"Planned Parenthood of the Blue Ridge is staying put on Hydraulic Road.

The Albemarle County Board of Zoning Appeals, in a 3-1 decision Tuesday, voted to uphold the zoning administrator’s decision that the office’s certificate of occupancy is appropriate. Board member Richard Cogan voted against the decision, while George Bailey abstained.

More than 1,000 people attempted to cram into Lane Auditorium throughout the four-hour meeting. The auditorium holds about 450 people. Planned Parenthood officials said that 961 of their supporters showed up at the meeting, while Tobey Bouch of the Central Virginia Family Forum said roughly 175 supporters of the appeal came.

Attendees asked that the balcony be opened to accommodate more people, but county spokeswoman Lee Catlin said there would have been security issues. Police officers had been patrolling the auditorium area since 10 a.m., three hours before the meeting began.

“We’ve never had anything close to this,” Catlin said, adding that some attendees chose to rotate in and out of the auditorium so more people could watch the hearing.

In August, Garden Court resident Renae Townsend filed the appeal. The Garden Court community is adjacent to Planned Parenthood.

Though the charge of the board was to consider a building issue, much of the testimony heard throughout the day brought the contentious issue of abortion to the forefront of the meeting.

“This hearing is not about zoning ordinances,” Planned Parenthood’s director of statewide organizing, Holly Hatcher, said before the meeting, adding that “misinformation” about the organization has been spread throughout the community.

“There’s misinformation about our mission, our purpose and our practice,” Hatcher said.

Abortions are performed at the office once a week. Planned Parenthood also offers pre-natal care, gynecological exams and, in September, began offering adoption services at the office once a week.

J. Michael Sharman, representing Townsend, referred to the office as an “abortion and sexually transmitted disease clinic” and said Planned Parenthood is “a detriment to the surrounding community.”

Sharman also pointed to blueprints of the building that refer to an elevator in the building as a “hospital elevator,” while the building is designated as a professional office.

The building was designed to meet hospital standards, in case legislation is passed in the General Assembly requiring any place performing two or more abortions a day to meet those standards.

During Sharman’s remarks, Albemarle County police officers began shuttling people standing in the aisles out into the lobby. Hatcher said about 250 of the Planned Parenthood protesters chose to hold a mini-rally on the steps of the County Office Building and later waved stickers and signs along McIntire Road.

Greg Kamptner, assistant county attorney, said that Townsend’s appeal did not focus on the certificate of occupancy but instead on the Nov. 3, 2003, zoning decision for Planned Parenthood. Residents could have appealed that decision within 30 days but none did so.

“Ms. Townsend simply appealed the wrong decision,” Kamptner said.

Richard Carter, representing Planned Parenthood, said the certificate of occupancy only states whether the building is in compliance with the code.

“There’s no allegation that [the building] is not within the state building code,” he said.

When Townsend spoke before the board, she alleged that she and other building owners were not given proper notification that Planned Parenthood was given a zoning clearance for a professional office last November. The county is not required to notify neighborhood residents of zoning clearances.

David L. Nova, president and chief executive officer of Planned Parenthood, however, said that letters were sent out to local churches and residents in August of 2003 notifying them that Planned Parenthood had purchased the property.

“We continue our pledge to be a good neighbor,” he said.

Marc Deloach, pastor of Albemarle Baptist Church, will become one of Planned Parenthood’s neighbors when construction begins on its new sanctuary. He said the word of God says that abortion is “morally wrong.”

“He knew what some would term as a fetus was actually a child,” Deloach said.

However, the Rev. