AGENDA

BOARD OF ZONING APPEALS
I. CALL TO ORDER
II. ROLL CALL
December 14, 2011
3:00 p.m.
Blacksburg Motor Company Building
400 South Main Street
III. UNFINISHED BUSINESS - None
IV. PUBLIC HEARING
A. BZA case # 11-0003:
An Appeal of a Decision by the Zoning Administrator
regarding an Occupancy Zoning Violation [ZV 11-0038]
at 207 Penn Street
1. Staff Report
2. Appellant Statement
3. Town Attorney Statement
4. Public Comments
5. BZA Discussion and Action
V. NEW BUSINESS
VI. ADJOURNMENT
* Attachment: 1) BZA 11-0003 Staff Report (12-14-11) and Attachments
DEPARTMENT OF
PLANNING AND BUILDING
BlacksBurg
planningandbuilding@blacksburg.gov
a special place
MEMORANDUM
To: Board of Zoning Appeals
From: Andrew warrenfir'cp, Zoning Administrator
Date: December 9, 2011
Subject: BZA 11-0003 - An Appeal of a Decision by the Zoning Administrator
regarding an Occupancy Zoning Violation [ZV 11-0038]
at 207 Penn Street
Appeal of Zoning Administrator Determination
Attorney John Spicer, on behalf of Cheryl A. Boone (the "Appellant"), has
appealed Zoning Violation #11-0038 [Attachment A] that the number of residents at 207
Penn Street exceeds the maximum allowable occupancy under Zoning Ordinance § 3052
(f/ The Appellant owns the 207 Penn Street property. This property is in the R-5,
Transitional Residential zoning district [Attachment B]. Pursuant to Zoning Ordinance §
1243, the Appeal [Attachment C] was filed within 30 days of the Zoning Violation.
Board of Zoning Appeals Authority
The Board of Zoning Appeals (BZA) is authorized to hear this appeal by Virginia
Code § 15.2-2309, which provides that the BZA shall "hear and decide appeals from any
1 § 3052 (f) The maximurn dwelling unit occupancy shall be a family, plus two (2) persons unrelated to the
family; or no more than thTee (3) urn'elated persons.
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
1
300 SOUTH MAIN STREET • POST OFFICE BOX 90003 • BLACKSBURG, VIRGINIA • 24062-9003 • www.bIacl<5bHrg.gov • phone 540/961-1126
· .. decision or detennination made by an administrative officer in the administration or
enforcement of ... [the zoning] ordinance .... " Similarly, § 1241(a) ofthe Town of
Blacksburg Zoning Ordinance grants the BZA the duty to" ... hear and decide appeals
from any ... requirement, decision ... made by an administrative officer in the
administration or enforcement of ... this [the zoning] ordinance .... ". Virginia Code §
15.2-2312 provides that the Board may reverse or affinn, wholly or partly, or may
modify any decision or detennination of the Zoning Administrator. The concurring vote
of a majority of the membership of the board (not just those present) is required to
reverse any decision or detennination ofthe Zoning Administrator.
Maximum Allowable Occupancy
On the morning of September 23,2011, Lisa BroWning (Zoning Inspector) and I
spoke with two females who identified themselves as tenants of 207 Penn Street. At that
time, I asked the tenants how many individuals live at the residence. One tenant
responded that five (5) individuals were living at 207 Penn Street. The same tenant also
provided conflicting infonnation stating that six (6) individuals live in the house: three
(3) individuals upstairs and three (3) individuals downstairs. In either scenario, the
number of tenants exceed the maximum allowable occupancy per Zoning Ordinance §
3052 (f) in the R-5, Transitional Residential Zoning District This is a zoning violation
and a letter was sent out on the afternoon of September 23, 2011. The Appellant has not
represented that a family2 lives at the residence, therefore-- depending on the actual
2 Zoning Ordinance §2103 Definition of
adoption, or under approved foster care.
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
-One or more persons related by blood, marriage, or
2
occupancy--at least two (2) individuals, if not three (3) individuals must move out to
meet the maximum allowable occupancy for the district.
Previous Zoning Violation (ZV#11-0001)
On February 2,2011, Staff issued a previous zoning violation for exceeding the
maximum allowable occupancy in the R-5 district [Attachment D]. (Please note a
detailed chronological summary of this violation process is attached) [Attachment E].
The violation was based on an October 19,2010 e-mail from the Appellant in which she
stated that a family (her daughter and a cousin) and two other individuals lived on one
floor and another three individuals lived on the other floor. In the e-mail, the Appellant
asserted that the unit can be treated as two units [Attachment F]. The Appellant further
explained that the real estate listing when she bought the property (in November, 2008)
stated that 207 Penn Street "had many possibilities, zoned R-5 zoning allows some
commercial uses" [Attachment G]. Staff researched whether this property had been
legally converted from a Single Family Dwelling to a Two Family Dwelling and found
that it had not (see Second Floor Addition section below for further discussion.) This is
not a Two Family Dwelling and the violation letter clearly stated that 207 Penn Street is
one-dwelling unit and not two dwelling units; therefore, the entire house must comply
with the occupancy standard for the R-5 district. The Appellant made no objection to this
determination.
The Zoning Violation was not appealed, and Staff and the Appellant agreed that the
property would come into compliance by the middle of May. By agreeing that the
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
3
property would come into compliance with the R-5 district occupancy standard, the
Appellant waived any argument that the property was not subject to this occupancy
standard. Staff inspected the house on May 15 and May 25, 2011 and found it to be in
compliance with the R-5 district occupancy standard. At this time, the Zoning Violation
case # 11-000 1 was closed. Staff requested a copy of the lease for the upcoming fall
semester, but it was not provided by the Appellant's property manager, Ann Moore,
citing privacy issues.
Lease Request Follow-Up
On June 27,2011, after Zoning Violation #11-0001 had been resolved, Staff
followed up with property manager Ann Moore by phone to request a copy of the lease.
She said that she would provide it, but there was not a commitment of when it would be
provided. It was not provided prior to the start of Virginia Tech's Fall Semester.
Proactive Enforcement
At the beginning of Virginia Tech's Fall Semester in 2011, Town Staff routinely
drove through the Town's neighborhoods to investigate concerns about overoccupancy
issues, as well as continuing to educate students, landowners, property managers and the
like about occupancy Jaws. On Sunday, August 21,2011, Staff observed five (5) cars in
the driveway at 207 Penn Street while driving in this area. On August 26, 2011, Staff sent
an inquiry letter of overoccupancy (by first class/certified/e-mail) and asked the
Appellant to contact Staff by September 1,2011 to set-up an inspection [Attachment H.]
