1974-07-247-24-74
403
Chairman
A regular meeting of the Board of Supervisors of Albemarle County, Virginia,
was held on July 24, 1974, at 7:30 P.M. in the Albemarle County Courthouse,
Charlottesville, Virginia.
Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, Gordon L. Wheeler,
and Lloyd F. Wood, Jr.
Absent: Mr. J. T. Henley, Jr. and Mr. William C. Tha~iker, Jr.
Officers present: County i~i'~xecutive and County Attorney.
The Board began with discussion of amendments to Articles 15A-9-1 and 15A-9-2
of the Albemarle County Zoning Ordinance. This matter was deferred from June 26, 1974.
Mr Mike Gteason, Chairman of the Sign Study Commission was present to make a
report. He said the committee has met a number of times and have received a variety
of opinions. They have now gotten to a substantial study of the problem. The committee
is concerned about the public apathy or non-concern for the situation. The committee,
unanimously, feels there should be more citizen involvement. This is a problem since
the Board has asked for a report in the month of August, because so many people are
tied up with either work schedules or vacations. The Committee asks that the Board
consider a further delay of the report until at least September so more citizens
groups, both pro and con, can have input.
Mr. Wheeler said Mr. Thacker is a member of the committee. He discussed this Mr.
Thacker and the Chair requests that this be deferred for 90 days. This will allow
the committee time to explore all avenues and hold public hearings and bring acceptable
recommendations to this Board.
Mr. Fisher offered motion to further defer action on this matter for 90 days. The
motion was seconded by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
The Board continued with public hearings as advertised in the Daily Progress on
July 3 and July t0, 1974:
(..1)
ZMP-304. George R. and Mary H. Jones have petitioned the Albemarle County Board of
Supervisors to rezone 2.034 acres from A-1 Agricultural to RS-1 Residential. Property
is situated on the south side of Route 810 near Brown's Cove. Property is
further described as County Tax Map 14, Parcel' 23, part thereof. White Hall
Magisterial District.
Mr. John Humphrey, County Planner, gave the staff's report. He said the area
is rural in character with several single-family residences in the immediate area.
Pasture land and tree groves are predominate in the area. A small stream traverses
the property in a north/south direction. To the west of the stream, the land is
relatively steep. The Comprehensive Plan indicates that this area be conserved for
low density development because of its location in a mountainous area. To allow a
higher density would be spot zoning and might set a precedent for future development
in this mountainous area. The staff recommends denial of the request. The Planning
Commission also recommends denial of the request.
4O4
0hairman
Mr. Jones was present in support of the petition.
Humphrey:
build one more.
Wheeler:
Jones: Yes.
Who will live in the additional house?
My father-in-law.
Where is your father-in-law living now?
Wheeler:
Jones:
Wheater:
Jones:
Wheeler:
Jones:
Wood:
7-24-74
There is one existing house on the two-plus acres and he wants to
That is the reason for requesting the one-acre category.
Do you live in the house on this land now?
Stays up above us, sir. The road up above us.
Does he own the place?
He does own his place. It has no bath or running water.
How old is your father-in-law?
Jones: 62.
Wheeler: How many acres of land does your father-in-law have now?
Jones: I do not know exactly.
Wheeler: Let me explore this further. You say in the house where he lives now
that he cannot get facilities, why not?
Jones: It is not his fault. The house where he lives now is not fit for septic
facilities.
Fisher: If we rezone to built another house, there will still be a substandard
house out there.
Carwile: What will happen to your father-in-law's hous~e should he move into the
new house you plan on building?
Jones: I don't know exactly what he would do with his after...
Mrs. Jones: The house is in no shape for remodeling.
Wheeler: If you are going to build a new house on this lot, why can't that be
torn down and a new house built there?
Mrs. Jones: Legacy property.
Wheeler: This Board is sympathetic to anyone who is trying to get a home. We
have a program now that we are trying to institute that will help find homes. Also,
we do have to try to follow the regulations in the Zoning Ordinance. If you have
sufficient land and could use that, I would not be in favor of rezoning this. I would
not mind deferring action on this. Maybe if they want to present something fU~her or
look into this...
Batchelor: The County Attorney has some information that might be pertinent.
St. John: I don't have any information, but if you are going to have somebody
look into it, I can talk to them later. I think this lady means that this place
where Mr. Jones' father-in-l~w lives...she said this~is legatee property and no one
of them own it and no one of them will build a house on it ... to get the title
straightened out on it. Sometimes this costs more than the land.
Wheeler: That is where, I hope, when we get our new committee going, will assist
405
Chairman
people such as this. This is the thing I pointed out.
St. John: Is there a motion before the Board to have someone look into this?
Wheeler: It is not before the Board yet.
Wood: I think that is a good idea. Appoint a member of the Board and a member
of the Planning Staff to look at it and come back.
Wheeler: I think Steve Colangelo can do this. ! request that the Board defer
action on this for 30 days. While we do not have a housing committee going yet, we
can look into this and make a decision and may be able to provide housing for
somebody who needs housing.
Mr. Wood offered motion to defer action on ZMP-304 for 30 days. The motion was
seconded by Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Carwi!e, Fisher, Wheeler and Wood.
NAYS: None.
2) ZMP-305. Anne M. Carpenter has petitioned the Albemarle County Board of Supervisors
to rezone 2.38 acres from A-! Agricultural to R-! Residential. Property is situated
at the intersection of Route 637 and Route 78~6 near Ivy. Property is further
described as County Tax Map 58, Parcel 97. Samuel Miller Magisterial Di'strict.
Mr. Humphrey said the area is semi-rural in character with several single-family
dwellings in the immediate vicinity. The property in question slopes downward in a
southwesterly direction, away from the existing structures. Parcel sizes in the
immediate area range from 0.9 acres to 657.05 acres. There are three lots to the north
of the property ~n question,zoned R-I, which have an average lot size of 1.06 acres.
The'.app!icant intends to remodel the existing barn on the subject property for rent
and future sale. Whil~ the Comprehensive Plan suggests that this area be developed as
medium density residential (average 2.5 dwelling units per acre), the staff recommends
that one dwelling unit per acre be maintained because of the relatively steep sloping
terrain of thi's parcel and the lack of public water to the area, which the staff feels
is a mandatory requirement in v2~w of the problems of water supply in the Ivy area.
The staff also noted that Route 637 is being considered for realignment and two of
the alternatives for realignment would affect the southern portion of the parcel. Due
to the lot sizes in the area, the lack of public water to serve parcels smaller than
one acre, and the possibility that a portion of this parcel may be affected by the
realignment of Route 637, the staff recommended RS-t zoning of this parcel in lieu
of R-1. The Planning Commission also recommended approval of RS-1 in keeping with
the staff's report.
Fisher: In the Planning Commission recommendation for RS-i, was the assumption
made that the intent of the applicant could be met basically this way?
Humphrey: We have looked at the parcel to see if the intention could be met
with setbacks, etc. and a brief analysis of the parcel which we have in the staff
report. It could be met and I understand from the attorney representing the applicant
that this would meet the needs of the applicant.
406
7-24-7a ~
Chairman
Mr. Joe Richmond, Jr. was present to represent the applicant. This particular
property is on 637 as it leads to Ivy. If you are fam~ar with that area, there is
a cluster of some 6 - 8 houses there. At least one, if not more, are zoned R-1.
