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Donald Applegate’s permit request is headed back to Buckingham commissioners. After a public hearing on Monday, June 23, the county planning commission unanimously voted to recommend approval of his plans to build and operate a repair shop. 

There’s been a couple concerns raised during this nearly five-month back-and-forth discussion about Applegate’s request and Monday’s hearing was no different. Doris Carey and her husband Richard are both the adjacent and adjourning property owners. As the couple lives in Maryland, Doris’s brother Gerald Washington spoke on their behalf Monday, arguing Applegate’s property is too small for what he wants to do and questioning why a privacy fence on the property line wasn’t a requirement, as it has been for others in the past.

For the record, Applegate has in past hearings questioned why there would be a need for a fence, seeing as he doesn’t have any neighbors for more than 800 feet in any direction and the adjoining property on each side is covered in trees and forest, along with vegetation on his own property. 

Commission member Pete Kapuscinski asked Washington if the property his sister and her husband owned nearby was uninhabited and was told that’s correct. In their letter to the planning commission, the Careys had said they were concerned about the impact a repair shop would have on the quality of life for future property owners in the area and the community at large. 

The size of the Buckingham property 

As mentioned, one of the concerns raised was about how all of this is going to fit on Applegate’s land. Applegate owns the property at 17534 E. James Anderson Highway in Dillwyn, a roughly 2-acre lot. 

“This is only a two-acre parcel of property,” Washington pointed out to the commission. “It already has a home on it and a garage on it, so it doesn’t leave much room for anything else.” 

Washington also argued that while Applegate in the past has said nobody would be able to see his repair shop, it would be visible from the highway right in front of the property. In past meetings, Applegate has argued that’s the point. Having potential customers see his business as they drive by is a way to market his shop. 

Washington said his sister and her husband also wanted to make sure no vehicles, vehicle parts, tools or anything else from Applegate’s property ended up on their own, which in their minds is why requiring a fence on the boundary line was a reasonable request. 

In previous meetings, Applegate has said he would be glad to put up a fence if any of the adjoining landowners develop their property. If trees and forest suddenly turn into houses and yards, he had no problem building a fence at that point also. But he wouldn’t just put up a fence 500 or 600 feet in any direction “just in case” someone might hear or see his business. Back on May 27, Applegate told the planning commission he had no problem being a good neighbor. But he also didn’t want to pay for six-foot fencing that would do nothing but exist in the middle of a forest, to be seen by nobody. 

Buckingham Planner Nicci Edmondston also addressed the concern about any materials ending up on the Careys’ property. She pointed out that’s a civil matter, something that would go through civil court if there were any issues. 

Rules put in place

If the permit gets approved, Applegate would have to follow several rules set in place by the commission. First, there would be no more than 10 to 15 vehicles being worked on at any time there, with no vehicle allowed to stay more than 10 days. Applegate also wanted to make it clear that there was no plan to start any type of scrapyard or junkyard with this project. 

Also, the right of way and roadway shoulders on E. James Anderson Highway can’t be used for parking. Third, the property has to be kept neat and orderly, which echoes back to Applegate’s promise not to have a junkyard or scrapyard situation. 

Also, as mentioned earlier, if anyone builds or develops within 50 feet of his property line, Applegate will in the future build a fence. And he agreed to set up the six-foot privacy fence if he ever removed the vegetation around his property, which acts as somewhat of a natural fence. 

So why does Applegate need to come and ask for a permit? Because his property and the surrounding area is zoned Agriculture (A-1). Buckingham’s zoning ordinance doesn’t allow a commercial garage and auto repair shop like he’s proposing in that area, at least not as a ‘by right’ permitted use. Instead, it can be approved through a special use permit, with authorization from the commission and later the Buckingham board of supervisors. 

This application is for a special use permit to run a state inspection center and auto repair business, which would be named Church Automotive. In the application, Applegate explained the Church Automotive name “reflects the devotion and abilities that the business will maintain for the community. I have all the tools, experience and necessary equipment to operate a business of this nature. My goals are to start and build a reliable business to serve the citizens of Buckingham County and surrounding areas.”

Project heads back to supervisors

With all of that in place, the planning commission voted unanimously to recommend approval of the permit. Now the request heads back to Buckingham supervisors to be considered.