In the absence of any response, Staff sent a follow-up letter on September 9, 2011 and
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
4
asked to be contacted by September 15,2011 [Attachment 1.] Property manager Ann
Moore sent an e-mail on September 20,2011 stating that she would set-up a walk-
through of the unit. Staff responded bye-mail on September 22,2011 stating that Staff
was available the following day or early the following week [Attachment J.]. Staff did not
get a response by mid-morning on Friday, September 23,2011, so Staff inquired about
occupancy to the tenants of 207 Penn Street and received the admission of
overoccupancy resulting in Zoning Violation #11-0038 [see Attachment A]. Staffhad
also received citizen complaints about noise and the apparent overoccupancy at 207 Penn
Street.
Appeal
The Appeal Application states that the subject property is either exempt from
compliance as to the "grandfathering" provisions of the Zoning Ordinance and/or
occupancy is otherwise in compliance. No further information or supporting
documentation was provided with the Application. While not explicit in the Appeal, the
Appellant has previously maintained that the second floor addition created a second unit
when it was constructed. The Appellant has provided no information in their Appeal
regarding this being a Two Family Dwelling. In an e-mail to Staff [see Attachment D]
previously, Appellant stated this, and Staff addressed that it is not two units in the Zoning
Violation #11-0001 letter.
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
5
"Grandfathering"
The Appeal states that the property may be exempt from compliance as to the
"grandfathering" provisions ofthe Zoning Ordinance. When the property was purchased
by the Appellant in November of 2008, the R-5 district standard of a family plus two
unrelated individuals to the family or three unrelated individuals was in place. Unit
occupancy (the particular number of individuals living in a unit at a specific time) is a
temporal condition of a property and cannot be considered a protected right of the owner
to be maintained. The Appellant has not provided the number of individuals who lived in
the dwelling when the property was purchased, however, this does not create a right to
keep the same occupancy if it exceeded the allowable number and would have still been a
zoning violation at that time.
Once a property is brought into compliance with the zoning district occupancy standards,
it is required to stay in compliance. For instance, Staff confirmed that the property was in
compliance with the maximum occupancy standard in May 2011 since only two
individuals lived in the home. There is no provision (referred to as "grandfathering" or
otherwise) within the Zoning Ordinance that would allow the Appellant to not be in
compliance with the occupancy standard ofthe Zoning Ordinance, and thus allowing any
number of unrelated individuals to occupy the Single Family Dwelling.
A "grandfather" provision in a zoning ordinance is a specific legislative exception
granted by the governing body to a general zoning regulation. Fairfax County v. Fleet
Industrial Park, 242 Va. 426,431 (1991). There is no such thing as "implied
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
6
grandfathering"; a grandfather provision must specifically exempt a type or class of
property from a zoning regulation. There is no such specific provision in the Town of
Blacksburg Zoning Ordinance.
The Appellant may be using the term "grandfather" to argue that 207 Penn Street has
some sort of lawful nonconforming status. A nonconforming use is one that lawfully
existed on the effective date of the zoning regulation in question. In this matter, the
Appellant has the burden of demonstrating that a lawful nonconforming use lawfully
existed and has not been discontinued. Patton v. City of Galax, 269 Va. 219 (2005).
In this matter, the use has remained at all times the same: 207 Penn is a Single Family
Dwelling. As stated above, an occupancy limit is a zoning regulation, such as a setback
or parking requirement, not a land use in itself. In zoning law, "use" means the type of
activity occurring on the land. For example, Zoning Ordinance § 3051, which establishes
the permitted uses in the R-5 district authorizes various residential, civic, commercial and
other uses. However, occupancy limits are not addressed as uses.
Furthermore, it is unclear when the Appellant believes that the exemption from the
occupancy compliance occurred, since the previous zoning district had the same
occupancy standard that exists today. On April 22, 1997, Town Council comprehensively
rezoned all properties in Town through Ordinance #1137. The property at 207 Penn
Street was rezoned from Central Residential District East II to its current zoning district
ofR-5, Transitional Residential. However, the occupancy standard for the Central
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
7
Residential District East II permitted (i) a family plus 2 persons unrelated to the family or
(ii) no more than three unrelated individuals. Given that the occupancy limit on unrelated
individuals did not change, it is difficult to imagine how a lawful nonconforming use
could have existed.
Second Floor Addition to Single Family Dwelling
The Town's building permit records show that a permit was applied for on May
31, 1996 for a second floor addition and an electrical rewiring of the first floor of 207
Penn Street [Attachment K]. The permit was for an addition only, not for a second unit.
The Town has no other building permit records that address the conversion of207 Penn
Street from a Single Family Dwelling to a Two Family Dwelling. At the time of this
addition, the property was zoned "Central Residential District East II". This district did
not allow the establishment of Two Family Dwellings By-right or Special (now
Conditional) Use Permit. Therefore, at the time the building permit was approved, a
second dwelling unit could not have been established under the zoning regulations.
As mentioned above, in 1997 the Town Council comprehensively rezoned all Town
properties. The property at 207 Penn Street was rezoned from Central Residential District
East II to its CUlTent zoning district ofR-5, Trallsitional ResidentiaL The R-5, Transitional
Residential Zoning District allows the establishment of Two Family Dwellings By-Right.
As mentioned previously, there are no other building permits that would have authorized
the conversion of the existing Single Family Dwelling to a Two Family Dwelling after
the time when the permit was granted on May 31, 1996. Since the property was rezoned
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
8
to the R-5 district, a second dwelling unit has not been lawfully created at 207 Penn
Street.
Through e-mail exchanges between the Appellant's property manager, Ann Moore and
the Town Building Official, Cathy Cook, Ms. Cook explained that the addition was
submitted and approved as a second story addition to a Single Family Dwelling unit; not
as a conversion to a Two Family Dwelling. Ms. Cook further stated that in the Virginia
Statewide Building Code the requirements for a Two Family Dwelling are different than
for a Single Family Dwelling and Ms. Cook then detailed the documents needed and
provided an example of the required modifications in order to change the use to a Two-
Family Dwelling [Attachment L].
Required Process Converting to a Two Family Dwelling
If the existing Single-Family Dwelling was to be converted to a Two Family
Dwelling, the following steps and improvements would need to take place in compliance
with the current Virginia Uniform Statewide Building Code and Blacksburg Zoning
Ordinance. Please note that none of the steps were completed, or proposed to be
completed to convert to a Two Family Dwelling:
1) A set of plans sealed and signed by licensed ArchitectlEngineer for review and
approval along with a building permit to show how the Single Family dwelling would be
altered to meet the requirements of Two-Family Dwelling under the current edition of the
Virginia Uniform Statewide Building Code. A number of changes would be required -
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
9
one change required under the current edition of the Building Code is "Section R317 -
Dwelling Unit Separation states that a one-hour rated fire resistance floor assembly
meeting ASTM E-119 is required along with being constructed tight against the exterior
wall.
2) Demonstration on a site layout plan that there is the equivalent of one space per
bedroom on-site to meet the minimum parking requirement and that the parking spaces
would be located so that maneuvering in or backing into a public street is not required to
access the spaces. This provision would most likely not permit the current parking
configuration for a Two Family Dwelling, even though sufficient driveway space through
stacking could exist. Most likely, a reconfiguration of the parking area and/or additional
parking area would be required.
