1962-12-21 - Laserfiche WebLink

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'5 3O RESOLUTION RE: SUIT WITH CIRCUIT COURT OF ALBEMARLE COUNTY - STATEMENT BY COUNCILMAN R. E. LEE BY ORDER OF J. S. Rus%,. JR. (SIGNED) B.J. H^GGERTY (SIGNED) CLERK PRESIDENT THE COUNCIL MET IN SPECIAL SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT: MR. HAGGERTY, MR. LEE, MR. MOUNT~ MR. PONTON AND MR. SCRIBNER. ABSENT: NONE. A SPECIAL MEETING OF THE COUNCIL WAS HELD ON THIS DATE TO CONSIDER A RESOLUTION AUTHORIZING SUIT TO ENJOIN NON-CONFORMING USES IN THE ANNEXATION AREA~ THE MAYOR STATED THAT FOLLOWING THE RESOLUTION PASSED BY THE COUNTY BOARD OF SUPERVISORS ON DECEMBER 20~ 1962, HE HAD CONTACTED THE CHAIRMAN OF THE BOARD OF SUPERVISORS IN THE HOPES THAT THEY HAD SOME LEGAL KNOWLEDGE THAT THE COUNCIL HAD NOT DISCOVERED. THE MAYOR WAS ADVISED THAT THEY HAD NOTHING NEW~ THAT THEIR RESOLUTION WAS MERELY REFERRING TO THE PROPOSED ORDINANCE PRESENTED TO THE COUNCIL MONDAY~ DECEMBER 77, 7962. THE MAYOR STATED THAT IT WAS DIFFICULT FOR HIM TO DETERMINE THE PURPOSE OF THE COUNTY RESOLUTION. THE MAYOR STATED THAT THE CITY ATTORNEY HAD BEEN WORKING ON THIS MATTER FOR SEVERAL DAYS AND WAS PREPARED TO MAKE A REPORT. THE CITY ATTORNEY MADE HIS REPORT AND RECOMMENDED THE ADOPTION OF THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT THE CITY ATTORNEY BE AND HE IS HEREBY DIRECTED TO INSTITUTE IMMEDIATELY~ ON BEHALF OF THE ClTY~ A SUIT WITH THE CIRCUIT COURT OF ALBEMARLE COUNTY SEEKING TO ENJOIN ALL PERSONS WHO ARE NOW BUILDING, OR MAY HEREAFTER SEEK TO BUILD, OR OWNERS OF LAND ON WHICH BUILDINGS OR STRUCTURES WILL BE CONSTRUCTED FOR NON-CONFORMING USES IN THE AREA TO BE ANNEXED TO THE CITY AT MIDNIGHT DECEMBER 31, 1962. BE IT FURTHER RESOLVED THAT THIS SUIT BE DIRECTED ONLY AGAINST THOSE PERSONS WHO ARE THE OWNERS OR BUILDERS OF SUCH BUILDINGS OR STRUCTURES AS WILL BE USED FOR NON-CONFORMING USES BECAUSE SUCH BUILDINGS OR STRUCTURES LIE IN A HIGHER ZONED DISTRICT THAN WOULD BE PERMITTED ON THE ZONING MAP PREPARED BY THE CITY PLANNING COMMISSION~ WHICH MAP WILL BE PROPOSED BY THE COUNCtL) AT A PUBLIC HEARINGAFTER JANUARY 1~ !963, TO BE THE ZONING OF THE ANNEXATION AREA. ON MOTION BY MR. SCRIBNER, SECONDED BY MR. PONTON~ THE FOREGOING RESOLUTION WAS ADOPTED BY THE FOLLOWING RECORDED VOTE: AYES: MR. HAGGERTY, MR. MOUNT, MR. PONTON AND MR. SCRIBNER. NOES: NONE. (MR. LEE NOT VOTING). THE FOLLOWING STATEMENT WAS MADE BY MR. LEE: HR. MAYOR :!~ BELIEVE THAT ALL MEMBERS OF COUNCIL ARE AWARE OF MY PERSONAL CONNECTION WITH THREE OF THE CORPORATIONS NAMED BUT [ SHOULD LIKE TO STATE MY POSITION FOR THE PUBLIC RECORD. I AM PRESIDENT OF R. E. LEE ~ SON, INC. AND I AM ALSO AN OFFICER IN BRANDYWINE CORPORATION WHICH IS CONSTRUCTING FOUR TWO-STORY APARTMENT BUILDINGS ON BRANDYWINE DRIVE. R. E. LEE ~ SON HAS A CONTRACT FOR THE ERECTION OF THESE BUILDINGS. R. E. LEE ~ SON ALSO HAS A CONTRACT WITH BELLEMOORE REALTY CORPORATION FOR THE CONSTRUCTION OF AN ELEVEN-STORY ONE- HUNDRED UNI'T APARTMENT BUILDING ON BRANDYWINE DRIVE. I EXPECT TO TAKE PART IN GENERAL DISCUSSIONS OF ZONING IN THE ANNEXATION AREAS BUT I WILL NOT ENTER INTO ANY DISCUSSION THAT AFFECTS ONLY THOSE PROPERTIES OF BRANDYWINE CORPORATION OR BELLE- MOORE REALTY CORPORATION AND I WILL ABSTAIN FROM VOTING ON ANY MOTION THAT AFFECTS THEM DIRECTLY OR INDIRECTLY.