Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, June 6, 1990 TAG: 9006060290
SECTION: VIRGINIA PAGE: B-3 EDITION: STATE
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
In a lawsuit filed in Roanoke Circuit Court, the city claims that the developers, Ray Alouf and Douglas McCullough, have failed to comply with the conditions of the rezoning.
The city claims the developers did not submit a site plan before they constructed the final phase of the 116-unit residential development as required under the conditions of rezoning.
As a result, the court papers say, the city never was given the chance to review the plans to ensure that they complied with zoning and development regulations.
The city claims that the developers constructed buildings closer to the property line than shown on the plans. The city also says the drainage pipes are too small and the developers did not plant vegetation as promised in the plans.
The lawsuit also claims that the developers have violated city building codes.
In a letter to City Council earlier this year, City Manager Robert Herbert said city officials had tried unsuccessfully to negotiate an agreement with the developers.
He said the developers had taken the position that they didn't have to comply with the terms of the rezoning because they were issued building permits.
Ed Natt, an attorney for the developers, said Tuesday he had not seen the lawsuit, but he said earlier that his clients had "done what we were told to do" in order to get the building permits.
"It is our position that we are in substantial conformity with what the city has requested us to do," Natt said. "The city gave us building permits and certificates of occupancy."
The lawsuit says that city officials have reviewed the project and determined that the drainage system is inadequate.
The city has asked the court to require the developers to comply with the conditions of the rezoning and enjoin them from violations of building codes. It also wants the court to require the developers to correct any violations of building and zoning codes.
by CNB