3) All of the Two Family Dwelling use and design standards in Zoning Ordinance §4241
would have to be met, including that each dwelling unit would have a street oriented
entrance, all parking behind the front building line, street trees, and parking lot
landscaping. One additional requirement would be an advisory review by the Historic or
Design Review Board to evaluate the compatibility of the design and site layout with the
Observed Interior Changes to the Single Family Dwelling
While there have not been any building permits issued for interior changes to the
home, the current layout is different than the layout provided to prospective buyers when
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
10
the house was on the market prior to the purchase by the Appellant in November 2008
[Attachment M.] Today's layout of the house, as observed by Staff in May ofthis year,
is different in a number of notable ways:
1) the front door opens into a closed foyer with a door leading into the first
floor living area;
2) the rooms labeled the computer room and the library on the second
floor layout now have doors and are being used as bedrooms; and
3) the master bedroom suite is now two bedrooms with the dressing room
being able to be used as a separate bedroom.
It appears that changes have happened in order to facilitate the Single Family
Dwelling operating as separate units.
Conclusion
The Board of Zoning Appeals should uphold Zoning Violation #11-0038 at 207
Penn Street. The tenants at 207 Penn Street admitted that the property was overoccupied.
The propelty was not grandfathered, nor is it a lawful nonconforming use so 207 Penn
Street is subject to the R-5 maximum allowable standard (Zoning Ordinance § 3052 (f).)
Board of Zoning Appeals Hearing, 12-14-11
BZA 11-0003
11
Attachment A
BlacksBurg
DEPARTMENT OF I
PLANNING AND BUILDING I '
a special place
planningandbuilding@blacksburg.gov i ' i
I
September 23} 2011
Cheryl A. Boone
12 Sugarvale Way
Lutherville} MD 21093
Certified Mail/First Class Mail
RE: Notice of Zoning Ordinance violation at 207 Penn Street} Blacksburg Virginia.
Dear Ms. Boone:
This letter is to inform you that the residence at 207 Penn Street (tax m·ap number 257- A124)}
located in the R-5 Transitional Residential Zoning District} is in violation of the Town of
Blacksburg Zoning Ordinance Section 3052} which limits occupancy.
Section 3052 (f): The maximum dwelling unit occupancy shall be a family plus two persons
unrelated to the fami/Yi or no more than three unrelated persons.
Background
On the morning of September 23} 20l1} Lisa Browning, Zoning Inspector and I spoke with two
female tenants of 207 Penn Street. The tenants were asked how many unrelated individuals live
at the residence. The one tenant stated that five (5) individuals live at 207 Penn Street. The
same tenant also stated that six (6) individuals live in the house: three (3) individuals upstairs
and three (3) individuals downstairs. It was also stated that each tenant has an individual lease
with the owner.
As the owner is aware} an overoccupancy violation was issued for this property last February
and was later brought into compliance. In addition} Staff has sent two letters regarding a new
suspected overoccupancy violation with the first letter being sent on August 25, 2011 and
requesting lease information and a walk through of the property.
Correction of Violation
To correct this vioiation
J
ottupancy must be reduced to no more than three unrelated
individuals or a family plus two unrelated to the family, after October 9, 2011 at 207 Penn
Street. 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 for all tenants with the owner and all sub-lease
agreements
Agreement to allow Town inspection of the property on or after Mondav, October 10,
2011 to verify compliance with Zoning Ordinance §3052 (f)
300 SOUTH MAIN STREET • POST OFFICE BOX 90003 • BLACKSBURG, VIRGINIA • 24062-9003 • "''''IV. bl<1cicliJllrg.gov • l,ilo)1C 540/961-1126
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Right of A ~ p e a l
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 § 121O(d)]
Civil Penalties
Continued violation after October 9,2011 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,
Andrew 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
Ann Moore, Blacksburg Real Estate
Page 2 of 2
BlacksBurg
a special place
October 11, 2011
Cheryl A. Boone
12 Sugarvale Way
Lutherville, MD 21093
Certifi ed Mail/First Class Mail
RE: 2
nd
and Final Notice of Zoning Ordinance Violation rzv 11-00381
207 Penn Street, Blacksburg Virginia.
Dear Ms. Boone:
DEPARTMENT OF
PlANNING AND BUILDING
planningandbuilding@blacksburg.gov
This is a second and final notification letter of a Zoning Violation at 207 Penn Street (tax map number
257- A124), located in the R-5 Transitional Residential Zoning District. As you are aware, the first zoning
violation was sent out on September 23, 2011. The first time period for compliance ended on October
10, 2011. An additional seven (7) days is provided for compliance in accordance with §121O(c). It is
requested that the property be brought into compliance by Tuesday, October 18, 2011.
Section 3052 (f): 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 September 23, 2011, Lisa Browning, Zoning Inspector and I spoke with two female
tenants of 207 Penn Street. The tenants were asked how many unrelated individuals live at the
residence. The one tenant stated that five (5) individuals live at 207 Penn Street. The same tenant also
stated that six (6) individuals live in the house: three (3) individuals upstairs and three (3) individuals
downstairs. It was also stated that each t enant has an individual lease with the owner.
As the owner is aware, an overoccupancy violation was issued for this property last February and was
later brought int o compliance. In addition, St aff has sent t wo letters regarding a new suspect ed
overoccupancy violat ion with the f irst letter being sent on August 25, 2011 and requesting lease
inf ormat ion and a walk through of t he property.
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 October 18, 2011 at 207 Penn Street. To insure t hat t he
occupancy of the dwei li ng has been reduced to the all owable number of tenants, you are asked to
provide this office with a signed letter containing the foll owing information:
• A copy ofthe lease agreement for all tenants with t he owner and all sub-lease agreements
• Agreement to all ow Town inspection of the property on or after Wednesday, October 19, 2011
to verify compli ance wi t h Zoning Ordinance §3052 (f)
Right of Appeal
You have the right to appeal this notice of violat ion. The thirty (30) day appeal period began when the
f irst notice of viol ation was provided on September 23, 2011. A letter of appeal stating t he grounds
thereof must be filed with the Zoning Administrator within thirty (30) days of the first violation notice. If
a letter of appeal is not filed, this decision sha ll be final and unappealable. Please be aware that this
300 SOUTH MAIN STREET • POST OFFI CE BOX 90003 • BLACKSBURG, VIRGINIA • 24062.9003 • '""'tv,blacksburg.goo • phone 540/96 1. 11 26
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second and final notice of violation does not extend the thirty (30) day appeal period. [Zoning Ordinance
§ 1210(d)]
Civil Penalties
Continued violation after October 18, 2011 may result in civil penalties for the property owner and
residents in the amount of $200.00 for the first violation. A civil penalty ticket for this amount may be
sent to you on October 19, 2011. In addition, a civil penalty not to exceed $500.00 for each additional
violation thereafter arising from the same set of operative facts can be assessed. 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,
dti:ru'A'CP
Zoning Administrator
Planning and Building Department
Cc: Lisa Browning, Zoning Inspector
Anne McClung, Director, Planning and Building Department
Lawrence Spencer, Town Attorney
Ann Moore, Blacksburg Real Estate
Tenants, 207 Penn Street
Page 2 of 2
Attachment B
Bla.cksburg, Virginia., Code of Ordinances» • CODE» APPENDIX A· Ordinance No. 1137 BLACKSBURG ZONING
ORDINANCE» ARTICLE III .• DISTRICT STANDARDS» DIVISION 5 .• R·5 TRANSITIONAL RESIDENTIAL DISTRICT»
DIVISION 5 .• R·5 TRANSITIONAL RESIDENTIAL DISTRICT
Sec. 3050 - Purpose.