To my knowledge, there is no large tract of land in this immediate cluster. Close by
there are large tracts of land, as large as 600 acres. We appeared before the Planning
Commission and agreed to their recommendation that we could be accommodated on a RS-1
zoning and agreed to that zoning. As stated in the staff report, the intent is t~ke an
existing barn, garage-type structure that fronts on 637, and turn that into a rental
unit with the possibility of future sale. We believe we can live within the confines
of RS-1 zoning. It was brought out by the staff report that the new course of 637 might
pass through this property. To my knowledge, no definite route has been decided upon.
It is my feeling that this is not a proper matter at this time because it has not been
decided upon. It could go across this property, tt could go another location. I think
that is a matter for condemnation proceedings if appropriate but not for a rezoning
proceeding. We will abide by the RS-! and that will be suitable to accommodate our plans.
Fisher: Is the intent to construct no further'buildings, but to remodel the existing
barn into a living area?
Richmond: That is right.
remodeling
Whether an addition is proposed in addition to/that, I
do not know. A separate physical structure is not c~ntemplated.
Mr. Fisher offered motion to approve ZMP-305 for RS-1 zoning as recommended by the
Planning Commission and Planning Staff. The motion was second.ed by Mr. Wood and carried
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
ZMP-307. Cushman Realty and Bu±lding Corporation has petitioned the Albemarle County
Board of Supervisors to rezone 113.15 acres from A-1 Agricultural to RS-1 Residential.
Property is situated on the east side of Route 678, about 3/4 mile north of Ivy.
Property is further described as County Tax Map 58, Parcel 81, part thereof. Samuel
Miller Magisterial District.
Wheeler: We have received a letter, addressed to the Clerk, from the attorney
for Mr. Cushman, requesting that he be allowed to withdraw this petition. Whether the
Board will allow Mr. Cushman to withdraw is before us at this time. This petition has and
Was~c before us late last year /it is before us again. It is not my intention,as one
Board member,to allow Mr. Cushman to withdraw this petition in such a manner that it
will come before us again in several months. I have no objection to allowing this petition
to be withdrawn with prejudice.which means that it could not Come back for one year.
Cushman: This petitibn came~up the same time as another petition that has to do
with 30 acres that is being handled in a different manner without rezoning. It apparently
confused the public. In fact, I believe one lady wrote a letter involving this petition
and we were talking about the other petition. My lawyer has gone on vacation and I am
forced to represent myself, but I would like to have this petition withdrawn without
prejudice while we consider the other matter. Because I will want to bring this petition
back when there is no confusion about it~. But there has been confusion in the past.
If you wish to hear it tonight, I will have to represent myself.
Chairman
Fisher: This parcel of land was before us, as you stated, for a.pub!i¢ hearing
on December 5 of last fall and it was withdrawn two days before that. It is again
before us and it was withdrawn four or five days before the-~haaring. There have been
a number of staff report generated each time this has come up. ~here has been a great
deal of citizen awareness of the issue and a large number of communications that have
taken place each time. While I have no objection to allowing Mr. Cushman to withdraw
it, I do feel that coming up twice within 12 months is a little much and I would hate
to think that everybody is going to get stirred up again within two ar three months.
It sounds like this is what is going to happen. In fact, after the letter was written
Friday requesting the withdrawal of it, some citizens decided not to come to the hearing
because they felt it was not going to be held tonight. I don't think we could hear
it tonight, in all fairness, because of the t~tter that has come and the people who
called me about it. I told them about the letter and said I thought it would not be
heard. It put's us in a bad situation.
Cushman: I think Mr. Fish~r'.~ has answered the question about this particular
petition. Z believe the people in Ivy have every right to be her~ on this petition.
On the other petition, I am not not asking for rez~ning, and that is before the Board
this evening. On this petition we are asking for rezoning and I would like to have
my legal counsel on tap for it. I hop that you will vote to withdraw it without pre-
judice and let me bring it back to you at a later date.
Wheeler: ! don't intend to vote to let you withdraw it and then bring it back
in several months. Other .Board members can speak because it is nov confusing to me
and I don't believe it is confusing to this Board. Whether it will be confusing to
the citizens, or not, ~onight, next week, next year, ! don't know. I came:tonight
prepared to act on it. The staff has to do a lot of work on one of these petitions.
This is the second time the staff has had to generate all this information. This is
the second time the citizens of the area have had to get out and be concerned about
it. I don't intend for them to come out again in two or three months. That is my
feeling.
Cushman: In that case, all I can do is present it for a hearing tonight.
Wood: I have to agree with Mr. Fisher. I think it would be unfair to hear it
because...I even got some letters on it myself, addressed to all members of the Board.
ed
It was report/in the news media today that it would probably be withdrawn. Most
citizens would think that it is not to heard and they are nov represented here tonight.
Whether we defer it tonight, with prejudice or without, I don't think we can do it.
I agree with the Chairman. I don't want this to keep coming back to us every three
months, or every.two months., with the constant turmoil of the citizens up there.
It is a concern. I came tonight prepared to vote on it.
Wheeler: I would suggest that we either defer the public hearing until a date
in August or we take action on the request for withdrawal.
4 0 8 y -
~aa~rman
Fisher: I would like to state again that this is a matter that has been
advertised in the media for a hearing tonight. It has gone through all the procedures
for staff recommendations, input from the School Board, the Service Authority, the
Soil and Water Conservation p~ople. Everybody was prepared as of Friday to take
action on this tonight until the applicant asked that it be withdrawn again. It
seems to me that this is putting everybody in a quandry.
Wheeler: Mr. Fisher if you want to present a motion that it be allowed to be
withdrawn with prejudice, suits me alri~ht.
Mr. Fisher then offered motion to allow the petition for ZMP-307 to be withdrawn
WITH PREJUDICE. The motion was seconded by Mr. Wood. - ...... '~ ~-~ i~, · ~
Wo0d': ~'~Do w~ need to clarify "with prejudice,.
Carwite: Where I had thought that we may have somewhat of a problem in that
Mr. Cushman said he wanted to go ahead and have it heard, as I read the letter that
we received from his counsel, it says that they wish to hereby withdraw the petition.
St. John: Mr. Batchelor has asked me a question...
Wheeler: Do you have any comment to the Board on the motion?
St. John'~ To allow it to be withdrawn, with prejudice, to strike it from the
docket. No comment. The letter you~have reviewed asking for withdrawal does not
condition the withdrawal on being without prejudice. I think it is within your power.
Wheeler: Call the roll.
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
Wheeler: Ladies and gentlemen, the petition has been withdrawn with prejudice.
It cannot be heard for one year.
The next item before the Board was a request from Cushman Realty and Building
Corporation for two restricted roads in Lewis Hill-West, as shown on plat drawn
by William S. Roudabush, Jr. and dated May 22, 1974.
Humphrey: The request is for two restricted roads stemming from Route 678;
one restricted road to serve seven lots, the second restricted road to serve seven
lots, as indicated on the plat. You will note also on the plat that all lots contain
two acres each. Ail lots are to be served by a central water system. Driveways
to Lots 1, 7, 8, and 14 must enter lots from the restricted road rather than from
Route 678. Restricted road connections to Route 678 must be approved by the
ol
Virginia ~epartment of Highways.
approved by the County Engineer.
for Septic System Installation.
Street plan~ drainage and erosian.cont~/plans be
Each lot~must be approved by Health Department
The Planning~Commission is recommending approval
of these restricted roads with the standards as adopted by the Board with reference
to the subject road and conditioned upon the approval of a special permit, ~hich has
yet to come be£ore the Board nexv month, according to the statement on the plat that
it will served by a central well. To make it clear. Basically, this is before you
for a restricted road, but the plat also states that they would like to serve it by a
central well system which is the subject of a different application yet to come before
Chairman
you, therefore, the Commission approved it in that vein.
