Friday, July 6, 2012

RE: Agenda item: FOIA : BZA Hearing outcomes in York County

Folks, perhaps a workable and reasonable solution, for now, would be for the Board of Supervisors, before providing the list of suggested appointees to the judge, to publish this list for public review for at least 60 days and receive commentary by the citizens via a minimum of at least two public hearings. However, this begs the question in my mind as to why an unelected judge is involved in this in the first place. To whom is this politically appointed judge accountable? A judge’s job is to interpret and enforce the law, and not oversee and/or approve those who enforce public policy.


Someone please explain this to me.


It seems to me that the recommendations for appointees to this board should emanate from a variety of sources, including the citizen public. The decision should be made by the board of supervisors, and not a judge. Before the BoS makes their decision, they should be required to hold at least two public hearings for citizen input and commentary. The list of appointees should be made available to the public for at least 60 days. If it already is, and I don’t know that, then forgive my ignorance. I haven’t been following this. The citizens should play a much stronger role in who serves on this board which directly, and in some cases dramatically, impacts the quality of their lives and the usefulness of their property.


This is where the local members of the General Assembly must come in and start  paying attention to this. State law must be amended to effect the appropriate changes in the process. This is their job and what we elected them to do. And they do, in fact, answer to us!


Mike Prunty


From: Robert Kraus []
Sent: Friday, July 06, 2012 12:49 PM
Subject: Re: Agenda item: FOIA : BZA Hearing outcomes in York County


The same process is used for the Board of Equalization and there is no question that the BoE is far from objective. Perhaps an appeal should be made to our new Judge so that he will not just rubber-stamp the county's recommendations for appointments that he makes.

On Fri, Jul 6, 2012 at 5:13 AM, <> wrote:

Tommy, Brenda, Mike, & Gordon,

We need your help!!

We need a fair and objective Board of Zoning Appeals in York County.

For more then 10 years the BZA HAS NOT SIDED WITH A SINGLE CITIZEN on a single issue !!!!

What should be done about this?

The process is that the Bd of Supervisors(or County Administrator)  gives a list or hand selected people to the Circuit Court Judge and normally the people on the list are put on the BZA.... and then they side with the County Zoning staff, and not citizens.

This is a significant property rights issue that needs to be addressed. When citizens know that they are wasting their time "fighting city hall", it is not a good situation. We should be encouraged to stand up for what we believe our rights to be and have a fair hearing to prove it.



Fellow citizens,

Feel free to reply on this issue to our Senator & our Delegates. They are all good people that care about your property rights. They are also in a position in Richmond that they can change this "selection process" that ensures that the York County officials get people on the BZA that will side with them.

This is especially important now that York County passed the China Provision in Nov 2011 and added it to the Zoning Ordinance that determines what you can & cannot do on your private property.

Here it is, in case you missed it:


The China zoning provision:

In the event a particular use is not listed in this chapter(the chapter that lists activities you can or cannot do on your land) as a permitted use, a specially permitted use, or an administratively permitted use, and such use is not listed in section 24.1-307 as a prohibited use and is not prohibited by law, then such use shall not be permitted unless the zoning administrator shall determine whether a materially similar use exists in this chapter.

It is very clear....

If you want to do something on your property, that is not currently written in the Zoning Ordinance, & the Zoning Administrator(Zoning Czar) does not find a similar use in the Zoning Ordinance, then YOU CANNOT DO IT !!!

How else can this be interpreted?

I have attached the list of changes made in Nov 2011 if needed.

Look where else this provision is popular......

The Soviet Union’s Continuing Influence on America
by James Bovard, Posted October 20, 2011

The reigning principle of legislation in the Soviet Union was “Everything is prohibited which is not specifically permitted.”

If you want to read the entire article:




Sent: 7/5/2012 9:28:47 A.M. Eastern Daylight Time
Subj: RE: follow-up on your research about BZA Hearing outcomes in York County


You are correct - all appeals, other than the one you mention below, have upheld the county's decision.

- Christie

Christie P. Powell

Public Information Officer

York County, Virginia

work: 757-890-3300

cell: 757-272-3641


Thank you for your research.

Can you confirm that the BZA has not sided with a single citizen in over 10 years on a BZA Appeal?

You don't have to mention the one time that they sided with me on the helicopter issue and then sided with the County at the very next meeting thereby creating the desired result of the County to disallow helicopter landings in any area that is zoned any form of residential.



Greg Garrett
offices in Hpt Rds from Chesapeake to Williamsburg
Licensed in Virginia
cell # 757-879-1504

Please let me know who needs to buy or sell a house

Help Orphans NOW!
(click here)


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