Sec. 3051 - Permitted uses.
Sec. 3052 - Site Development Regulations.
Sec. 3050 - Purpose.
The Transitional Residential District is to provide for a transitional land use between low density residential and higher
intensity land uses. This is a predominantly residential district with neighborhood character. Conditional uses which are sensitive to
and reinforce the residential neighborhood character are appropriate. These typically will involve the conversion or replication of
single-family houses. Properties along arterial and collector roads are particularly suited for such conditional uses. The livability or
small-town character of the Transitional Residential District is made up of tree lined streets, open space, and greenways
interspersed within a more urban residential pattern.
(Ord. No. 1513, § 1, 4-14-09)
Sec. 3051 - Permitted uses.
(a) The following uses are permitted by right in the R-5, Transitional Residential District:
Residential
Single-family, Detached
Two-family dwellings
Home occupations
Civic
Community Recreation
Open Space
Public Parks and Recreation
Utility Services, Minor
Miscellaneous
Accessory structures
(b) The following uses are allowed only by Conditional Use Permit in the R-5, Transitional Residential District:
Residential
Single-family, Attached
Townhouse
Multi-family
Civic
Administrative Services
Club
Cultural Services
Day Care Center
Educational Facilities, College/University
Educational Facilities, Primary/Secondary
Family Day Care Home
Home for Adults
Life Care Facility
Nursing Home
Post Office
Public Recreation Assembly
Religious Assembly
Safety Services
Shelter
Utility Services, Major
Commercial
Bed & Breakfast
Clinic
Neighborhood Convenience
Parking Facility
Personal Services
Studio, Fine Arts
Office
Financial Institution
General Office
Medical Office
Miscellaneous
Broadcasting or Communication Facility
(Ord. No. 1170, adopted 11-11-97; Ord. No. 1215, § 10, 5-11-99; Ord. No. 1339, § 28,9-9-03; Ord. No. 1350, § 1, 2-10-04; Ord. No. 1513, § 1,
4-14-09)
Sec. 3052 ~ Site Development Regulations.
(a) Minimum lot requirements:
(1) Lot area: Eight thousand five hundred (8,500) square feet, except that townhouses and two-family dwellings
constructed on an eight thousand five hundred (8,500) square foot or larger lot may be divided along the common wall
or walls.
(2) Lot frontage: Forty-five (45) feet, except that a subdivided, two-family dwelling constructed on a lot having forty-five (45)
feet or greater lot frontage may divide the lot frontage in half.
(b) Maximum density: Twenty (20) bedrooms per acre, except single-unit residential.
(c) Minimum setback requirements:
(1) Front yard: Thirty-five (35) feet (may be reduced to twenty-five (25) feet for use with parking in the rear or may be
reduced to twenty (20) feet for use in the historic overlay district).
(2) Side yard: Ten (10) feet, except on corner lots, a side yard facing the street shall be twenty (20) feet or more.
(3) Rear yard: Twenty-five (25) feet.
(d) Maximum height of structures, except church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles,
television antennae, and radio aerials are exempt: Thirty-five (35) feet; or forty-five (45) feet with an additional one (1) foot
setback per foot of additional height. Utility poles may have a maximum height of forty-five (45) feet.
(e) Maximum coverage:
(1) Lot coverage: Fifty-five (55) percent.
(2) Floor area ratio: 0.35 FAR.
(f) The maximum dwelling unit occupancy shall be a family, plus two (2) persons unrelated to the family; or no more than three
(3) unrelated persons.
(g) All utility lines, electric, telephone, cable television lines, etc., shall be placed underground.
(Ord. No. 1184, adopted 6-9-98; Ord. No. 1215, § 11, 5-11-99; Ord. No. 1369, § 3, 10-12-04)
ATIORNEYS AND COUNSELORS AT LAW
MARSHALL J. FRANK *
JOHN N. SPICER * *
STEPHANIE G. Cox ***
* OF COUNSEL
* * LICENSED IN VIRGINIA, TEXAS &. NEBRASKA
* * * LICENSED IN VIRGINIA &. KENTUCKY
HAND DELIVERY
504 SOUTH MAIN STREET
BLACKSBURG, VIRGINIA 24060
October 24,2011
Mr. Andrew Warren, CZA, AICP
Town of Blacks burg
300 South Main Street
Blacksburg, VA 24060
Re: 207 Penn Street, Blacksburg, Virginia
Our File No. G 11-3253
Dear Mr. Warren:
Attachment C
TEL. (540) 552-0007
FAX (540) 95 I -5 I 39
WWW.FRANKSPICERCOX.COM
Enclosed please find the Appeal on a Decision by the Zoning
Administrator on behalf of our client, Cheryl A. Boone. Also enclosed is our
check in the amount of $100.00 to cover the filing fee.
Should you have any questions or require anything further at this time,
please feel free to contact me. I r e ~ a i n ,
JNSjkl
Enclosures
Lisa Browning, Zoning Inspector
Very truly yours,
c:
c:
c:
c:
Anne McClung, Director, Planning and Building Department
Lawrence Spencer, Esquire, Town Attorney
Ms. Cheryl A. Boone
revised 7/07
For Office Use:
BZA.Case #:
Date:
Town of Blacksburg, Virginia
Appeal of a Decision by the Zoning Administrator
Please contact the Planning and Building Department at (540) 961-1114 for the application
This application and accompanying information must be submitted in full before the case may be referred to the Board
of Zoning Appeals for consideration.
Address: 12 Sugarvale Way
street
Lutherville
city
MD
state
21093
zip code
Home Phone: _ ..... (....;:4:....:1--=:°'--')'---4=..;9:::....3=---=.5..=8....::4'-"6'---___ Work Phone: __________ _
Fax # (if applicable): __________ E-mail Address (if applicable): _________ _
ContractPurchaserorAgent:. __ _________________
Address: 504 S. Main street
street
Blacksburg
city
VA
state
24060
zip code
Home Phone: ____________ Work Phone: __
Fax # (if applicable): ( 540) 951 - 51 39 E-mail Address (if applicable) :
john@frankspicercox.com
Location or Address of Property in Question:
207 Penn street, Blacksburg, Virginia, 24060
Tax Parcel Number(s) : 0011 79; 257 - A 1 24
APPEAL OF INTERPRETATION TO SECTION(S) __ 1u2:...... 1uO,,---wl d.&-L-) ____ of the Blacksburg Zoning
Ordinance.
