Shaun & Pam Evans' July 25, 2001 Letter of Appeal to Amelia McCulley
Below is the letter from Morgantown Road residents Shawn & Pamela Evans, appealing Amelia McCulley's zoning determination related to the Faulconer Construction Company site plan. Her determination states the Faulconer plan is allowed by right within the light industrial district at Ivy Business Park.
July 25, 2001
Amelia G. McCulley
Zoning Administrator
County of Albemarle
Department of Building Code & Zoning Services
401 McIntire Road, Room 223
Charlottesville, VA 22902-4596
Dear Ms. McCulley,
We are parents of two children who attend V.L. Murray Elementary School. As abutting landowners, our residence is located immediately west of the southwest corner of Morgantown Road and Dettor Road. We are opposite from the southeast corner where Millstone Preschool and Daycare Center is located (Millstone has an enrollment of 96 toddlers for fall semester 2001). However, we were not included in the May 4, 2001 letter of notification from Yadira Amarante regarding the Faulconer Construction Company site plan.
Our appeal is based on what we believe are two basic errors in your determination of “by right” use by this applicant:
I. Contractor’s office and equipment storage yard also appears as a “by right” activity under HEAVY industrial zoning. A distinction is made in the very definition that you used: (from Page 2 of your letter dated June 26, 2001) “General contractors and builders engaged in the construction of buildings, either residence or commercial structures AS WELL AS HEAVY CONSTRUCTION CONTRACTORS ENGAGED IN ACTIVITIES SUCH AS PAVING, HIGHWAY CONSTRUCTION AND UTILITY CONSTRUCTION.“ (These represent the primary business of the applicant.)
II. The use of “warehouse facilities involving the storage of gasoline, kerosene or other VOLATILE materials, dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which COULD BE HAZARDOUS TO LIFE IN THE EVENT OF ACCIDENT” are specifically and expressly disallowed in light industrial zoning. (27.2.1 – item #17)
We are requesting in the interest of due process, especially PUBLIC SAFETY, a clarification of these two basic points of interpretation by the Board of Zoning Appeals. For further edification of these safety concerns please refer to the attached copies of letters from Albemarle school representatives:
1. A letter dated July 20, 2001 from Dr. Charles Ward, Chairman of the Albemarle County School Board, to Wayne Cilimberc, Director of planning and community development in Albemarle County.
2. A letter dated July 19, 2001 from Dr. Frank Morgan, Assistant Superintendent, to Yadira Amarante, Department of Community Development.
Finally, the discretion exercised by County officials in this process will impact the children and residents of Western Albemarle County for decades to come. We have to believe that the County government will factor in its concern for the general welfare of its residents.
Sincerely yours,
Shawn Paul Evans Pamela A. Evans
cc: Albemarle County Board of Zoning Appeals
Sally Thomas, Albemarle County Board of Supervisors
Charles Ward, Chairman, Albemarle County School Board
Kevin Castner, Division Superintendent, Albemarle County Schools
David Rogers, Principal, Murray Elementary
Jack Sanford, Faulconer Construction Company
Encl: County of Albemarle Zoning Appeal Application
A letter dated July 20, 2001 from Dr. Charles Ward,
Chairman of the Albemarle
County
School Board
A letter
dated July 19, 2001 from Dr. Frank Morgan,
Assistant Superintendent
