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Woodbridge property owner sues county over rezoning ruling

Posted: March 2, 2014 - 12:04am

An Evans property owner has filed a lawsuit against the county seeking to reverse a ruling that rejected his request for access through Woodbridge Drive to tracks he wanted to rezone and develop.

Woodbridge resident Horstas Uzpurvis submitted an application for rezoning in October for just over 10 acres owned by his company, Petersburg Properties Inc., which abuts two of his other properties on Woodbridge Drive. His plan was to build a road through one of his lots on Woodbridge Drive and to alter the land’s R-1 designation to the higher density R-2.

The rezoning would allow him to build 28 homes in his development, with an average 13,300 square feet – less than a third of an acre – per lot.

His request went before the county Planning Commission on Dec. 19. That body recommended approval with two conditions: that access should be granted through Cummings Road, not Woodbridge Drive and that a new traffic signal should be installed at the intersection of Cummings and Washington roads.

Uzpurvis, however, still sought to have county commissioners grant access through Woodbridge Drive, much to the dismay of many of his neighbors. Woodbridge residents packed a Jan. 7 Commission to oppose the rezoning.

Bill Trotter, the attorney representing Uzpurvis, told commissioners the Cummings Road access was inadequate for school buses and emergency vehicles and potentially harms the development. He also dismissed the idea that access through Woodbridge Drive would create traffic problems.

Attorney Wright McLeod, who represented the Woodbridge homeowner’s association at the meeting, told commissioners the neighborhood covenants allow lots to be subdivided only by the approval of the homeowners’ board. He said Uzpurvis has not been able to get approval to divide his lots.

In the end, commissioners accepted the planning commission’s recommendations and approved the rezoning, but not the access through Woodbridge Drive.

The lawsuit filed Feb. 3 by Petersburg Properties LLC names the county and the Board of Commissioners as defendants. It seeks to void the commission’s rezoning ruling and to be awarded damages against the property owner amounting to the difference in fair market value for the property with and without access to Woodbridge Drive.

The county has yet to reply to the lawsuit.

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Comments (1)

Golly Jeepers

More CC Stupidity

Well, what do you expect, the County finally being called on the carpet for stupidity.

The rezoning apparently was for various parcels which already had legal rights of ingress/egress over a number of areas/roads - not just one road. However, the BOC (in its infinite stupidity to placate upset neighbors and with its usual sorry legal representation that knows nothing about land use much less even reads the agenda beforehand) took away those rights. That's a taking...pure and simple.

Bet the items were mis-advertised as well. The legal notice was probably inadequate. When was a public hearing advertised. I never saw a sign which stated a public hearing would be held, did you?

Golly Jeepers