What decision did the Administrator make of which you are aggrieved?
Violation of Zoning Ordinance (Case No . ZV 11 - 0038) relative to
Tax Parcel No. 257 - A124 located in R- 5 Residential District .
Zoning violation allegatoin of violation of Section 3052(f)
exceeding of maximum dwelling occupancy .
What decision do you beli eve should have been made and why?
Subject property i either exempt from compliL ;e as to. the
"grandfathering" provision of Zoning Ordinance and/or occupancy
is otherwise in compliance.
(Over)
5. The following items must accompany this application:
1. A copy of the section of the zoning map indicating the parcel(s) which would be affected by the decision of the
Board of Zoning Appeals and any other supporting documents.
2. A vicinity map (may be combined with the other map required).
3. A list of adjacent property owners including properties across the street and their addresses, and the cost for first
class postage for notifying each adjacent property owner. As of 2007, cost per notification is $0.41 but this
amount is subject to change.
4. A fee of $1 00 to be applied to the cost of advertiSing and expense incidental to reviewing, publishing, and
processing this application. Please make your check or money order payable to the Town of Blacksburg.
5. Any item submitted that is in excess of 11" x 17" paper size or in color requires thirty-six (36) copies.
Please sign here after you have read and completed this application. If you have any other questions please
contact the Town Planning and Building Department at (540) 961·1114.
10/24/2011
Date
Town of Blacksburg, VA -- Printable Map Page 1 of 1
Town of Blacksburg, VA
~ ~ ~ ~ ~ ~ - - ~ ~ - - ~ ~
~
ParcellD: 001179
Map Number: 257- A 124
Owner:
BOONE CHERYL A
12 SUGARVALE WAY
LUTHERVILLE fviD 21093
Parcel Address:
207 PENN ST SE
BLACKSBURG, VA 24060
Parcels
Subdivision:
Subdivision Lot:
Subdivision Block:
Deed Book: 2008
Deed Page: 012014
Plat Book I Page:
Acreage: 0
Legal Desc: PENN &
WASHINGTON ST
Legal Desc 2: LOT
Land Value: $59600
Building Value: $227300
Land Use Value: $0
Total Assessed Value: $286900
Sale Date: 17-NOV-08
Sale Price: $295000
Year Built: 1955
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed.
http://www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims2.webgis.netlblacksburg/printable.asp?process=id1 &x2=1 0926627. 15&y2=3... 10/17/2011
BlackslJurg
a special place
February 2, 2011
Cheryl A. Boone
12 Sugarvale Way
Lutherville, MD 21093
Attachment D

Certified Mail/First Class Mail
RE: Notice of Zoning Ordinance violation at 207 Penn Street, Blacksburg Virginia.
Dear Ms. Boone:
DEPARTMENT OF
PLAN:-<ING AND BUILDING
plannillgandb"ading@blacksbllrg.gou
This letter is to inform you that the residence at 207 Penn Street (tax map number 257- A124),
located in the R-5 Transitional Residential Zoning District, is in violation of Town of Blacksburg
Zoning Ordinance Section 3042, which limits occupancy.
Section 3052 (f): The maximum dwelling unit occupancy shall be a family plus two persons
unrelated to the family; or no more than three unrelated persons.
Background
On October 14, 2010, Lisa Browning, Zoning Inspector, sent a letter you inquiring about an
overoccupancy of the property at 207 Penn Street. The letter had stated the allowable
occupancy in the R-5, Transitional Residential zoning district and Ms Browning requested that
you contact her. You had written an e-mail back to Ms. Browning on October 19, 2010 stating
that the house can be separate units and that one unit had a Family (your daughter and cousin)
plus 2 unrelated persons and three unrelated persons in the other unit (please find attached).
Further, you stated that as of December there would be 3 unrelated individuals living upstairs
and 3 unrelated individuals living downstairs.
Since the receipt of this e-mail, Staff has done further research and has found that a second
unit was never established when the second floor addition was added in 1996. There is no
indicat ion in the Town's records that the second floor was constructed to make a two-family
dwelling nor is there any indication t hat a two-family dwelling was legally created since that
t ime. Therefore, 207 Penn Street is to be considered one unit and shall comply with t he
occupancy standard stated in §3052 (f). Currently, the number of unrelated residents is 6
persons exceeding the all owable occupancy by 3 unrelated individuals.
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, on or before February 18, 2011. To
insure that the occupancy of the dwelling has been reduced to t he allowable number of
tenants, you are asked to provide thi s office with a signed letter containing the following
information:
300 SOUTH STREET • POST OFFI CE BOX 90003 • BLACKSBURG, VIRGI NIA • 24062·9003 • "''''''' b/lIck,bllrg.gov • phone 540196 1· 11 26
February 2, 2011; ZV 11-001; 207 PelU1 Street
.. A copy of the lease agreement with the owner and all sub-lease agreements.
• Agreement to allow Town inspection of the property after February 18, 2011 to verify
compliance with Zoning Ordinance §3052 (f).
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 February 18, 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 offacts 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,
Ad-
~ Andrew Warren, CZA, AICP
//' Zoning Administrator
Planning and Building Department
Attachments
Cc: Lisa Browning, Zoning Inspector
Anne McClung, Director, Planning and Building Department
Lawrence Spencer, Town Attorney
Page 2 of2
Zoning Violation 11-0001
Chronological Events
Attachment E
8/30110 -- Complaint received regarding noise on weekends and overoccupancy in general at 207 Penn Street.
10/15/10 -- Lisa Browning contacted the owner with a letter of inquiry regarding overoccupancy.
10119/10 - Ms. Cheryl Boone, owner, sent an e-mail to Lisa Browning stating that the house has two units (one
upstairs and one downstairs) because a second floor had been added before she purchased the house. At that time,
she reported that a family (her daughter and a cousin) and two other individuals lived on one floor and separately,
three individuals lived on the other floor.
10/26110 -- Greg Dudash, Town of Blacksburg Property Maintenance Official performed a property maintenance
inspection and found the property to be in compliance with the required safety elements for all rental units within the
Town's Rental Inspection Program. He did note at that time that the property is functioning as two-units and referred
this issue to Zoning.
2/2/2011 - Based on Ms. Cheryl Boone's 10/19/10 e-mail, a zoning violation was sent for an occupancy violation
(ZV 11-0001). The Zoning Administrator concluded that based on Town records, the second floor constructed in
1996 was a second floor to the existing single-family dwelling and no other required improvements under the
existing building code did not constitute a second unit and did not convert the use to a two-family dwelling.
