Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Appeal Decision topic
No spam. Unsubscribe anytime.
Board of Zoning Appeals denies Purcell appeal, upholds 53.25-acre limit on mine expansion
Summary
The Hanover County Board of Zoning Appeals voted to deny Charles T. Purcell's appeal and upheld a zoning compliance letter that limits mining to a 53.25-acre area unless a conditional use permit is approved. The decision followed presentations from county counsel and the applicant and extensive public comment about truck traffic, well water and safety.
The Hanover County Board of Zoning Appeals voted to deny an appeal filed by Charles T. Purcell and Woodbury Property, LLC, upholding a January zoning compliance letter that limits mining on two parcels to a 53.25-acre mined area unless the owner obtains a conditional use permit. The motion to deny the appeal carried on a roll-call vote of four ayes.
Deputy county attorney Rebecca Randolph told the board the zoning administrator's determination was supported by historical maps, a 1990s court finding and the county ordinance. "The mining area may not be expanded beyond the existing 53.25-acre mined area without approval of a conditional use permit," Randolph said, and she emphasized that state mining permits do not replace local zoning review.
Applicant counsel Jared Anderson said the applicant agrees the operation is a legally nonconforming use but argued that status should extend to the entire property so mining can proceed in phases. "We are seeking to keep the legally nonconforming use status on the entire property," Anderson said, noting past state bonding maps and industry practice where extraction advances over time.
Members heard public testimony from neighbors who reported large numbers of dump-truck trips, dust, noise, concerns about private well water and constrained two-lane roads near school-bus routes. Beverly Woodson, who lives near Chestnut Church Road, said, "My concern is not so much that they want to increase it. My concern is that there's been no environmental impact study done to see how it's going to affect the citizens and the businesses that are in the area for water, vibration from drilling for the pit." Several speakers asked the board to deny the appeal and to require fuller environmental and traffic review through the conditional use permit process.
Chairman Corey Blunt moved to deny the application for appeal and uphold the zoning administrator's decision; the motion was seconded and passed on the recorded vote. The board noted previously announced recusals and absences left a four-member quorum, and that a simple majority of the quorum was sufficient to decide the matter. The board did not take further action beyond the vote to deny the appeal.
The applicant may pursue a conditional use permit if it seeks to expand the mined area, which would trigger public review and potential conditions to address neighborhood impacts.