Fisher: It was the feeling of the Planning Commission that they wished to have
the central well system?
Humphrey: No sir, they felt that that would be considered under the special
permit at the next public hearing. They made no mention as to whether they would
approve it or deny it. That is yet to :be justified by the applicant.
Wheelar: It seems to me that this is kind of skipping around our policy. This
will serve 14 lots by using two restricted roads.
Fisher: Our policy would allow that because they are connected by State roads.
- ,~2Wheeler: ,I don't interpret it that way. If you interpret it this way, if you
had some more lots on that acreage you would have two more restricted roads on that.
I don't like restricted roads to start out with and I certainly did not~ihtend it
to ever serve more than 10 lots. I did not intend for it to be handled this way.
Fisher: As a practical matter, if you restrict it to only 10 lots at one time,
peQple are only going to bring in subdivisions of 10 lots at a time. I think that
would be inappropriate. This is perhaps a better way to go about it. If we are
going to allow restricted roads at all, I believe this is in conformity with the
discussion that the Board had as to what it would do with a large subdivision...
that it could put a ~ant~al state road down through a large subdivision and p~t
cul-de-sacs off of it, which were restricted under certain conditions.
Carwit~: I agree with Mr. Fisher. I would much rather get an idea of what the
developer plans at one point in time rather than to continue to get 10 lots at a
time and one road at a time. ! would suggest that since it is stated that this is
4 1 0
ch.amPman
conditioned upon being served by a central water system, that we defer action on the
restricted road request until we take up the request fori~the central water system.
Fisher: Why?
Carwile: I don't see any point in approving a restricted road request if the
use
special/permit for the central water system is not going to be approved.
Humphrey: This could be developed on individual wells. That could be taken off
of the request. It would still be before you~ith individual wells.
Fisher: Was it the intention of the Planning Commission that the lots that front
on the State route have individual access on the restricted roads to reduce the number
of cut~?
Yes. Let me point out that
Humphrey: /~he Commission felt it was better, if possible, if it can be proven
that a central well system can serve this area. It would be better to have a central
Well system~as opposed to 14 individual wells.
Wheeler: ts this anywhere near our water line going through there?
Humphrey: Two and one-half or three miles west~as far as transmission is concerned.
Wheeler: Mr. Cushman, do you have anything you want to say about this?
Cushman: I think I should say thatD[Z~>dh~ave presently a central water system for
Meriwether Hills. I believe I have an agreement with you gentlemen, a matter of public
record, in which if I abide by the State Health Department conditions, then you will
go along with my water system. If I cannot abide b~ them, then I have to give you
my water syst~, that is my agreement, a matter of public record. I think that I have
sufficient water to serve these ~ots.
Wheeler: You would get it out of your present system?
Cushman: Yes. But, I have to do two things. I have to put in storage. ~I~am
waiting for the County to offer its storage tanks for sale so that I can buy one and
install it on my site. I also have to drill another Well. I have to do this in
compliance with the State Health Department and they are pretty strict. I have dealt
with them for a long time. That is all I can tell you about the water system.
Wheeler: If it ~doesn't worm right, you are going to give it to us?
Mr. Carwile offered motion to defer action on th±s request for a restricted road
until such time as the Board considers the special permit for continuation of the
central water system. The motion was seconded by Mr. Fisher and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Woo~.
NAYS: None.
At this time, the Board took a short recess.
with public hearings on zoning matters.
4)
When they recon~ened, they continued
SP-362. Joseph ~nd Virginia Marcinko have patitioned the Albemarle County Board
of Supervisors to locate a mobile home on 4.06 acres zoned A-1 Agricultural.
Property is situated on the south side of Route 708 and the ease side of Route 795
at Blenheim. Property is'further described as County Tax Map 114, Parcel 42.
Scottsville Magisterial Distr~ct.
-~-~airman
Humphrey: This entire area is rur~! in nature and thickly forested. There
is no house or structure in sight of this property. The applicants have indicated
that this mobile home will be a temporary means of housing until a conventional
singt~-family dw$11ing can be constructed. The Planning Commission recommends
approval~of this petition, with the following conditions:
l)
2)
3)
5)
6)
7)
Building Official approval.
Removal of as few trees as possible.
Minimum setback of 80 feet from State Routes 795 and 708.
Skirting around mobile home from ground level to base of mobile home.
T~me limit of three years, with two years additiona~ approval,
administratively, to be given each year for the two remaining years.
Removal of the mobile home when the permanent dwelling is complete,
if done before the time limit is up.
This s~pecial permit is issued only to the applicant and is not-
transferrable.
that
Fisher: These conditions are very similar to the ones Z~ c~ome up under
administrative approval. Why are we hearing this?
Humphrey: This was already advertised and too far along in the process to come
under the new procedure.
Mrs. Marcinko was present in support of the petition. No one from the public
spoke for or against.
Motion was offered by Mr. Fisher to approve SP-362 as recommended by the
Planning Commission. The motion was seconded by Mr. Wood and carried by the
following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
(5)
SP-360. Vicky M. Bingler and William R. Bingler, III have petitioned the
Albemarle County Board of Supervisors to locate a two-family dwelling on
2.554 acres zoned A-1 Agricultural. Property is situated on the west side
of Route 706, about 1/4 mile south of its intersection with Route 631.
Property is further described as County Tax Map 89, Parcel 81, part thereof.
Samuel Miller Magisterial District.
Humphrey: This area is semi-rural in nature and thickly forested. The area is
presently being developed in single-family and rental dwellings. In the immediate
area of this proposed two-family dwelling there exists one singla-family dwelling
and another under construction. The proposed site for this two-family dwelling is
located approximately two miles south of the urban area cluster which is the nearest
village or community cluster. In the past the staff has recommended denial in those
cases where it did not comply with the village or community cluster. ~_ Zr~th~B~ard
sees fit to approve the application, the staff recommends the following conditions:
2)
County Building Official approval.
Minimum of four off-street parking spaces provided.
Health Department approval.
The Planning Commission does recommend denial of the application.
Bingler: First off, he described where the area was. ~ could not follow all
the route numbers. You go south on Old Lynchburg Road, turn right on 706, go past
this big three-story geodestic dome house..4there's a big yellow house there.., on
into the VEPCO power lines there about 1/4 of a mile from.., to the right as you
go down 706 just across the street from my property line is the Mountain Lodge
rental units referred to there. I don't know for sure, but I believe they have about
41 2
C'h~irman
five people living in each rental unit. As far as i can, these are not related. The
property is roughly 200 feet by 400 feet, going along Biscuit Run Creek, along the
whole
east side of the property. The/property is heavily wooded except for where the
YEPCO right of way crosses it. The nearest house, I haven'~t measured it exactly,
is about 100 yards. My house is being built about 100 yards from the highway towards
the rear of the lot. There are presently two houses near my place and n~ither one of
them at this time is visible from my house. This is on the north and south of me.
There is no possibility that a house will ever be built on the east side because of
power company right of way. Beh±nd there is the space is too limited. On the west
side, because subject to any considerations to Cre~k~and~bottom,_etc., any house that
would be built on that area-would be at least t00 yards from the house being built.