2/10/2011 - 2/1112011 - E-mails between Ann Moore, Blacksburg Real Estate (Property Manager) and Cathy Cook,
Town of Blacksburg Building Safety Official. Ms. Cook stated that 207 Penn Street is a single-family home and has
never been changed to a duplex. She further explained the required changes under the Virginia Uniform Statewide
Building Code that would have to happen in order to convert the single-family dwelling to a two-family dwelling.
Ms Moore replied that they would either go through the required changes under the building code or drop back to no
more than three unrelated individuals.
2117111 - Received an e-mail from Cheryl Boone authorizing Ann Moore to act on her behalf to handle matters
pertaining to 207 Penn Street, per their contract.
3/1111 - Received letter from Ann Moore stating that the property will be in full compliance with the allowable
occupancy standard by May 15,2011. Staff agreed to this date.
3/4/11 - The 30-day Appeal period ended for ZV 11-0001. The Applicants did not file an appeal.
5/18111 - Lisa Browning and Andrew Warren inspected the house with Ann Moore (Property Manager.) There
appeared to be personal belongings of two individuals in the house. One of the bedrooms was locked and Ms. Moore
did not have the key. She said she could have the key mailed to her. Prior to and after the inspection, staff requested
a copy of next year's lease and privacy issues were cited as the reason for providing the lease. It was explained that
the names could be blocked off so the individual names could not be read. She did not commit to providing a lease
at that time.
5/25/11 - Lisa Browning and Ms. Moore went back to the house and inspected the room on May 25 and confirmed it
was only one person's belongings in the room. At this time, the occupancy violation for 207 Penn Street was abated
and the violation case was closed.
Attachment F
Page 1 of 1
Lisa Browning
From: Cheryl Boone [cheryl.boone@gmail.com]
Sent: Tuesday, October 19,20109:05 PM
To: lisa Browning
Subject: Penn Street
Hi Lisa, I know we were playing pho\le tag a while back. I guess if! had had your email address, we
could have cleare&this up. I am away this week, so my daughter sent me the letter so we could get this
cleared up.
When I bought 207 Penn Street, the listing said that it 11 had many possibilities, zoned R-5 zoning allows
some commercial uses
l1
• When I looked at Blacksburg zoning code it said R-5 was single family, 2
family dwelling and home occupations. The house had been a rancher and a second floor was added on
in duplication of the first before I bought it. The house can be separate units. My daughter is living there
with a cousin and two other girls, then there are three in the other unit. As of Dec there will be three and
three.
As far as the parking. I am not sure you are getting adequate information from someone. Three sides of
the property have stone walls, which makes parking on the grass very hard. The only grass area is on
the side with no driveway access. They would have to drive over the neighbors property. The girls say
they are parking correctly and the double wide driveway can fit 5 or more cars not counting the two car
garage. At least one tenant doesn't even have a car. If it is visitors to the rental houses in that area, I am
not sure how anyone can say it is the tenants in my property unless they are watching to see where the
cars are parking. That whole area is rental units. (penn and Washington Streets) If there were tag
numbers given, it can be something to go on.
Hope this clears up the misunderstanding,
Cheryl Boone
10/20/2010
Director of Syndication
Maverick Commercial Investments, LLC
Building Wealth Through Partnerships
410-493-5846
www.Learn2EarnHigherROI.com
Listing Summary
Attachment G
----------------------------------------
207 Penn St, Blacksburg, VA 24060 Closed Listing #96437
$319,000 (LP)
$295,000 (SP)
Beds: 5 Baths: 4 (2 2) (FH) Sq Ft: 3300 Lot Sz: 0.260ac
Area: Bbrg Yr: 1955
SP % LP: 92.48
Remarks
rhis Property Has Many Possibilities - R-5 Zoning Allows
;ome Occupation W/Special Use Permit - Sonie
Uses. Hdwd Floors, 2nd Story Addition
In 1996, Gas Hw Heat On Main Level, Heatpump
Jpstairs, Lg. Rooms, Great Space, Corner Lot, 2car
)etached Garage. Seller Will Provide 1yr. Home Warranty
;or Buyer.
.gent
Iffice
.rea
ubdivision
ounty/City
eds
ear Built
Louise Baker !Bil Primary:540-320-0382
Long & Foster-Christiansburg Phone: 540-382-5270, FAX: 540-382-2509
Blacksburg
None-Bbg
Montgomery
5 Baths (FH)
1955
ear Built Source Seller
chool District Blacksburg (Elementary: Harding Av; Middle: Blacksburg; High: Blacksburg)
4 (2 2)
irections to Property S. Main To R On Washington St., 2 Blocks To Corner On Washington SI. & Penn SI. Behind Backstreets Eatery.
Iwner/Agent No
imited Service No
xclusions No
eller Disclosure Yes
letached Story
lodular
.px Month Heat Cost
Room
laster on Main
iarage/Carport
.px Main Sqft
px Lower Sqft Fin
.px Upper Sqft
px 8smnt Sqft Fin
8smt Unfin
axes
ax Year
ent Per Month
Yes
2 or More Story
No
o
10
No
Double Detached
1650
o
1650
o
o
$2357.00
2007
$0.00
Co.ntract Information
Genera! Propertl Description
Location, Tax & Legal
HOA Annual Dues
Full Bath on Main
Half Bath on Main
Bedrooms- Main
Bedrooms- Upper
Full Bath- Main
Full Bath- Upper
Half Bath- Main
Half Bath· Upper
Porch Dim/Descrip
Garage Dim/Descrip
Exterior Finish
Roof
Basement
Flooring
Heating
Air Conditioning
Water Heater
Water
Sewer
Attic
Land Description
Appearance
Fireplace
Appliances
Interior Features
Exterior Features
Miscellaneous
Living Room
Kitchen
Master Bedroom
Bedroom 2
Bedroom 3
Bedroom 4
Den
Other Room 1
$0.00
Yes
Yes
#3
#2
#1
#1
#1
#1
Side And Back
2-car Detached
Vinyl, Brick
Shingle
Crawl Space
Vinyl, Hardwood, Carpet
Property Information
Other- See Remarks, Baseboard-Hot Water, Heat pump, Gas-Natural
Heat Pump
Electric
Public Water
Public System
Pull Down Stairs
Corner
Good, Custom Features
Masonry, Living Room
Washer Hookup, Range/Electric, Refrigerator, Dishwasher, Dryer Hookup-Elec
Walls-Drywall, Walk-in Closet(s), Laundry on Main
Storm Windows, Storm Doors, Porch, Insulated Glass, Blacktop Driveway
Warranty Program
Room Information
14.00x20.60 Level: Main (Fp/Hdwd Floors)
12.60x13.60 Level: Main (Vinyl)
12.60x14.00 Level: Upper (Carpet)
10.00x12.60 Level: Main (Hdwd)
12.00x13.00 Level: Main (Hdwd)
11.60x13.00 Level: Main (Hdwd)
14.60x21.00 Level: Upper (Carpet)
13.00x18.60 Level: Upper (Rec Room, Carpet)
Home I Agents/Offices I Reload Page
All information herei!'1 has not been verified :I(1tj is I"Iot guaranteed
Residential - Blacksburg
MLS#: 87082 KO: No 207 Penn St. BLACKSBURG, VA 24060
Status Active Subdivision
Style/Strc/Home Two Story or More Bds
# Rooms 11 Bths
Apx Yr Bit 1960 HB
Source Yr Bit Public Record Garage/Carport
Elementary School Harding Av Middle School
High School Blacksburg County or City
Zoning TaxlD
Taxes $ 2,074 Tax Year
Lot Size ApxAcr
Res Type Detached
Price: $ 309,000
Other
5
2
2
Double Detached
Blacksburg
Montgomery
257-A 124
2006
0.25
Directions: South on S. Main Street to Washington Street (Left at Backstreets Restaurant). Property on corner of Penn & Washington Streets.
