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