I don't feel that putting a rental unit in the basement of this house would cause
that much of an impact either to my neighbors, because they are separated from my house
or on the environment. I am very environment conscious myself and I would nov be
asking for this if I thought it would be a detriment to the environment. While
digging up my basement I am making a conscious effort to terrace off the dirt that is
being built up so it won't wash into the creek. When I dug my garden this spring
first thing I did was built a retaining wall to hold th~ mud up on the hill instead
of in the creek. If you ask any of my neighbors, they might accuse me of a lot of
things, they would never accuse me of putting one particle of mud in the creek. When
we cleared the land for the house, we only had to cut eight treeB. Some of these were
design of the
diseased already. The/house is~vertical in nature to take up as little area as possible
in this densely woods. We are not interested in hu~ting the environment. It is too
good to take advantage of. Because of the way the house is designed, the rental unit
will not take up any extra land space. It is going to be the same space whether we
build the one-unit dwelling or the two-unit dwelling. I want to point out that I am
not applying for a rezoning. I know you are aware of this. Z understand there is
a big difference between a rezoning and a special use permit. I understand that with
a special use permit, if there is a special things that apply to take into consideration,
if there is any special restrictions that need to be placed; these can be placed with
a special use permit. The area is pretty. I have bsen in many states and Albemarle
County is as pretty as any of th~m I have seen. I think someone coming to this area,
renting a unit from me, when they did leave would given them a good impression of
Albemarle County and the State of Virginia because is such a beautiful piece of property.
I don't mean to compete with other high density rental units. I don't think I will.
The people who enjoy living in this type of unit would not care to be isolated out
here on Old Lynchburg Road. The people who would be interested in renting out here
would not be interested in renting some of the commer6ial property that is being
offered. At present, I am a renter. I know from experience that this type of rental
unit ig very scarce in Albemarle County. I looked for three months before I found a
place and it was marginal cost-wise and quality-wise. A house over 50 years old.
If there is any objection at all that renters might cause annoyance to the neighbors,
7-24-74
413
bha~rman
I would like to point out that I am the closest neighbor they have got and I have ~.
to live with them. First off, I will not let a renter live there who is causing
a lot of problems in the neighborhood. Lastly, the extra income would not hurt
one bit.
Mr. Micham: t have the property immediately adjacent to Mr. Bingter. The only
road he has for access to his property is a~ right of way over my road. This is in
a 25 footwide swath of property, so I would guess that it is only 11 - 12 feet wide.
At present, my wife, my daughter who is working, and myself all owns cars and are
using this road rather continually. Then we have the Bingler family. We did give
them right of way or otherwise he said he could not get the loan to build his home.
I do believe the additional traffic, the renter, plus any visitors he may have will
definitely be imposing a safety hazard on my road and my property and I would like
to voice an objection on these grounds.
John Faulkner: We own land across the road. I would like to voice an objection
to any move that would set a precedent for a higher density development in this area.
This is already occurring in the rental units referred to. They can be very objection-
able when there are five University students in each one and if .ny process along
this line would tend to increase the density in there more than s already allowed
by law, it would quite objectionable to me.
Bingler: As far as the road is concerned, I talked to Mr. ~icham this afternoon,
and he said this is the only objection that he does have to that He does not object
to having!the people live there. It is possible that I could.., here is another road
that comes in from the bottom that I could use. It is not developed right now, but
it could be developed. It is a possibility that we considered w]~en I got the right
of way from Mr. Micham. We decided at the time that it would be too expensive...
Wheeler: The only right of way you have right now is the o~e this gentleman?
Bingler: Yes. There is what used to be a fire road that c,~mes in'from the
bottom that could be developed and I would be willing to put thi as a special
condition on this. The other thing I would like to point out is that the people
on my property would not interfere with him at all.
Wheeler: That is for him to decide.
Bingler: I thought it was for you to decide.
Fisher: My feeling on this is~in the few cases that we have approved basement
apartments in homes, but only in areas where the basic density would not be ~iolated
of the zone in existence. If he had more than four acres, we would allow two families
in an agricultural zone. I don't think we should take this route to increase the
density when I don't think we would rezone it.
Mr. Fisher offered motion to deny SP-360~as recommended by the Planning Commi~ssion.
The motion was seconded by Mr. Wood.
Wheeler: I have only supported a two-family dwelling in those areas where it
has been considerable acreage and there could be no question that it would be
Chairman
detrimental to the adjoining properties. I expect to support Mr. Fisher's motion.
Wood: My real concern is the 25-foot easement amd the problems that could arise
from that. In that particular area, which I am familiar with, the density I don't
think is going to be all that great. I see the principl$ behind that. But, the
easement i know can cause serious problems between neighbors~
for the second.
That is my main reason
The motion carried by the following recorded vote:
AYES: Messrs. F~~ W~ter~a~d~W~od. ' ~
NAYS: Mr~eCarwile.
(6) SP-363. Mr. and Mrs. Edward Gray have petitioned the Albemarle County Board of
Supervisors to locate a mobile home on part of 5.23 acres zoned A-1 Agricultural.
Property is situated on the east side of Route 725, and the west side Of Route 627,
about 1~ miles south of Esmont. Property is further described as County Tax
Map 128, Parcel 47, Scottsvilte Magisterial District.
HumPhrey: This area is rural in character and is primarily wooded with several
single-family dwellings in the immediate area. This property is owned by the mother
of the applicant. The Planning Commission recommends approval based on the following
conditions:
1) County Building Official approval.
2) Removal of as few trees as possible.
S) Skirting around mobile home from ground level to base of mobile home.
4) Minimum setback from State Routes 725 and 627 of 100 feet.
5) Time limit of five years.
6) This special permit is issued to the applicant only and is not transferrable.
Mr. and Mrs. Gray were present in support of the petition. No one from the public
spoke~ for or against the ~ition.
Motion was offered by Mr. Carwile to accept the recommendations of the Planning
Commission and approve SP-363. The motion was seconded by Mr. Wood and carried by the
following recorded vote: '~
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
(7) SP-]64. Lucy and Thomas Mills have petitioned the Albemarle County Board of
Supervisors to locate a mobile home on two acres zoned A-1 Agricultural. Property
i~ ~2~ituated on the south side of Route 614, about one mile west of Owensvi!le.
Property is further described as County Tax Map 42, Parcel 50, part thereof.
Samuel Miller Magisterial District.
Humphrey: The area is rural in character with rolling, forested terrain. There
is one single-family dwelling located across from the proposed site at the Mechum
River. The property is wooded and slopes southward toward a stream. There is a paved
road running southward and located on the western border~'.~of~'~the property. The deed
is presently being transferred to Mr. and Mrs. Mills. The Planning Commission, in their
consideration, did defer one public hearing and requested the staff to locate the flood
plain in this area. It would appear that the southwestern portion of this property
is within flood plain of Mechum River; Zeaving the higher ground out of the flood
plain.. We undersSand the applicant wishes to locate the mobile home on two acres on
the higher portions~.~of the area. The Planning Commission does recommend denial of the
'application. They do ~o on the basis that it has not been their policy to locate or
gr~nt mobile homes in an area where none exist or where none have been allowed in the
past.
They feel the land is not presently owned by the applicaHt.
Chairman
Because of the
lay of the land it would be almost impossible to screen this property from the road.
There would he no way to utilize planning to do so. They feel it would be incompatible
We do have a map showing relationship of the flood plain to this
in this area.
property.
Wheeler:
Humphrey:
Wheeler:
Humphrey:
Staff and Planning Commission are both recommending denial?