Master on Main e
Apx Fin SqFt 3266
Apx Month Heat Cost .
Property Mgmt Co
Legal : Penn & Washington Street
Apx Bsmnt SqFt Fin 0
Apx Main SqFt 1633
Deed BklPg Instrumnt 899 - 696
Rent per Month
Apx Bsmt SqFt Unfin
Apx Upper SqFt
Duplicate Listing
Lease Expire Date
1633
Yes
Remarks: Freshly painted. Refnshd HW firs. Custom woodwork. Mstr Bdrm Ste w/add'i dressing rm. Built-in fish tanks can be removed/wall replaced.
Hokiestone FP in LR. Heat pump 2nd fir only.
Agent Remarks: Selling Agent Bonus: $2000! Home professionally appraised @ $394,000. Great downtown location. Home Warranty inc!. Workshop in garage
w/electric. Zoning R-5. Dup. List MLS# C87091.
Garage/Carport Garage Dim/Descrip: 24 x Room/Level:
Info: 24
Exterior Finish: Brick; Vinyl Appliances:
Roofing: Shingle Interior Features:
Appearance: Very Good
Fireplace: Living Room Exterior Features:
Basement: Crawl Space; None
Flooring: Carpet; Vinyl; Hardwood;
Land Description:
Tile Miscellaneous:
Heating: Baseboard-Hot Water; Lockbox Location:
Heat Pump Showing
Air Conditioning: Central Electric Instructions:
Water Heater: Electric Possession:
Water: Public Water Financing:
Sewer: Public System Old Fields:
Attic: Pull Down Stairs
Room Name Room Level Remarks Dimensions
Living Room Main 20 x 14
Kitchen Main 13.6x12.6
Dining Room Main 12.6 x 10.6
Family Room Upper 21 x 14.6
Laundry Main 6 x 10
List Date 7/28/2006 Expire Date
Original List Price $ 309,000 KO
Bedrooms/Main: 3; Bedrooms/Upper: 1; Baths-Main: 1; Baths-Upper: 1; Half Baths-Main:
1; Half Baths-Upper: 1
Range/Electric; Dishwasher; Disposal; Dryer Hookup-Elec; Washer Hookup
CeramicTile Bath(s); Extra Storage; Paddle Fan(s); Pantry; Walls-Drywall; Walls-Plaster;
Many Built-ins; Custom Cabinets
Storm Doors; Storm Windows; Screened Porch; Insulated Glass; Street Lights; Cable
Available
Corner
Warranty Program; Breakers; NearPublic Transport; Underground Utilitiy
Front Door
Vacant; Sign; NRV Lockbox
At Closing
None
Old Acres: 0.25; Old Taxes: 2074
Room Name
Master Bedroom
Bedroom 2
Bedroom 3
Bedroom 4
Other Room
1/28/2007
No
Room Level Remarks Dimensions
Upper 14 x 12.6
Main 13 x 12
Main 13 x 11 .6
Main 12.6 x 10
Upper 18.6 x 13
DaM 144
Kickout Hours 0
Status Change Date 7/28/2006 Listing Type Excl usive Right to Sell Sell er Disclaimer Yes
Seller Disclosure No Coop % Buyer Agent 2.5 Coop % Sub Agent
Owner Name Lawrence Britt Lockbox # 105222
LA: Nicole Harless (540) 250-5887 nicole.harless@prudenti alradfordrealtors
La: Prudential Radford & Associate
Information is deemed to be reliable, but is not guaranteed. See copyright notice.
Prepared by Janet Parrish on Tuesday, December 19, 2006 11 :33 AM
The information on this sheet has been made avail able by the MLS and may not be the listing of the provider.
2.5
lacksourg
a special place
August 26, 2011
Cheryl A. Boone
12 Sugarvale Way
Lutherville, MD 21093
Attachment H
Certified Mail/First Class Mail/E-mail
DEPARTMENT OF
PLANNING A}..T[) BUILDING
planningandhuilding@blacbburg.gov
RE: Inquiry of a possible Zoning Ordinance violation at 207 Penn Street, Blacksburg Virginia.
Section 3052 (f): The maximum dwelling unit occupancy shall be a family plus two
persons unrelated to the family; or no more than three unrelated persons.
Dear Ms. Boone:
As the fall semester of Virginia Tech has started, Town staff has been routinely driving through
the Town's neighborhoods to investigate concerns about over-occupancy issues, as well as
continuing to educate students, landowners, property managers and the like about the
occupancy laws. While driving by 207 Penn Street, staff has noticed that five cars have been on
the premises consistently since Sunday, August 21, 2011. This indicates more than 3 occupants
in the house, which would constitute a zoning violation. At this time, I am requesting that you
or your property manager contact me to set up an inspection of the house and provide me with
a copy of the lease to demonstrate compliance with the Zoning Ordinance. We appreciated
your willingness to work with us in May to provide an inspection to remedy the over-occupancy
zoning violation at that time, and we look forward to working with you again to clarify this new
suspected over-occupancy zoning violation.
Please contact me by September 1 to set-up a time for an inspection. 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,
/71J
/£ II

/ / Andrew Warren, CZA, AICP
[/ Zoning Administrator
Planning and Building Department
Cc: Ann Moore, Blacksburg Real Estate
Lisa Browning, Zoning Inspector
Anne McClung, Director, Planning
Lawrence Spencer, Town Attorney
Building Department
300 SOUTH MAIN STREET • POST OFFICE BOX 90003 • BLACKSBURG, VIRGINIA • 24062.9003 • wU'w.blacksb!lrg.gov ' />1lOne 540/961.1126
Blacksffirrg
a special place
September 9, 2011
Cheryl A. Boone
12 Sugarvale Way
Lutherville, MD 21093
Attachment I
Certified Mail/First Class Mail/E-mail
DEPARTMENT OF
PLANNING AND BUILDING
pJalUtingandbllilding@blacksburg.gov
RE: Follow-up on Inquiry of a possible Zoning Ordinance violation at 207 Penn Street,
Blacksburg, Virginia. Section 3052 (f): The maximum dwelling unit occupancy shall be a
family plus two persons unrelated to the family; or no more than three unrelated
persons.
