THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, May 7, 1995 TAG: 9505070044
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 71 lines
Residents along Back Neck Cove first tried the traditional approach to opposing plans to build a waterfront home in their neighborhood. They spoke at three public hearings.
When that failed, they turned to more extreme measures. They tried to halt land-clearing efforts by parking their cars along the front of the lot, blocking the bulldozers. The police made them move their cars.
Now, they're in court, trying to keep the builder from starting construction. They have appealed the decision of the city's Chesapeake Bay Preservation Area Board to allow the two-story brick house.
While the Great Neck residents don't have a problem with building a house on the lot, they oppose this specific house because they contend it will be too close to the water and therefore degrade water quality in the Lynnhaven River tributary.
``They want to build the biggest house on the whole street on the least buildable lot on the whole street,'' said Jeffrey C. Harper, who owns adjacent property on Back Cove Road. ``They're just trampling on the law,'' he said.
With the laws in place today aimed at protecting the Chesapeake Bay, this lot would be in a protected area and would not be buildable.
But because the lot was created before the Chesapeake Bay Preservation ordinance went into effect, a house can be built with permission of the Chesapeake Bay Preservation Area Board.
The city planning department recommended to the Chesapeake Bay board that it require the builder, Wayne Beagle, to make several changes in his proposal. One of those included moving the house 20 feet farther from the water.
Beagle agreed to seven changes, including eliminating the U-shaped driveway, building the rear deck and porch on pilings, and attaching the garage to the house. But he would not move the house.
``Although grateful for the compromises that Mr. Beagle has already made, staff feels that the proposed location of the dwelling is in conflict with the Chesapeake Bay Preservation Area Ordinance,'' reads the planning department evaluation of the project.
The Chesapeake Bay Board ignored that staff advice and allowed him to build in the original location.
``The board obviously doesn't care about what anybody else wants or what the citizens want,'' Harper said. ``They only care about what the developer wants.''
Irene L. Stephens, another neighbor, said, ``This can happen anywhere. If they approved this project, they'll approve anything.''
Both the city and Beagle have refused comment.
On Friday, the Back Neck Cove residents requested a restraining order from the Circuit Court to prevent the city from issuing building permits until the appeal is decided.
But the residents were not able to post the bond necessary to protect the property owner from potential losses due to delays caused by the appeal process, so the restraining order was not granted.
That means Beagle can start building the house while the appeal makes its way through the legal system.
Even though they didn't get the restraining order, the residents are hoping Beagle will not begin construction and risk having the court order him to remove it.
A court date for the appeal has not been set. ILLUSTRATION: Photo
CHARLIE MEADS/Staff
Jeffrey C. Harper and his neighbors on Back Neck Cove claim a
proposed new home will be built too close to the shore and degrade
water quality on the Lynnhaven River tributary.
by CNB