The Planning Commission.
What does the staff recommend?
We feel in many cases this is a value judgment and while we feel there
is a need for housing and mobile homes are meeting this, we do not make a recommendation
feeling it is a policy deciSion.
Fisher: You mean you make no recommendation.
Humphrey: We never make a recomme~ation on a mobile home.
Fisher: On a matter of a special permit, I keep hearing that there is a regulation
that4~he County has that a sign be posted on the property so you can determine the
nearest point from the right of way of the State road and so on to find it. I spent
Sunday afternoon driving around and I could not find two of them.
County
Humphrey: There is no/regulation, ordinance, or adopted policy. The staff has
requested and has prepared a packet which is given to the applicant and asked him
to place it on the proper~ so it will help the staff~locate the property also.
Fisher: This is not true of administrative approvals?
Humphrey: On administrative approvals, it must be posted 14 days prior. It
has been made mandatory.
Fisher: One of the ones that is up does not have any ... and I couldn't
locate it.
Mrs. Mills: The only thing I have to say is that we cannot afford a home right
now. She ~gave us the land. My husband and I cannot afford to build a home. My
aunt is $~dyears old and she has a bad heart and diabetes. Sometimes~he is sick.
Her house is too ~mall for us to live in. Every night I leave my home and my husband
and. go spend the night with her.
Carwile: Could you orientate me a little more? If you follow that road on
out to the left, where does it bring you out?
Humphrey: White Hall. For those of you who are familiar with this area,
Whippowill Hollow.
David Wood: I am here to make a few remarks on behalf of Dr. Fox and his wife
who own the land immediately across the road from this property. This property is on
the main road from CharltoYesvilte to White Hall. It is seven miles from Barracks
Road Shopping Center. The western boundary is about 200 feet east of the bridge over
Mechum's River. It is between Owensville and White Hall. I have great sympathy
for the applicant in this case. I have known Mrs. Mills' aunt, Mrs. Bea Wood for a
great number of years and have represented hers But, I think that when the points are
Chairman
weighed, you will agree the application should be denied. First, this is probably
one of the most scenic roads we have in ~lb~mar!e County. It is on this road that
some of the finest estates we have in Albemarle County exist. There is not one
single trailer ar mobile home on this road between Charlottesville and White Hall.
Immediately west of the Mechums' River Bridge, up the hill, is Quail Ridge Farm.
Immediately to the west of that is Riverdale Farm~belonging to the Palmer family.
Immediately to the west of that is Ym~e~ Farm belonging to Mrs. Ralph Miller. I am
sure you are familiar'-i with all of the estates between· Mechum~s~River and Charlottesville
that lie along the Garth Road. The approach to the eas~tern end of the b~dge has been
raised to give the bridge elevation over the river. Therefore, this property is
bounded on the north by ~e road as it appreaahes the river. It is bounded on the
west by the entrance to Dr. Hurt's subdivision in Whippowil! Hollow. It is bounded
on the south by a stream that runs into Mechum's River immediately downstream from the
property. I think you have befor-e you an estimate of the flood plain level as it
refers to this property. The staff has suggested that any mobile home be located~no
closer than 100 feet to the highway; no closer than !00 feet to the entrance to Dr.
H~rt's subdivision; and I would seriously question whether there would be room left
within this area for a septic system to service this. The next point I want to make
is, as the road appraaches the bridge it is greatly elevated above the level of the
stream that marks the s~uthern boundary,i%h~refore, as you look over this property,
you are looking down into a draw and this mobile home would have to be located on the
side of ~the fall from the road and there would be no way that you could screen it and
the area is not screened now. This Mechums' River Bridge is probably about one mile
from above the City Reservoir. I am sure you are aware of the problems of trying to
screen the development on the Reservoir and the approaches to t~e Reservoir and the
septic problems. I think that here, because of the closeness of the flood plain, we
would be inviting a problem as far as p~llution is concerned. As I said, it is on
the entrance to Dr. Hurt's entrance to Whippowill Hollow ~ubdivision. This subdivision
has not been developed as yet. As the County grows, it stands to becem~ on~tof the
more attractive subdivisions in the area ~n~ one of the more desirable areas of the
County. It would seem to be improper to place a mobile home on the immediate corner
as you enter the subdivision. I sympathize with the applicant. I can understand the
need for a home. But, the applicant has a mo~ile home which is located at present and
which she would move from that !ocat~mn to this location. I understand the need for
her Aunt for attention, but Dr. Fox has a doctor living in one of his units at present
so she is near medical service. I think one of the most important points is the fact
that a mobile home in this are will greatly depreciate the values of the other.~~
properties in the area. When there is one mobile hom-~ it is bound to be followed bY
another and I would suggest that the damage to the adjoining property owners far out-
weights the benefits that would be derived by the applicant from the permit. For these
reasons, we urge the Board to deny the application.
417
Chairman
Wood: I would like to pass on to the Board a feeling I had Monday night when
this applioation was heard. I think the Planning Commission did one of the best jobs
I have ever seen them do in trying to come to a point where they could approve this
application. They were very sympathetic to the points that Mr. Wood raised on behalf
of Dr. Fox. Practically everyone there knew Mrs. Bea Wood and was veryccomplimentary
of her over the years. I think there was a feeling that if it was at all possible
they would like to have recommended approval. But due to fact...and the reason stated
by most of the members on the Planning commission was one that the property had not
finally been transferred to the Mills. Plus the fact that there was no other mobile
home On the road and I think, after a tong discussion, they came'.'up with a recom-
mendation for d~nial. I personally feel, I am very sympathetic to the fact that there
is no mobile home on the road and all the points raised. On the other hand, we have
a situation here whereby the applicant ~ould build a sub-standard house's, on the property
as it is right now, which would be no less objectionable, as was pointed out at the
Planning Commission, than a mobile home. The property has been given to Mrs. Mills
by her Aunt and there seems to be no question of that. That is one of the
recommendations of the Planning Commission. One of the other concerns is that this
tract of land is nine acres on this side of the road and we have granted many, many
mobile home permits on two acres, on three acres and nine acres is a fairly large
tract of land. I find it hard tonight to deny this request when only about 30 days
ago it would have been permitted by right as a lineal relative and the reason we
requested these applications to come before us is so we could solve some of the problems
we have had before~with lineal relatives renting out properties, etc. Here we have
a situation where the lady is well respected in the neighborhood, a family that is
well respected in the neighborhood, a lady that is 74 years old and needs attention,
and I can't find it in my heart to deny this type of situation. Although it is on
the White Hall Road,it is in a very nice district of the County, a very scenic road
and I hope one day I live to be 74 years of age and have one of my children move
close to me whether it be a mobile home o? what have you;
Mr. Wood then offered motion to approve SP-364 with the following conditions
recommended by the staff:
I) Finalizing property t~an~action.
2) Building Official approval.
3) Screening provided from all roads.
4) Minimum setback ~fc~100 feet from all roads.
5) S~irting around mobile home from ground level to base of mobile home.
6) Time limit of five years.
7) This special permit is issued only to the applicant and is not transferrable.
The motion was seconded by Mr. Carwile.
