 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
County of Fairfax v. Southern Iron Works Inc.11/8/1991
endations were intended to be adopted by the Board, as there were several different
documents referencing the Commission recommendations before the Board at the time the ZOA was adopted. However, as we stated above, these versions were not inconsistent, and the intent of the Board was clear. Thus, we find that the staff was merely required to transfer information from one document to another and that no substantive changes were required.
Second, the appellees contend that the staff made a substantive deletion from Attachment 3 of the Motions Package in failing to include districts I-1 and I-2 in section 9-515 of ZO-89-185. However, the record before us contains uncontradicted testimony from the Zoning Administrator that the staff inadvertently left these sections out of ZO-89-185. Further, the record does not show that the trial court made a factual finding to the contrary. Therefore, we find no basis in the record to support a conclusion that this omission by the staff constituted an unlawful exercise of legislative authority.
Third, appellees point out that the staff failed to include use number 17 (office use) in section 9-502 in the Motions Package, but included this use in section 9-502 in ZO-89-185. However, Attachment 2 to the Board Package, which was incorporated by reference by Motion II, does include use 17 in section 9-502. The Zoning Administrator's testimony, which was uncontradicted, indicated that the Motions Package was only intended to show additional changes to the Planning Commission recommendation, and was not intended to be inclusive of all Board recommendations. Her testimony further established that when the staff prepared ZO-89-185, they incorporated use 17 from the Planning Commission recommendations into the ZO-89-185. Therefore, given our holding that the Planning Commission recommendations were validly incorporated by reference, we find no basis in the record to support a conclusion that this was a substantive change, rather than simply the incorporation of the Planning Commission recommendations into ZO-89-185.
Finally, the appellees contend that the staff improperly inserted the effective date of ZO-89-185 on its own initiative. The Motions Package was silent as to the effective date of the ZOA. Section 18.210 of the Zoning Ordinance provides that an amendment to the Zoning Ordinance "shall become effective on the date of Board approval." The trial court received testimony that when a motion passed by the Board fails to state an effective date, the
common practice of the staff is to insert an effective date of 12:01 a.m. the day following adoption.
We agree with the appellees that the Motions Package does not show that the Board adopted December 12, 1989 as the effective date of the ZOA. However, none of the complainants here have alleged that they were directly affected by the effective date being December 12, 1989 rather than December 11, 1989. Thus, we find that they are not entitled to seek equitable relief on this basis. See Cupp v. Board of Supervisors, 227 Va. 580, 589-90, 318 S.E.2d 407, 411-12 (1984); Mayor & Council of City of Athens v. Mu Beta of Chi Omega House Corp., 219 Ga. 423, 425-26, 133 S.E.2d 888, 889-90 (1963).
Therefore, because we find that the staff did not make any substantive changes to the Board-enacted ZOA, we hold that the trial court erred in finding that the Board unlawfully delegated legislative power to the staff. The Board is expressly authorized under Code § 15.1-37.3 to direct its staff to compile a supple
Page 1 2 3 4 5 6 7 8 9 10 Virginia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|