NEYHART, ROBERTSON & MCCONNELL

TRACY NEYHART
JOHN J. ROBERTSON
G. BRADLEY MCCONNELL
ANNE PARK BRINCKMAN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
210 OTEY STREET
P.O. Box 196
BLACKSBURG, VIRGINIA 24063-0196
Voice: (540)552-1811 "'" Fax: (540)552-7344
November 11, 2011
Mr. Andrew Warren, Zoning Administrator
Blacksburg Planning and Building Dept.
P.O. Box 90003
Blacksburg, VA 24062
Re: 304 Virginia St.lLinday Coleman
Dear Mr. WalTen,
DOUGLAS E. BRINCKMAN,
OF COUNSEL
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I represent Lindsay Coleman, the owner of the propeliy located at 304 Virginia Street in
Blacksburg. I am in receipt of your letter dated November 4 in which you asseli that my client's tenants
at that residence are in violation of the town's zoning ordinance. I respectfully disagree with your
conclusion and request that this letter serve as my client's notice of appeal.
Mr. Coleman's use of the property is "grandfathered in" under the zoning ordinance. The zoning
ordinance has been if effect since May 11,1999. My client has owned the property at issue since 1985.
For the entire time that he has owned the property, it has been used as a rental unit. It has been
continuously leased to at least four residents at a time during this period.
If the town unilaterally restricts the manner in which a property can be used, then it has taken
some value from the property. Doing so without compensating the owner of the property is in violation
of both the United States and Virginia Constitutions. The town has certainly never compensated Mr.
Coleman for the amounts that he would lose by renting to only three individuals.
The town cannot legally restrict my client from using the property in a manner that was
completely legal when he obtained it without compensating him for his loss of income. Presumably no
effort is forthcoming to do. Based on those facts, it is my opinion that the zoning ordinance is
inapplicable as long as Mr. Coleman owns the property.
Please don't hesitate to contact me should you wish to discuss the matter.
Sincerely,

G. Bradley McConnell .
Cc: Lindsay Coleman
Residents, 304 Virginia St., Blacksburg
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Town of Blacksburg, Virginia
For Office 08e: . . 'i
BZA Case#: U .... OOOI-(
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Appeal of a Decision by the Zonjng Administrator
This appli ti6n and accompanying items must submitted in full before the case may be referred to the Board of
Zoning Ap eals for consideration. PleaSQ contact the Planning and Building Department at (540) 961-1126 for more
information
Name of P operty owner(s): _____________ ... .. __
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street city zip code
HomePho e: ___________ Work Phone:
Fax # (if ap Iicable): __________ E-mail Address (if applicable): ________ _

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Home Pho e: ___________ Work Phone: -"'"7":...... __ ____'_".........-
Fax # (if ap I.icable): tfJ'f'Z- 754':1 Address (if applicable): .. bbt.l.J lu,), Celv?
zip code
Location 0 Address of Property in Question:
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IN'fERPRETATION TO SECTION(S) _____ of the Blacksburg Zoning Ordinance.
What interp etation did the Administrator make of which you are aggrieved?
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tiona/e for why you disagree with the interpretation.
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THE FOL OWING ITEMS MUST ACCOMPANY THIS APPLICATION:
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1. One (1 copy of the secHon of the zoning map indioating the parcel(s) which would be affected by the decision of
the Bo rd of Zoning Appeals.
2. One (1 copy of supporting documentation.
3. One (1 copy of the interpretation,
4. map (may be combined with the other map requIred),
5. A list 0 adjacent property owners including properties aoross the street and their addresses. and the cost for first
class ostage for notifying each adjacent property owner. As of January 2009, cost per notification is $0.42
but thO amount is subject to change.
A $100 to be applied to and expense incidental to publishing. and
, proces ing this application. your check or money order payable to the Town of Blacksburg,
7. Any itel submitted that is in excess of 11" x 17" paper size (color or b/w) requires thirty-six (36) copies.
Pleasesig here -.fteryou ha"e read and completed this application. If you have any olherquestions please
contact th Town Planning and Building Department at (540) 961-1126.
Date ,.
Date
,
,
Blacksnurg
a special place
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DEPARTMENT OF
PLANNING AND BUILDING
pianningandbuiiding@blacksburg.goo
November 4, 2011
Lindsay Coleman (property owner)
612 McConkey Street
Blacksburg, Virginia 24060
Certified Mail/First Class Mail
Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson (tenants)
304 Virginia Street
Blacksburg, Virginia 24060
RE: ZV#11-039 - Notice of Zoning Ordinance violation at 304 Virginia Street, Blacksburg
Virginia.
Dear Mr. Coleman and Tenants (Mitchell Murray, Daniel Hughes, Sam Hays, Mark Wilkinson):
This letter is to inform you that the residence at 304 Virginia Street (tax map number 226-
A209), located in the R-4 Low Density Residential Zoning District} is in violation of the Town of
Blacksburg Zoning Ordinance Section 3042, which limits occupancy.
Section 3042 (e): The maximum dwelling unit occupancy shall be a family plus two persons
unrelated to the familYi or no more than three unrelated persons.
Background
On the morning of November 3, 2011, Lisa Browning, Zoning Inspector and I spoke with Mr.
Hays who resides at 304 Virginia Street. He was asked how many unrelated individuals live at
the residence and responded that four (4) unrelated individuals live at 304 Virginia Street and
provided the names of the tenants.
Correction of Violation
To correct this violation} occupancy must be reduced to no more than three unrelated
individuals or a family plus two unrelated to the family, after Saturday, November 19, 2011 at
304 Virginia Avenue. To insure that the occupancy of the dwelling has been reduced to the
allowable number of tenants, you are asked to provide this office with a signed letter
containing the following information:
A copy of the lease agreement(s) for all tenants with the owner and all sub-lease
agreements
Agreement to allow Town inspection of the property on} or within the week of Monday,
November 21, 2011 to verify compliance with Zoning Ordinance 3042 (e)
300 SOUTH MAIN STREET POST OFFICE BOX 90003 BLACKSBURG, VIRGINIA 240629003 www.blacksburg.gov phone 540/9611126
,
Right of Appeal
You have the right to appeal this notice of violation. A letter of appeal stating the grounds
thereof must be filed with the Zoning Administrator within 30 days. If a letter of appeal is not
filed, this decision shall be final and unappealable. If a second and final notice of violation is
given, the thirty-day appeal period is not extended. The thirty-day appeal period begins when
the first notice of violation is provided. [Zoning Ordinance 1210(d)]
Civil Penalties
Continued violation after Saturday, November 19, 2011 may result in civil penalties for the
property owner and residents in the amount of $200.00 for the first violation and a civil penalty
not to exceed $500.00 for each additional violation thereafter arising from the same set of
operative facts. Each day during which a violation is found to exist shall be a separate offense.
However, the same scheduled violation arising from the same operative set of facts may be
charged not more than once in a ten (10) day period, and the total civil penalties from a series
of such violations arising from the same set of operative facts shall not exceed $ 5,000.00
[Zoning Ordinance 1213.] The Town may also pursue other available remedies.
If you have questions please feel free to contact me in the Planning and Building Department.
You may reach me by telephone at (540) 961-1184 or bye-mail awarren@blacksburg.gov , or in
person at the Blacksburg Motor Company building at 400 South Main Street, Blacksburg
Virginia. Thank you for your immediate attention to this matter.
Sincerely,
/14-
t ! { : ~ Warren, CZA, AICP
Zoning Administrator
Planning and Building Department
Cc: Lisa Browning, Zoning Inspector
Anne McClung, Director, Planning and Building Department
Lawrence Spencer, Town Attorney
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