Wheeler: First of all, Mr. Wood let me say I don't think &s
a reason to approve th~s is sub-standard housing might be built.
you stated that
I can't believe
that is a reason to approve anything. Second, in requesting that lineal relatives
have,by right, have placed mobile home, i think that is one of the reasons it was
placed under a special permit, so we would have control. ! have to be consistent in
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my thinking. I can be sympathetic but also I think you hav~-t~ be consistent in your
thinking sometimes. There are other roads in the County, in my own district, ~ha~e
there are no mobile homes and I have consistently stated that I thought it would be
detrimental to property values and detrimental to others, that everyone has to be
considered. This happens to be one of those cases. While I am really sympathetic,
I think the ov~::~view here of the entire area has to be taken into consideration.
I cannot support the motion.
Fisher: I too am sympathetic to the plight of the applicant. But, Garth Road,
the road to White Hall, is one &~ the few roads that does not already have a number of
mobile homes and I just feel like, in this situation where it is downhill from the road,
and all of the cover has been removed, that'there would be no way to screen this
effectively. I do not believe this is where we ought to be guiding development of
mobile homes in the County. I know we have to have them. I know people have to have
places to live. I do,not think, in my judgment, that this is the place. I don't want
to start the trand there.
Wheeler: Fmom the comments I have heard, we are going no place fast. Is this in
the White Hall District?
Fisher: No. Samuel Miller.
Wheeler: I think we are sort of at a stalemate. We do have two Board members
absent tonight. If in order to avoid a stalemate...
Carwile: The only reason I would support Mr. Wood's motion, and I say wou~d because
I agree with much of what Mr. Fisher has said about the Garth Road and not wanting to
start a trend, and my support of this particular site would not be construed of being
indicative O~ my desire that any trend be started. The only reason I would support
such a motion is because of the fact that it does have a time limitation on it and this
is a trailer site that I think the applicant should know that I could certainly not
support extending the time limit for this permit any point pass the time you would be
taking care of your aunt that 12v~d across the road. It is only with the thought in
my mind that this would be a temporary site that I could support it and hope that
perhaps the gentlement sitting on either side of me might be able to support it and
avoid a stalemate.
Wheeler: I did not underatand the motion to be.,, the motion is and the conditions
are for five yea~s and I don't believe the motion is that i~ her aunt passed on in two
months that the mobile home would be moved and I think t~at would be a hardship to
impose such.
Carw~le: I said I would not support an extension of it past. I did not say
I understood the motion to be that if the aunt died she would have to move in a year.
Wheeler: I can't support it.
Fisher: I can't either. I did ~ant ta question one thing that Mr. Wood stated
that 2his is nine aores, but the application states two acres. Which is it?
Humphrey:
Fishe~
Wheeler:
Fisher:
----g~-girman
Well it is part of the to%al nine.
So it is a two-acre lot.
So they will own two acres.
We have a motion on the floor, but t believe we can all see how it
is going to end up.
Mr] Carwite then offered a Substitute motion to defer any action on this petition
until the meeting of August 14. The motion was seconded by Mr. Fisher.
David Wood: -Dr. Fox will be on vacation at that time. Is there any possibility
of deferring any further than that?
Wheeler: I don't believe we are going to hear anything additional. We would
fill the Board members in with the information, so I don'~t think we will hear anything
further and a decision could be made-at that time.
M~ Carwile's substitute motion carried by-the following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler an~iWood.
NAYS: None.
Wheeler; We will make a decision on it on August.~14.
Fisher: Because two Board members have not been here, would it be appropriate
to allow both sides to meke written comments and have letters or whatever they want
to do?
Wheeler: Mr. Thacker and Mr. Henley are not present.
send a communicati6n to those two with your comments...
(8)
If you would like to
S?-365. Ron Chandler has petitioned the Albemarle County Board of Supervisors
to locate a mobile home on five acres ~mned A-1 Agricultural. Property is
situated on the east side of Route 706 near its intersection with Route 631.
Property is further described as County Tax Map 89, Parcel 81, part thereof.
Scottsville Magisterial District.
Humphrey: This area is rural in nature and thickly forested with both deciduous
and non-deciduous trees. There are no structures in sight of this property; however,
the area along Route 706 is being developed in single-family and rental dwellings.
The applicant2is requesting a mobile home to serve as a temporary means~of ~housing
until a conventional single-family dwelling can be constructed. It appears that
construction has already begun. The Planning Commission recommends approval with
the following conditions attached:
1) Building official approval.
2) Removal of as few trees as possible.
3) Time limit of ~hree years.
4) Mobile home is to be removed from this property within thirty days
after completion of construction of a conventional dwelling.
5) This special permit is issued to the applicant and is not transferrable.
Fisher: This is the same p~e~e~of property that was in SP-360. Is it possible
in the future for the staff to indicate where abouts on a large parcel like this
we are talking about?
Humphrey: If we can locate the records. The immediate tax records do not
reflect all the transfers that have taken place at this point. It'~takes some deed
searching. If we can get it from the owner, we would be glad to attempt to do that.
4 2 0
Chairman
Chandler: It is five acres which I do have a house under construction. We
went to a sale out at Carl Barnett's and bought this trailer. It is not large. It
is a 25-foot trailer. With the ~dea that by moving out there we could s.~e some
money on renu while I was working on it. It is five acres of solid timber. I have
cleared about an acre and a half off for a garden and the house we have under construction.
No one from the public spoke for or ag~nst the petition.
Motion was offered by Mr. Wood to approve SP-365 as recommended by the Planning
Commission. The motion was seconded by Mr. Fisher and carried by the following recorded
vote:
AYES:
NAYS:
(9)
Messrs. Carwile, Fisher, Wheeler and Wood.
None.
SP-366. William Batton has petitioned the Albemarle County Board of Supervisors
to locate a mobile home on 2.04 acres zoned A-1 Agricultural. Property is situated
on th~ ~ast side of Route 810, ~about 1 3/~ miles north of Mount Fair. Property
is further described as County Tax Map 14, Parcel 28. White Hall Magisterial
District.
It was ascertained that the application was not present. Mr. Humphrey stated
that the?Planning Commission has recommended approval of the petiton. Motion was offered
by Mr. Carwile to deferethe public hearing ~htil August 14. The motion was seconded
by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
(10) SP-368. William T. Payne has ~etitioned the Albemarle County Board of Supervisors
to locate a mobile home on 12.63 acres zoned A-1 Agricultural. Property is
situated on the west side of Route 20, about one-half mile north of the inter-
section of Route 20 and Route 742. Property is further described as County Tax
Map 90, Parcel 28, Charlottesville Magisterial District.
Humphrey: The area is semi-rural in nature and is being developed with singt~-
family dwellings with some scattered light industry~:(Wilson's Trucking Company) and
commercial establishments. There appears to be several single-family dwellings on
the property. The property in question is owned by the mother of the applicant.
The Planning Commission, in their deliberations on this petition, did defer action
for a field inspection of the site. The Planning Commission recommends by a 4/1
vote, denial of the application. They did not feel the applicant established'~a~
hardship case and there are sufficient other mobile homes in the area. They did not
wish to continue the further location of mobile homes in that area.
Wheeler: What are the single-family dwellings on the 12 acres now?
Humphrey: There are at least two.
Bob Tucker, Assistant County Planner: There was just one being occupied. There
were two small, structures there that appeared to be used for out buildings.
Humphrey: M-1 zoning exists to the north and RS-1 to the south and all other
land is A-1.
Jack Kegley: I represent Mr. Payne and will try to explain his situation.
