Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, February 11, 1993 TAG: 9302110135
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: BLACKSBURG LENGTH: Medium
SORORITY PLANS TO SUE FOR REZONING
Kappa Delta plans to sue Blacksburg and ask a judge to reverse Town Council's decision to deny the sorority's request to build three Greek houses on Toms Creek Road.Marcus H. Long Jr., Kappa Delta's attorney, said he plans to file the suit in Montgomery County Court next week.
Long said there were "gross improprieties" in the way town officials handled Kappa Delta's request to rezone 23.4 acres northwest of U.S. 460 at 1600 Toms Creek Road.
"There were problems at every level from the Planning Department to the Planning Commission to the Town Council," he said. "It's hard to fight the town, but I think that we have some valid points."
Town Attorney Richard Kaufman said that if a suit is filed it is his recommendation that the "town defend vigorously its legislative decision."
Kappa Delta wants to rezone the land so it can build an 11,000-square-foot sorority house. In addition the group wants to divide the lot so two more greek houses could be built there.
All three of the Greek houses would be required to have no-alcohol policies.
After about two hours of public comments on the proposal Tuesday night, council voted 6-1 to deny the rezoning request.
Melissa Moncrief, an alumnus of Kappa Delta and treasurer of the sorority's housing corporation, said she was disappointed by the council decision and hopes the court will reverse it.
Neighbors of the site told council that rezoning was a bad idea because the three Greek houses would increase noise and traffic and pose safety risks on Toms Creek Road.
Several neighbors said the noise level is already high, partly because of two fraternity houses in the area.
Alpha Gamma Rho's house is at 1503 Tom's Creek Road and Pi Kappa Phi's house is at 1101 Redbud Road. "My objections are based on experience - not fear," said neighbor Rebecca Crittenden. "We are bearing our share of the fraternity burden. They have been terrible neighbors."
Moncrief said it is unfair to compare fraternities and sororities because no alcohol is allowed on Kappa Delta property and the sorority prohibits the sponsoring of open parties. "We are very concerned about the community and willing to work with our neighbors," she said.
Kappa Delta rented a house at 206 Turner St. until May when the owner sold it.
The sorority's former landlord, Ray Chisholm, was one of the 21 citizens to address council about the rezoning request. He praised Kappa Delta's members as great tenants and model citizens in the community.
"I'd much rather have them as tenants than some Tech professors I know," he said.
J.D. Barnett, the only council member supporting the project, commended the sorority for its well-planned and designed site plans.
"If this is inappropriate then I don't know what's appropriate," he said.
The site is currently zoned for single-family homes, but Barnett said he doubted any developer would build homes that close to two fraternity houses.
The two fraternity houses are legal because they were there before the town established zoning regulations in the mid-1970s.
Council members said they denied the zoning request because it was in violation of the town's comprehensive plan and because they feared setting a precedent that would encourage additional Greek housing in the area.