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1973-07-117-11-73 A regular meeting of the Board of County Supervisors of Albemarle County, Virginia, was held on July 11, 1973, at 7:30 P.M. in the Albemarle County Courthouse, Charlottesville, Virgiria. Present' Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr., and Lloyd F. Wood, Jr. (Mr. Wood arriving at 7:40 P.M.) Absent: Mr. Gordon L. Wheeler. Officer present: County Executive. In the absence of the Chairman, Mr. William C. Thacker assumed his duties. At this time, the Board continued public hearings on the following zoning matters: (1) SP-258. Ulysses E. Shifflett. Action on this petition was deferred from June 27, 1973. Mr. Shifflett was present. Mr. Humphrey stated that the staff felt this could be compatible with the area and Mr. Shifflett had indicated it could be a temporary permit, instead of a permanent permit. The Planning Commission recommended approval for one year, with administrative review at the end of one yea~and a $00-900 foot setback and Health Department approval of a septic tank system. There was an adjoining landowner present who stated that he had no objections to this petition. Mr. Henley offered motion to accept the recommendations of the Planning Commission and approve SP-258. Motion was seconded by Mr. Carwile and carried by the following recorded vote: Messrs. Carwile, Fisher, Henley and Thacker. None. Mr. Wheeler and Mr. Wood. SP-261. Patricia A. Tiffany. AYES: NAYS: ABSENT: (2) Action on this petition was deferred from June 27, 1973. Mr. R.G. Warner, Resident Engineer, Virginia Department of Highways was present at the Board's request to discuss entrance permit issued by the ~ighway Department. He stated that the Highway Office in Culpeper overrode the recommendations of the'local office and approved two entrances for this property. A question .arose as to whether this was to be a general store or a country store. Mr. Humphrey said that if the store caiered to other than general merchandise, the permit may have been applied for illegally and the applicant would have to refile. Mrs. Tiffany said that the store would be basically like Rockfish Gap Country Store. Mr. Humphrey said that i~ view of this, possibly, the applicant should have applied for a gift-craft permit. At this time, the Board deferred any further discussion of this matter in order to allow the County AttorneY to be present.~f~?~ Mr. Batchelor stated that he had received a communication from the McIntire Public Library concerning the County's bookmobile. They are having trouble with the auxiliary engine and generator that operates the interior lights, ventilation and air conditioning and bookcharging machine. They request $1,500 for repairs for this equipment. Motion was offered by Mr. Carwile to adopt the following resolution: 7-11-73 157 BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $1,500.00 be, a~d the same hereby is, appropriated from the General Fund and transferred to the General Operating Fund for the purpose of repairs to the county bookmobile. Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None. ABSENT: Mr. Wheeler. The next item under discussion was SP-263 for Dorothy Rush which was deferred from June 27th for further information. Mr. Humtlrey stated that the Planning Depart- ment's investigation showed that on August 4, 1972, a special permit had been issued under the lineal relative provision. Mrs. Rush is a niece and not a lineal relative. They had found the mobile home when they were checking on another violation. The Planning Department had ascertained that Mrs. Rush owns the mobile home and leases the property from her uncle. His home is on the same four acres, approximately 150 feet away. They have no proven certificates from the Health Department. Mrs. Rush has not moved into the mobile home at this time, however, the mobile home has been in place for approximately three months. The Planning Commission recommended approval with a 30-foot setback and Health Department approval of a septic tank system. Mr. Wood offered motion to approve SP-263 as recommended by the Planning Commission. Motion was seconded by Mr. Fisher and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None. ABSENT: Mr. Wheeler. Upon ~rrival of the County Attorney the Board continued their discussion of SP-261 for Hatricia A. Tiffany. Mr. St, John said he had been briefed by the applicant and the attorney for those in opposition, as to th~ misunderstanding that had ~risen concerning the type of permit applied for. /He gave his rulin~g on this matter and the Board continued. There followed quite a lengthy discussion of the highway entrance permits issued. Several people spoke in opposition to the petition. Mr. Henley then offered motion to accept the recommendation of the Planning Commission to deny this petition. Motion was seconded by Mr. Fisher. Vote was as follows: AYES: Mr. Fisher and Mr. Henley. NAYS: Messrs. Carwile, Thacker and Wood. ABSENT: Mr. Wheeler. Mr. Carwile then offered motion to approve SH-261 with the following conditions: 1) Approval of the Highway Department for entrance permit and proper drainage structures under the fill. 2) No sign other then one identification sign of four (4) square feet be permitted. 3) No signs to be located in view of 1-64. 7-11-73 4) Only one (1) 50 ft. entrance as indicated on the supplemental plan. 5) Deceleration ~lane and acceleration lane To be built to Highway Department standards. 6) The 20 ft. road is to be restored to its natural condition after Construction is complete. Motion was seconded by Mr. Wood and carried by the following recorded vote: AYES: Messrs. Carwile, Thacker and Wood. NAYS: Mr. Fisher and Mr. Henley. ABSENT: Mr. Wheeler. Motion was offered by Mr. Fishe~ to adjourn this meeting until July 18, 1973, at 7:30 P.M. in the Albemarle County Courthouse. Motion was seconded by Mr. Carw~le and carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood. NAYS: None. ABSENT: Mr. Wheeler. Chairman