Anyone who was at the Planning Commission knows this was not a strong vote. When the
Chairman of the Planning Commission called for a vote, one way or the other, it seeme~
Chairman
like a long time before anyone made a motion. It has been explained that there
are other residences. There are som~old buildings on here that people years ago
lived in. They can hardly be called houses now. As it stands, you have one 78-year
old lady on 12 acres. You have-t2 acres here to serve as a buffer. The front of this
property...or to describe the location, you know where Wilson Trucking Company is
as you are going south toward Scottsvit!e...this is the nexv property adjoining Wilson
Trucking Company on the right. This property has 700 feet of frontage on Route 20.
It goes back about !100 feet on one side and 850 feet on the other side to State
Route 742. The proposed location of the trailer would probably be within 100 feet
of Wilson Trucking Company property, within 200 feet of its terminal and about 250
feet off of Route 20 in the most secluded spot in the whole 1~2 acres. I will try to
show you later that it is very secluded. On this side of her property she is bordered
by Wilson Trucking and Snow's Nursery, both of which are zoned industrial. There are
no adjoining property owners who object to this. There is a petition in these which
Mr. Humphrey presented to the Planning Commission along With those plats.
Humphrey: We had:~one letter from George Glass and a petitioh.
Kegley: That petition was signed by 13 or 14 property owners in the area
who live there. Every property owner~who has property joining hers signed saying
they would like for this special use permit to'be granted. The location of this
trailer is going to be practically invisible; I would say almost 99% invisible from
any location. I had some pictures taken today. (Showed pictures to Board). From the
standpoint of this being q~ite different from the case you heard earlier, this trailer
here is not going to cause any change in the community. As a matter of fact, I do not
think anybody can see. Assuming they do get a glimpse of it by stopping on the
road and peering, I would like to point out the following things...I think really
the main criteria in the ordinance is whether this is going to cause any change in
the neighborhood. First there are eight trailers right in the immediate-vicinity.
I am talking about within 600 or 700 feet. There are two spotted all the way out
20 between her house and the Gulf Station which is something 1000 feet down the road.
road
Almost directly across the/from her, there are six trailers on one piece of property.
I don't know who that property belongs to. From this side, eight-tenths of a mile
this side of that property, you have what is known as Harlow's Trailer Court which
has six trailers on it which can be seen 'from Route 20. I don't think there is much,
if any, ~hreenihg-~,there.~. So it is already surrounded by trailers on both sides.
I don't know what you would call Wilson Trucking. I don't know that a house trailer
or mobile home is any more objectionable than a tractor trailer that moves in and out
and makes a lot of noise. They are coming and going all the time. I think the
the
crowning blow is the fact that down /~ad at the Gulf Station...Mr. Humphrey please
point out Parcels 19 and 20 on that map...the last of July, 1973, to be specific,
just about a-'~year ago, and this was on the unanimous recommendation of the County
Planning Commission, and again by the unanimous ~ote of this Board, a special permit
Chairman
was granted for 40 trailers at that location to Charlottesville Oil Co.mpanY. That
permit, I understand, is still a valid permit and i'f~the people who own th~ land get
the water, they can install 40 trailers down there, many of which would be visible
from Route 20. So I don't think the claim that it can be seen from the highway will
change the character of the neighborhood. You have already discussed the fact that up
until a few months ago, he would have had a right to put this trailer here without
any question and as I understand it the reason you have to go through this procedure
now is so that certain conditions can be added. We would be perfectly agreeable to
anything that is half way reasonable. I would say,-?particularly since reading the
Planning Commission minutes of a year ago when those 40 trailers went in...have also
read the Board of Supervisors minutes...that not one person at either one of those
meetings that had one question about those 40 trailers. I can't help but think that
the objection to this is a back-lash or fallout because of the people recently getting
upset when they thought they were going to have a 500 unit trailer park in there. In
my way of thinking, there is a vast~ difference between 500 trailers and one trailer.
I think the mamn reason this was turned down, was either they were not satisfied .... the
Planning Commission, was this was not a hardship case, if in fact a hardship has to be
proven. I have obtained a letter from her doctor. This lady is 78 years old, lives
there by herself, and Bill Payne would like to be there c~ose to here He is not
particularly anxious to live in the house and we don't think she wants anybody in the
house with her because she has been living this way for over 20 years, by herself.
But everybody feels like somebody should be close by. As far as conditions are concerned,
I know the usual time limite.~~ .... the maximum is~five years. We don't have any objection
if you put in h~r~, not to exceed heralifetime, or if she ever leaves, that this permit to be with
would automatically expire. The only reason he wants to be there is/his mother. Would
of
one/the daughters please explain the situation as far as the home is concerned?
Mrs. Mawyer: Being the age that she is and being by herself so much, I don't
think she is satisfied to have anyone stay in the house with her.for any length of
time. She is settled in her ways and just prefers to stay by herself. My brother is
the only one who could...
Lee Hall: I only met Mrs. Payne one time and I was real impressed with the lady.
Mrs. Payne has been living on this land for 35 years and paying taxes. Mrs. Payne lives
on 12 acres of land, which is/large amount of land.and she could not manage 12 acres of
land. I have driven down 742, looked down over the hill where Mr. Payne said he is
going to put the trailer and no way possible could that trailer be seen. I have driven and it is
on Route 20, northland ~outh,/the same way. There are also trailers in the area,~'Wh~ch
I am not personally against trailers, some trailers to be are attractive and some are
an ~yesore, that is a matter of opinion. We have all heard in the City of Charlottes-
ville and Albemarle County that money is ~ight, we can't have' low rate housing. Well,
tra±lers are one way out. I have also found out that she is one of the most uPstanding
4 2 3
Chairman
citizens in the community and I don't believe anyone on the opposition or either
side of the fence will say anything against this woman:. If this is her wish in her
latter years, that her son be near her to be with her in case of need, the~ I hope
that when t get 78 years~.oid, ~f I do, that I will have a daughter that will be
willing to give up part of her life to be near ~e. ent
A. C. Watson: I own the land adjacZ to Mrs. Payne. She is a very nice woman.
I am concerned about health. She has had a major operation, not too far back and
somebody needs to be there and I agree with her sister that she likes to be by her'-
self. I have be~n over and talked to her; I think this would be ideal to put a
mobile home back there and you could not' see i~ from the road. It is a very good
location and I have no objection whatsoever to it. .If you are going to do something
about mobile homes, there are a bunch':.across the road from me, a bunch of maniacs
that live up there. That is what we object to, not somebody trying to do something
for their mother.
Wheet~r: Was this request signed by Mrs. Payne also?
Humphrey: It is signed by Martha H. Payne.
Wheeler: Is that the mother?
K~.~ey~-:~ Yes~~
Allen Desper: I live on 742. I don't think anybody objects to having a trailer
added to
for Mrs. Payne. We just don't want anymore trailers /: that area. I want to know
where Mr. Payne is going to put a septic tank, he doesn't have any drainfield. I
wokked that land 45 years ago and I know what a swamp/and how bogg~ it is down
there. There's nobody out there that doesn't believe Mrs. Payne needs h~lp, but
if Billy is in the trailer he is no closer to her than we are. She can call any
of her neighbors and get there just as quick as BiZly. We have too many trailers
our there now...
Unidentified Man: What do you mean by screening when you put a restriction
on a trailer?
Hnmphrey: Usually in most cases it is left up to the staff to determine what
screening would be necessary, if needed.
Man: Are you speaking of all the way around?
Humphrey: Right. Usually it is evergreen type and it has been in the past
five feet high.
Another unidentified man: Is it a permanent o~ temporary thing?
Wheeler: Five years. In l~oking over these, is this to be hooked up to a
septic system? Has any decision been made about a septic system?
