If Occupancy violations impact your quality of life and you would like to network with others focused on solutions, please consider joining the conversation in this group - Over Occupancy in Blacksburg Neighborhoods

Video  of this hearing will be posted here once recorded and processed.

BZA Dec 14 2011 Packet

The Town staff has cited property owner and the residents of 304 Virginia St for over occupancy.

The notice of violation letter indicates that there was a violation of Blacksburg zoning ordinance Sec. 3042 (e) Which says "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".

The aerial photo shows 3 houses on the property. The structure that is the focus of BZA appeal 0004 is the larger u-shaped building in the center of the blue outlined area.

Interestingly, the property owners's attorney, Mr. G. Bradley McConnell, claims in the Jan 11 2012 appeal that occupancy of the property in question is not restricted to 3 unrelated individuals because:

• "The property owner has continuously used the property for 4-5 tenants since 1984. The enforcement of a zoning ordinance that was not of record when the property was acquired constitutes an unlawful taking."
• "Additionally, other parties have been granted variances and a denial of the owners's request constitutes a denial of Equal protection."

These documents are available here- 302 Virginia St Docs. I will be updating these pages as more documentation becomes available.

A finding by the BZA will require some interesting question because of the premise of the claim.

Presumably, We'll get to find out:

• What was the previous zoning and did it allow 4-5 tenants?
• If the property owner can produce leases with 4 or more people on them going back to when the zoning law was implemented. If he cannot,
• ,We'll learn about what the BZA can or will accept as evidence of the the owner's claim
• Hopefully, We'll get a determination of whether over occupying a property is "grandfather-able" of find out if there is already a precedent.
• Since the appeal is founded on the premise that he is knowingly over occupying the Virginia St address and entitled to continue doing it. It begs the question " Are you claiming this exemption for and over occupying your other properties? And How will the zoning enforcement staff move forward with this information at the owners's other rental properties?
• How the legacy of "Grandfathering" is transferred and what are the limits? Whether the status would transfer from one lease to the next, or if it ended with the last clearly exempted tenant graduated and ceased to occupy the property or when the first lease after May 11 1999 came into effect or something else?

Of course things could go in unanticipated directions and we may not learn any of this.

I'd like to learn what properties he would site to explain his claim that "other parties have been granted variances." And if the owner is believes that he is entitled to this "grandfathering" exemption at 304 Virginia St, would it not be prudent to ask and or investigate whether he is exercising the concept and Over occupying the other rental properties that he lets out in Blacksburg? The town GIS* system reports that he owns nine. I've excluded his residence.

According to the webGIS*, They are:

• 304 GILES RD sale date - 01-JAN-75
• 308 GILES RD - sale date 01-JAN-83
• 107 CAMELOT CT - sale date 01-JAN-77
• 209 OWENS ST - sale date - 01-JAN-94
• 406 PROGRESS ST NE sale date - 01-JAN-94
• 713 LEE ST - sale date - 01-JAN-83
• 1305 PALMER DR sale date - 01-DEC-08
• 1100 SCOTT ALLEN CR 18-AUG-08

According to Mr. the owners's attorney the beginning date for enforceability of the occupancy code is May 11 1999. If the BZA accepts this logic, the only two properties that the ordinance would apply to would be the owners Palmer DR and Scott Allen properties. It will be nice to have a prescient determined, if it is not already.

* GIS DISCLAIMER: The information obtained from the GIS is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the Town of Blacksburg Geographic Information Systems Office. In no event will the Town of Blacksburg be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains.

If Occupancy violations impact your quality of life and you would like to network with others focused on solutions, please consider joining the conversation in this group - Over Occupancy in Blacksburg Neighborhoods