Friday, July 6, 2012

Agenda item: FOIA : BZA Hearing outcomes in York County

Tommy, Brenda, Mike, & Gordon,
We need your help!!
We need a fair and objective Board of Zoning Appeals in York County.
For more then 10 years the BZA HAS NOT SIDED WITH A SINGLE CITIZEN on a single issue !!!!
What should be done about this?
The process is that the Bd of Supervisors(or County Administrator)  gives a list or hand selected people to the Circuit Court Judge and normally the people on the list are put on the BZA.... and then they side with the County Zoning staff, and not citizens.
This is a significant property rights issue that needs to be addressed. When citizens know that they are wasting their time "fighting city hall", it is not a good situation. We should be encouraged to stand up for what we believe our rights to be and have a fair hearing to prove it.
Fellow citizens,
Feel free to reply on this issue to our Senator & our Delegates. They are all good people that care about your property rights. They are also in a position in Richmond that they can change this "selection process" that ensures that the York County officials get people on the BZA that will side with them.
This is especially important now that York County passed the China Provision in Nov 2011 and added it to the Zoning Ordinance that determines what you can & cannot do on your private property.
Here it is, in case you missed it:
The China zoning provision:
In the event a particular use is not listed in this chapter(the chapter that lists activities you can or cannot do on your land) as a permitted use, a specially permitted use, or an administratively permitted use, and such use is not listed in section 24.1-307 as a prohibited use and is not prohibited by law, then such use shall not be permitted unless the zoning administrator shall determine whether a materially similar use exists in this chapter.
It is very clear....
If you want to do something on your property, that is not currently written in the Zoning Ordinance, & the Zoning Administrator(Zoning Czar) does not find a similar use in the Zoning Ordinance, then YOU CANNOT DO IT !!!
How else can this be interpreted?
I have attached the list of changes made in Nov 2011 if needed.
Look where else this provision is popular......
The Soviet Union's Continuing Influence on America
by James Bovard, Posted October 20, 2011
The reigning principle of legislation in the Soviet Union was "Everything is prohibited which is not specifically permitted."
If you want to read the entire article:

Sent: 7/5/2012 9:28:47 A.M. Eastern Daylight Time
Subj: RE: follow-up on your research about BZA Hearing outcomes in York County
You are correct - all appeals, other than the one you mention below, have upheld the county's decision.
- Christie
Christie P. Powell
Public Information Officer
York County, Virginia
work: 757-890-3300
cell: 757-272-3641
Thank you for your research.
Can you confirm that the BZA has not sided with a single citizen in over 10 years on a BZA Appeal?
You don't have to mention the one time that they sided with me on the helicopter issue and then sided with the County at the very next meeting thereby creating the desired result of the County to disallow helicopter landings in any area that is zoned any form of residential.
Greg Garrett
offices in Hpt Rds from Chesapeake to Williamsburg
Licensed in Virginia
cell # 757-879-1504

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