Sunday, July 29, 2007
Editorial: Don't muddy the issue in big-box appeals
Blacksburg's zoning board must stick with the law.
From the RoundTable blog
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For many residents of Blacksburg and the surrounding area, the proposed South Main Street development is about only one thing: Wal-Mart. Town officials, however, do not enjoy the luxury of such narrow focus.
As zoning appeals wind their way through the system, everyone must remember that even developers who wish to bring a big-box store to town have rights.
Such distinctions blurred at last week's hearing before the town's board of zoning appeals. Representatives of Fairmount Properties argued a new ordinance that requires special council approval to build large stores does not apply to their South Main project because they have a vested right to build.
The town's zoning administrator had disagreed, ruling the developers must seek special council approval for the 175,000-square-foot monstrosity shown on their site plan and rumored to be a Wal-Mart Supercenter. It is his decision that is now on appeal.
The board must decide a legal question by applying the law to the facts of the case. The passions of citizens who sincerely despise large retailers and believe one would ruin the neighborhood may not shape the outcome.
More than a dozen people spoke at the hearing. They raised questions about traffic, property values and other alleged problems a big-box store will create.
Fortunately, board Chairman Wayne Hensley was on hand to remind everyone that such issues had no bearing on the technical legal issue. Presenting them at the hearing only served to muddy the issue. They did not enlighten anything.
Both opponents and proponents of the project would do well to remember that. The board's ruling will not be a commentary on the merits of a big-box store.
Besides, the board will almost certainly not have the last word. However it rules, someone will likely appeal.
Board members feel public pressure, but it is their job to persevere against it and uphold the law. Everyone should respect that.