Humphrey: The Health Department would have to approve the septic system~for
hook up. If there is one existing, it will have to be reapproved.
Kegley: There is one thing I forgot to say which I think is fairly important.
I asked Mr. Payne where he was going to put his septic tank'. He realizes there is a
good possibility that there is not enough room here for a septic tank. He also realix~s
Chairman
that he may have to go to the expense~of pumping to a drainfie!d up hill. He
would go to that expense. From the standpoint of screening, there is one point I
forgot to mention. Mr. Rinehart, who is on the Planning Commission, make the remark
that there is excellent screening, or something to that effect .......
Humphrey: The Health Department approval is tied to Building Official approval
'now.
Wheeler:
What this means, if this permit would be approved, a mobile would not
be allowed to be put there until the Health Department approved the septic system. If
the Health Department did not approve the septic system, it could not be put there.
If the land won't perk, the mobile home could not be put there anyway.
Mrs. Maywer: The neighbors say 6hey will come and look after my mother. Since
she was operated on two months ago, nne ne~ghb~has called and maybe one other has
called several times, but the other have not checked on h~r.
Norman Mitchell: I have been a property owner out there for 21 years. We just
think we have more trailers right now than we need in that area. There is a trailer
court. If we had had a little bit of a chance at that trailer court, we would
is
certainly have done our very best to petition it out. But it/there. It was there
before we had this new County ordinance. In all due respect to the Counsy ordinance,
I think we ought to uphold that. It was originated to protect property owners of
Albemarle County.in every section. This ~railer that is going to be located there...
in all due respect to Mrs. Payne, I have been friends with the folkS for many years...
surely in'winter time there is no evergreen that is going to screen this trailer from
the road. I know some of those pictures shown up pretty good now. Take the point
from Mrs. Batton's house looking in there...from Avon Street Extended looking down
there. There is no way you screen that this winter when the foliage is gone. It has
got to be visible. I hope we can reserve the trailers for trailer parks and let this
property out there in this Jarea stay clear.
Dorothy Glass: I am also a w~idow and if I was 78 years old and disabled ! would
certainly want my son or daughter in the house with me. I wouldn't want a trailer in
the yard .... Where I live on 742 when the leaves are off the trees, I look right
down at it.
Mrs. Barton: I live next door to that lunatic trailer camp and it most undesirable.
Uur place almost burned .... burning ~rash and things come over there. I really think
we have more than enough .... w~utdudoas~m~th±n~i~ W~a~o~d~'~ v~.ealled me and asked
me to signed the petition, and I don't know how 14 people could be surrounding her
property because there is only one .... and I am directly across. But, when she ask~'d
this trailer
me she said that they needed/to have sanitary facilities and Mrs. Payne has had bath-
room facilities all her life. I thought they were needed in the house for her and
not ....
Mrs. Fitzgerald: .....
7-24~74
42
Chairman
Unidentified Lady: This meeting seems to be .... Scottsville road trailer courts.
discuss
I think the meeting was called tonight ~oJ Mrs. Payne's trailer. Ail of these things
....... ~hat my mother does not have a bathroom in the~use. She~has lived in
this home, she ham finance it if she wants to, she is extremely independent and she
will do as she likes. She does not want .... in her home.
Wheeler: The public hearing is closed. I have one comment and request. The
member of the Board of Supervisors who represents this area is not present tonight.
I feel that I would like to, would ask you gentlemen?~to defer a decision on this until
Mr. Thacker can get this information and participate in this decision.
Fisher: I ha~na objection to that. I also would like to visit that site to
see if from 742 and Route 20 before we take a vote on it. I would like to know what
it looks like.
Wheeler: There is a request that we not hear anything further but the Board
members be given a chancre to visit and we also give Mr. Thacker a~chance to participate
in the decision.
Motion was offered by Mr. Wood to defer any action on this petition until
August 14. The motion was seconded by Mr. Carwile and carried by the following
recorded vo~e:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
(1!) SP-373. As advertised in the Daily Progress on J~'~y ~ and July l!~, 1974:
Be it resolved that the Albemarle County Planning Commission will conduct a
public hearing to consider SP-373 as authorized under Section 14-1-2 of the
Albemarle County Zoning Ordinance. The purpose of SP-373 Rivanna Water and
Sewer~ZAu~hority ~s to locate an Advanced Wastewater Treatment plant on 49.52
acres zoned A-1 Agricultural. Property is situated on the north side of
Interstate ~4 ~nd the south side of Moore's Creek, near its 6onfluence with
the Rivanna River. Property is further described as County Tax Map 77,
Parcel 38 (part thereof). Rivanna Mag~steria! District.
Humphrey: This is a request to locate an advanced wastewater treatment plant
in compliance with the Thomas Jefferson Planning Commission's written recommendations
and with the Water Management Phase I plan. The Planning Commission 6onducted two
public hearings and is recommending approval of this. They found this in keeping
W~th the Comprehensive Plan for Albemarle County and the previously adopted~regional
plans for s~wer. They do so with the following conditions:
3)
5)
Ail facilities of the treatment facility are to be located on or
ab~e the 330 fo~t contour which represents one foot above the
State standard for flood plains as reported by the Corp of
Engineers Study dated September 1971.
County Enginee~ and the United States Corp of Engineers
approval for the bridge construction onto the property.
Approval of SP-373 be subject to final property condemnation
proceedings.
Maintain a 50-foot ~ide tree buffer around the property to
serve as screening.
Detailed site plan approval by the Planning Con~nission.
The Planning Staff has notified all persons involved, including the condemnee.
Fisher: Will they be able ~o screen that?
Humphrey: At our last public hearing, it was stated that it will be so located
that from 1-64 it could be reasonab!~ screened ~ith existing cover.
4 2 6
Chairman
Mr. Harry Marshall, Attorney,and Mr. George Williams, Director of the Rivanna
Water and S~wer Authority, were present in support of the petition. The owner of
the property, Mr. Lindstrom, was also presenT.
Humphrey: I would like to note for the record that we did receive another letter
from Wright and Nunnally acknowledging our letter of July 3rd and referring us to his
previous letter in which he stated he has no objection to the request as an adjacent
owner.
Fisher: The question of screening is taken care of with the site plan~ Is
t~his approval for the site plan with this permit?
Humphrey: The Commission did not feel this was the finalized site plan. They
want to look at. It is indicated here as a 60 to 100 foot buffer strip of trees that
exist along 64 at this location .....
Fisher: Where is the access from?
Humphrey: The access would be developed from the City into this property .....
Fisher: Is there any residential development anywhere around there~except the
property owner that has objected to it?
Humphrey: The residential property is generally located in the City, and a mixture
of uses, and there is transition taking place in the City along .... also Linden Street.
Fisher: If we approve this, it is with the understanding that the final site plan
will be ~eviewed by the Planning Comfnission for their approval? Is that the under-
standing?
Humphrey: That is the recommendation of the Commission.~hThey want to see the
communication from the Corp of Engineers in reference to the flood plain and the effec~
the bridge constr~ct~n may have on that.
Mr. Carwi!e offe.red motion to approve SP-373 with conditions recommended by the
Planning Commission. The motion was seconded by Mr. Wood and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
At t0:00 P.M. Mr. Wood offered motion to adjourn this meeting until 9:00~A. M.
on July 25, 1974. The motion was~seconded by Mr. Carwile and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Wheeler and Wood.
NAYS: None.
Chairman