County Planning Commission: Property Rights vs. Community Opposition

The Warren County Planning Commission, at its regular Monthly Meeting on August 11, again faced a contest between a property owner’s rights and determined opposition by neighboring property owners. This theme is increasingly being played out as the county code requires that some uses of property are subject to Conditional Use Permits, which require a public hearing prior to being granted.

Chairman Robert Myers opened the meeting and once the agenda and minutes were approved, asked for public presentations on any planning-related issues, not on the agenda. There being none, he proceeded to the Public Hearing portion of the meeting.

While Planner Matt Wendling explains the private-use camping restrictions to a crowd hostile to the applicant, could new Zoning Officer Chase Lenz be wondering what he has gotten himself into?

Bruce and Betty Parady have requested a Conditional Use Permit for their property on T-Bird Drive for private use camping. Deputy Planning Director Matt Wendling explained the background of the request, that the homeowners had purchased the property with the intent of providing a family gathering place and was seeking a permit to allow the use of RVs on the site for their activities.

The property is zoned Agricultural and is in the Fork Magisterial District. The planning department conducted a site visit and found the property to be neatly maintained and in good order.

Chairman Myers then opened the public hearing and found a larger-than-usual audience of citizens had their sights trained on this application. Ten people spoke in opposition to the request, citing property owner restrictive covenants, heavy traffic, noise, trash, potential reductions in property values, and loss of privacy.

On the other hand, Betty Wallregan, the nearest neighbor to the property, spoke in support of the proposed permit, citing the applicants as exceptionally good neighbors.

Common to virtually every organized opposition to a proposed use of any rural property, most speakers decried the loss of the rural character of their subdivision, having moved years ago to get away from the noise and congestion and traffic. The consensus was, “These outsiders want to come in and disrupt what we love!” Several e-mails read by the planning staff echoed the same sentiment.

Once all the speakers had stated their opinions, Chairman Myers asked if the applicants wished to speak in rebuttal. Both the applicants spoke at length of their bewilderment at the charges being leveled at them, given that their intention was only to have a place to get away and enjoy their children and grandchildren. They understood the restrictions that the county ordinances would place on their permit, and said they were entirely willing to comply.

Once the commission had an opportunity to draw its collective breath, Vice Chairman Henry observed that, as a strong property rights advocate, he hated to restrict an owner’s use of his or her own property, but it did seem that in a residential subdivision, a campsite did seem to be out of character. There was also some confusion about whether tents and recreational vehicles were equivalent units when determining how many units would be allowable under county codes. The request was for up to 5 campers to be on site for not more than 180 consecutive days, and they could not be used as full-time residences.

In the end, the commission voted 4-1 to recommend denial of the permit. Commissioner Joe Longo was the lone dissenting voice. The commission’s recommendation will now go to the County Supervisors for final action.

Hilda Keister is applying for a conditional use permit for a short-term tourist rental on her property at 7610 Strasburg Rd in the Shenandoah Magisterial District. This agriculturally-zoned property was part of the Signal Knob Retreat Center and previously saw use by church groups in that capacity. A short-term tourist rental will allow the owners to augment their full-time working farm instead of renting the property out to an organization.

Commissioner Kersjes asked about the distinction between a facility of this size and a hotel. This property as a retreat center was more of a dormitory-like setting, and the applicants are specifically limiting the capacity to 10 persons under the supplemental health department regulations. The planning department identified the conditions necessary for approval, and the commission unanimously recommended it.

Planning Director Joe Petty describes the management plan for a new permit for a short-term tourist rental.

2 Mexico, LLC and B. Allen Richards, LLC, requested a Conditional Use Permit for their Residentially zoned (R-1) property at 1115 Riverview Shores Drive in the Shenandoah Magisterial District.

Planning Director Joe Petty briefed the commissioners on the proposal and included some neighborhood commentary that had been provided to the planning department without any specific details beyond general ill-feeling about increasing Air B&B type activity. The applicants are experienced short-term tourist rental hosts and provided a lot of detail about their plans. There were no speakers at the meeting in opposition. Chairman Myers again reiterated his oft-stated reminder that a Bed & Breakfast, according to the Virginia General Assembly, is not considered a commercial activity. The commissioners voted unanimously to recommend approval of the permit.

Rachelle Hill and Don Beavers are requesting a conditional use permit for their residentially-zoned (R-1) property at 185 Rocky Spring Lane in the Shenandoah Magisterial District. There were no public speakers during this public hearing. Vice-Chairman Henry stated that the increasing number of Air B&B properties is in reality a good thing – that properties are better maintained, and road traffic is generally reduced compared to fully occupied rental properties. The Commission unanimously voted to recommend approval.

George and Michele Kopcsak have applied for a Conditional Use Permit for their property at 3609 Buck Mountain Road in the South River Magisterial District. The property is zoned Agricultural.

The applicants have rebuilt their historic house after a disastrous fire and now seek to use a studio-style structure built as temporary quarters for them while the house was being rebuilt as a short-term tourist rental. There were no opposing speakers for this hearing. The commission voted unanimously to recommend approval.

Finally, Jessie and Damian McClain have applied for a Conditional Use Permit for a short-term tourist rental for their property at 894 Blue Mountain Road in the Shenandoah Magisterial District. The property is zoned Agricultural. During the public hearing, two speakers addressed the commission to oppose the permit, one person supported it, and two letters in support had been received by the planning department.

The strong opposition from Mr. Fred Schwartz was based on his assertion that he had experienced significant large-caliber shooting activities from the property and was sincerely concerned about safety. The supporting speaker strenuously refuted the firearms allegations and indicated that the shooting noise had in fact come from activities further up the mountain, over the next ridge, and the rock formations in the area tended to echo and magnify them. The applicants addressed the commission and assured them that there had been no such activities on their property.
Vice-Chairman Henry then asked the applicants if they would agree to amend their request to include language to prohibit the discharge of firearms by guests. They readily agreed and the commission then voted to recommend approval of the permit with the revised language.

Homeowners Jessie and Damian McClain address the planning commission regarding their application for a Conditional Use Permit for a short-term tourist rental.

Planning Director Petty introduced the newest member of the Planning staff, Zoning officer Chase Lenz. Mr. Lenz has a deep knowledge of the area already, having grown up in Warren County.

The Chairman welcomed the new staff member, and the meeting was then adjourned.