Dear Ms. Boone:
As I have not been contacted by you or Ann Moore yet following-up with my August 25, 2011
letter, please contact me to set up an inspection of the house and provide me with a copy of
the lease to demonstrate compliance with the Zoning Ordinance. As mentioned before, we
appreciated your willingness to work with us in May to provide an inspection to remedy the
over-occupancy zoning violation at that time, and we look forward to working with you again to
clarify this new suspected over-occupancy zoning violation.
Please contact me, or have Ann Moore contact me, by September 15 to ~ e t - u p a time for an
inspection. You may reach me by telephone at (540) 961·'1:184 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,
Andrew Warren, CZA, AICP
Zoning Administrator
Planning and Building Department
Cc: Ann Moore, Blacksburg Real Estate
lisa Browning} Zoning Inspector
Anne McClung, Director, Planning and Building Department
Lawrence Spencer, Town Attorney
300 SOUTH MAIN STREET ' POST OFFICE BOX 90003 • BLACKSBURG, VIRGiNIA • 24062·9003 • wU'!U.blacksbl!rg.gDv • phone 540/961.1126
Andrew Warren
From:
Sent:
To:
Cc:
Subject:
Ann,
Andrew Warren
Thursday, September 22,2011 10:49 AM
'ann'; 'cheryl.boone@
Anne McClung; Lisa Browning
RE: 207 Penn Street
Attachment J
Thanks for getting back to me. I hope your recovery is going well. Please let me know as soon
as you can organize a walk-through. I have availability tomorrow (Friday) and early next
week.
Regards,
Andrew
-----Original Message-----
From: ann [mailto:ann@oannmoore.com]
Sent: Tuesday, September 20, 2011 3:18 PM
To: Andrew Warrenj 'cheryl.boone@
Cc: Anne McClungj Lisa Browning
Subject: Re: 207 Penn Street
Andrew,
I am just back in the office after eye surgery. I will make an apoointment for us to see the
house together again.
Regards,
Ann Moore
-----Original message-----
From: Andrew Warren awarren@blacksburg.gov
Date: Fri, 09 Sep 2011 13:44:04 -0700
To: "'cheryl.boone@gmail.com'" cheryl.boone@gmail.com, 'ann'ann@oannmoore.com
Subject: 207 Penn street
> Dear Ms. Boone:
> Please find a follow up letter to my August 25 letter regarding the suspected over
occupancy at 207 Penn Street.
> Thank you for your attention to this matter.
> Sincerely,
> Andrew Warren
> Zoning Administrator
>
>
Ann Moore, Broker/Owner
Blacksburg Real Estate, Inc.
401 South Main Street #102
Blacksburg, Va 24868
540-552-0424 (0)
540-552-1724 (f)
540-998-1198 (c)
1
Attachment K
NO:B-96-000162 Status: 5 Acctll: : 11/12110
JOB ADDRESS: HUlllber Street :IPenn Street 1 zip:124060 By:II1ElI10RE 1
Zone: __ 0 CZ? lilloI': __ PrpDesc: L-__________ --l
OWlIER:Britt, laurence
Subdu:
410 K Harding Auenue IBlacksburg, UA 124060 1540-961-4202
lESSE: ___________________ .-__________
_________ __
State licll: CIa: IWcpl Hallle: licll:
AREHD: ___________ __
HLIEH: __________
Total:

Fw: Returned mail: Domain n .0und
To : I±l
CC : AWaJTIill@balcksburg.,gQIL 1+1
Subject: Fw: RE: 207 Penn Street
-----Original message-----
From: ann ann@oannmoore.com
Date: Fri, 11 Feb 201112:02:14 -0800
To: "Cathy Cook" CCook@blacksburg.gov
Subject: RE: 207 Penn Street
Cathy and Andrew,
Attachment L
Thank you for the information, we wi!! move forward to achieve compliance or drop back to no
more than three unrelated residents, I wi" let you know the outcome when I further this
research. I also have to check with Fair Housing in Richmond to ensure Blacksburg's mandates
and penalties are a"owable with regard to familial status. I will contact the police department
for any violations stemming from 207 Penn.
I need a copy of the complaint you received and why this home was investigated. We went
through this same run around with Clay Court, every time some dingbat complained about the
building being structurally sound, Steve had to produce the same documents over and over to
the Town. While I agree that we need a balance between progress and history I cannot for the
life of me understand why we waste resources on this nonsense. It makes about as much sense
as a "historic car dealership", never heard of one of those before coming to Blacksburg.
Andrew I know your job is zoning and Cathy you are the code enforcer so I am not trying to
shoot the messenger here just venting. I will speak with Cheryl about the appeals process which
I am going to recommend. We need time to adjust, Cheryl responded to your request in October,
to wait until February 2nd and levy fines in 16 days is unfair, it took the Town four months to
respond to the Owner.
Regards,
Ann Moore
-----Original message-----
From: Cathy Cook CCook@blacksburg.gov
Date: Thu, 10 Feb 2011 13:57:24 -0800
To: Andrew Warren awarren@blacksburg.gov, 'ann' ann@oannmoore.com
Subject: RE: 207 Penn Street
> Hi Ann:
>
> I also wanted to follow-up on our telephone conversation today 2/10/11.
>
> 207 Penn St - is a single family home and has never been changed to a duplex. The addition
of the second story was submitted and approved as a second story to a single family home. In
the Virginia Uniform Statewide Building Code the requirements for a duplex are different than a
single family home
> In order to change the use to a duplex per the code a set of plans sealed and signed by a
licensed Architect/Engineer would need to be submitted for review and approval showing how the
single family home would be altered to meet the requirements for a duplex in accordance with
the current edition of the Virginia Uniform Statewide Building Code.
>
> One of the requirements - there are other requirements.
>
Fw: Returned mail: Domair ')t found
> Section R317 - Dwelling Unit Separation states that a one-hour rated fire resistance floor
assembly meeting ASTM E-119 is required along with being constructed tight against the exterior
wall. Only exception to this is 1/2 hour required if a sprinkler system is installed.
>
> In addition, when floor assemblies are required to be fire resistive (in this case it is required)
the supporting structures shall also have equal or greater fire resistive rating.
>
> Please let me know if you should have any questions, I will be happy to answer.
>
> Have a good day, Cathy
>
> Cathy Cook
> Building Safety Official
> Town of Blacksburg, Va.
> VBCOA Sgt-at-Arms
> t 540-558-0711
> f 540-951-0672
> ccook@blacksburg.gov
>
>
>
>
> -----Original Message-----
> From: Andrew Warren
> Sent: Thursday, February 10,2011 2:48 PM
> To: 'ann'
> Cc: Cathy Cook; 'cheryl.boone@; Lisa Browning; Anne McClung
--104512758020 1102111212575933@mail-l.diversesolutions.com--
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