Proposed Marina Dealt Another Setback

“The Board of Zoning Appeals today upheld the City of Virginia Beach Zoning Administrator’s ruling that Doug Wilkins could not build his marina, by right, on B4 zoned property behind the Baja. This is one small battle victory in the war. We will have the game plan soon as to what needs to be done next. We presume he will apply for a conditional use permit that will include numerous public hearings. Thanks for all of your support, letters, and appearances at the hearing today.“ Cheryl Petticrew 426-5221

“ I’m glad that the BZA upheld the decision of the Zoning Administrator and denied the application, but there will be more hearings on the matter as it goes through the conditional use permit process, or is heard by the Circuit Court, depending on which route the Applicant chooses to take.”

Richard Whittemore, BBRF Vice President

Zoning Board Points Developer to City Council

BY DEIRDRE FERNANDES • deirdre.fernandes @pilotonline.com

Reprinted with permission of The Virginian-Pilot." 3/22/07

VIRGINIA BEACH — The proposed boat slips in Sandbridge may be private, and the users could be considered a social club. But the developer still needs permission from the City Council to build the 76 slips, the Beach zoning board ruled Wednesday.

The Board of Zoning Appeals upheld a city staff decision requiring developer Doug Wilkins to get a conditional-use permit from the City Council for his mooring and launching facility. The Board didn’t buy Wilkins’ argument that the facility would be used only by the condominium owners next door and could be built without city approval.

The facility, planned at the southern edge of Sandbridge, near the Back Bay National Wildlife Refuge, has been controversial since Wilkins first publicized his plans two years ago. Many Sandbridge residents and environmentalists nationwide have spoken out against the plan. They fear that the slips would draw more motorized watercraft into the Back Bay, damaging the environment and harming migratory birds.

About 20 opponents attended the meeting Wednesday. Cheryl Petticrew, a Sandbridge resident and member of the advocacy group Friends of Back Bay, said she was concerned that by calling the facility a private club, Wilkins hoped to avoid a public hearing in front of City Council.

Kay Wilson, an associate city attorney, agreed. “They don’t want the scrutiny of the public,” Wilson said in defending the city’s decision. “You cannot bootstrap activities that are not allowed nor need a conditional-use permit into a private club.When BJ’s Wholesale Club – which is private – wanted to start an auto repair business, it had to go to the City Council for a permit. The same holds true for the boat docks”, Wilson said.

Wilkins’ attorney, R.J. Nutter II, said many Sandbridge residents have private docks behind their homes. Wilkins’ proposal is no different, Nutter said. Wilkins needs to meet the city’s zoning regulations before he can get approval from state and federal environmental agencies to build the docks. Nutter said he isn’t sure whether Wilkins will appeal the board’s decision or apply for a conditional-use permit. “We’ll be there every step of the way,” Petticrew said.