Implications of BZA Hearing outcomes in York County

When one considers how cases arrive on the Board of Zoning Appeals'
agenda, does not the data suggest that the York County Zoning
Administrator has done a good job over the past 10 years? Arguments to
the contrary require facts, not generalities.
>> 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.
>> GG
>>
>> ____________________________________________________________________________
>>
>> 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_ (http://www.fff.org/aboutUs/bios/jxb.asp) , 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:
>> _http://www.fff.org/freedom/fd1107c.asp_ (http://www.fff.org/freedom/fd1107c.asp)
>>
>>
>>
>>
>>
>> GG
>>
>>
>>
>> HERE IS THE FOIA REQUEST THAT VERIFIES WHAT I AM SAYING ABOVE
>>
>>
>> ____________________________________
>>
>> From: christie.powell@yorkcounty.gov
>> To: Ggdirect@aol.com
>> 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
>>
>>
>> Greg,
>>
>> 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
>> _christie.powell@yorkcounty.gov_ (mailto:christie.powell@yorkcounty.gov)
>>
>>
>> Sam,
>>
>>
>> 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.
>> Thanks,
>> GG
>>
>> Greg Garrett
>> _www.greggarrettrealty.com_ (http://www.greggarrettrealty.com/)
>> offices in Hpt Rds from Chesapeake to Williamsburg
>> Licensed in Virginia
>> cell # 757-879-1504
>>
>> Please let me know who needs to buy or sell a house
>>
>> _Help Orphans NOW!_ (http://www.orphanhelpers.org/) (click here)
>>
>>
>>
>>
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