City of Charlottesville Board of Zoning Appeals City Hall

P.O. Box 9 11 Charlottesville, Virginia 22902

Re: BZA 07-04-001

Dear Board:

Attached please find a legal memorandum supporting our application appealing the zoning determination regarding parcels 56- 109, 56-40.4,56-40.4A and 56-42.3.

Please note that the summary of our position in the cover sheet is slightly inaccurate. I spoke to Jim Tolbert on April 11,2007, and voiced my concerns about the inaccuracy and the confusion that the it may cause, and Mr. Tolbert suggested I clarify our position in brief in this cover letter.

Specifically, please note that it is not our position that "the parcels were inadvertantly rezoned by City Council without any required notice". On the contrary, that appears to be the position of the City. By contrast, our position (which is discussed in much greater detail in the attached memorandum) is that Virginia law is quite clear that the parcels in question could not be inadvertantly re-zoned in such a manner given the failure to follow notice and publication procedures imposed by the Charlottesville and Virginia Codes.

Sincerely,

Erik Wilke