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is considering today,” Biddle said.
Only First Step
Under the county's zoning ordinance. Baumgardner added, a detailed development plan is submitted to the planning commission after the BZA issues a special use permit. Then the planning commission must determine compliance with a multitude of requirements before approving or disapproving the plan. Any action taken by the planning commission can be appealed back to the BZA. Baumgardner said, and in turn, the BZA’s decision can be appealed to the circuit court. Thursday's hearing, he noted, is “only the beginning of a lengthy process."
His voice getting louder with every word, Henry attacked Biddle's description of Sewage plans as “a minor detail." Noting the apartment project’s potential for pollution, he pointed out that only one area landowner was in favor of the proposal while 40 were opposed. "If you took that plan to anywhere in Northern Virginia, they'd laugh at you! They wouldn’t even look at it!” he said.
“We consider these as preliminary plans,” Biddle countered.
Referring to the attorney’s contention that all those opposed to Parlagreco’s request live two miles or more away from the proposed apartment site. Mitzie Young pointed out that Allens Run crosses her property. “So even if our land isn’t contiguous. we’re very affected by what’s done.” she said, suggesting that the State Water Control Board be informed of Parlagreco’s plans.
Hazel Fannon reported that she lives within a mile of the property and can see the 19-acre parcel. She maintained that approval of the "major variance" would drastically change the character of the area and would set a dangerous precedent for the county.
First Determine Slope Commonwealth’s attorney Baumgardner acknowledged that he'd originally advised the BZA by letter that it had jurisdiction over Parlagreco’s application. He said, however, that testimony appears to corroborate the impression that board of zoning appeals members received when they visited the property—that the predominant slope of the 19acre tract is over 14 per cent. Since the special use permit application was filed for property in an agricultural zone (under 14 per cent slope). Baumgardner said he had “serious reservations” as to whether the BZA had jurisdiction to consider the application "as presently drafted." He acknowledged that further delay would work a substantial inconvenience on all parties but insisted that the BZA “must have some type of definitive answer on
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