main building shall be considered part of the main building. No accessory building may be
closer than one (1) foot to any property line." ~The amendment would add "There shall be no setback
requirements for detached garages or carports which are incidental to single-family dwellings, two-
family dwellings or townhouses. Where the R-3 zone abuts a lower density zone, the one (1) foot
setback shall be adhered to."
Mr. Fisher asked if this problem arose out of an actual situation. Mrs. Scala said no, that it
would be an unusual situation, but would eliminate the need for variances.
Motion was offered by Mr. Wood to amend and re-enact Sections 5-11 and Section 6-1-1 of the
Zoning Ordinance with wording as read. Motion was seconded by Mr. Carwile, and carried by the
following recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 12. Amendments to the Albemarle County Land Subdivision and Development Ordinance to amend
Section 1 Definition and amend Section 1-54 a rewording of the definition of "Subdivision" (deferred
from July 23, 1975). Mrs. Scala requested deferral es the Planning Commission had not yet acted on
same.
Mr. Carwile offered motion to defer until requested to havre placed back on the agenda.
was seconded by Mr. Thacker and carried by the following recorded vote:
Motion
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 13(a). Appointments, Library Board. Mr. Thacker said the appointment was to come from
his district, and then requested deferral to the August 21, 1975 meeting.
No. 13(b). Appointments, Building Code Appeals Board. Mr. Carwile said five citizens are
needed, and proceeded to read the qualifications required for appointment: "each member shall be a
licensed professional engineer, architect, builder or superintendent of building construction with
at least ten years experience or five years in which he shall have been in responsible charge of
work and at no time shall there be more than two members on the Board selected from the same pro-
fessional business; and at least one of the professional engineers shall be a licensed structural or
civil engineer of architectual engineering experience." It was agr.eed by Board members that res-
idence in the County would not be a requirement,-as long as the appointees practice their trade in
Albemarle County.
Morion to defer appointments of the above two Boards until Thursday, August 21, 1975 was
off'ered by Mr. Carwile, seconded by Mr. WOod, and carried by the following recorded vote:
AYES:
NAYS':
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
No. 14. Designate Bank of Virginia-Central ~as depository for County funds. Mr. Batchelor said
this bank does not have an office in either the City or the County, and that it has been the policy
of the Board in the past to only deposit funds in local banks. Mr. Carwile stated he was going to
abstain from discussion and vote on this matter.
Mr. Wheeler asked that this matter be deferred, to give the Board members time to think and
requested that this item be placed on the agenda for Thursday, August 2!, 1975.
At 11:00 P.M., Mr. Wheeler requested the Board adjourn into an executive session vo discuss
legal matters. Motion was offered by Mr. Carwile, seconded by Mr. Wood, and carried by the fol-
lowing recorded vote:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
None.
At 11:25 P.M., the Board reconvened i~nto open session. Motion was then offered by Mr. Fisher
to adjourn to 9:00 A.M. August 18, 1975, in the County Office Buildin~ Board Room. Motion was
seconded by Mr. Carwile and carried by the foltowingrecorded yore:
AYES:
NAYS:
Messrs. Carwile, Fisher, Henley,
None.
Thacker, Wheeler and Wood.
Chairman