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City Attorney Owens advised that there was a previous application for solar panel installation which
was denied; however, it was not appealed. Councilman Harris questioned why the previous
application for solar panel installation was denied. Ms. Poissant replied the solar panel installation
was on a different street and was deemed to be too intrusive of a view from the street.
Councilwoman Woodbury questioned whether there was anything in the City Code that spoke to
installation of solar panels on private property. Ms. McAllister replied no, there was no policy within
the city code and this was the only way to regulate in this case because the solar panel installation was
within a historic district with guidelines.
Councilman Harris questioned how long Mr. Skirvin had lived in his house. Mr. Skirvin replied, he had
lived in his house for three years. Councilman Harris questioned whether Mr. Skirvin was aware of the
guidelines prior to purchasing the house. Ms. Poissant replied yes, potential property owners were
provided the guidelines.
Mayor Jones invited Mr. Kenneth Skirvin (property owner/applicant – 343 - 50th Street) to share his
viewpoint regarding the appeal.
Mr. Skirvin advised that not only was he the property owner but a City employee of eight years. He
believed that his proposed installation met the criteria of the guidelines because significant solar
energy collection was only feasible from the street-facing portion of the roof, and the visibility of the
panels would be minimized as much as possible.
Mr. Skirvin shared that he was appealing the NEHH ARB decision on the grounds that a solar panel
installation on any roof surface of the abovementioned property was not feasible except on the street-
facing southern portion of the roof. He informed City Council of the neighborhood guidelines:
“When feasible, solar panels should not be visible from the front of the house nor from the side
when facing a street corner lot property. However, where the panels are visible from the street-
level view, visual exposure of the panels should be minimized as much as possible.”
Mr. Skirvin reminded City Council the NEHH ARB reviewed, changed, and adopted new guidelines in
November 3, 2022. He indicated the previously recorded declaration of NEHH ARB guidelines were
rendered obsolete by a recent change to the guidelines, and the current regulation was not
grandfathered in, which was in violation of Virginia law.
Mr. Skirvin indicated the appeal of the decision of the NEHH ARB must be made within 30 calendar
days of such decision, and the appeal had to be made to the City Council. He contended that the
decision was in direct violation of Virginia law. He referred to Virginia State Code §55.1-1820.1.
Installation of solar energy collection devices:
B. No associate shall prohibit an owner from installing a solar energy collection device on that
owner’s property unless the recorded declaration for the association established such a
prohibition.
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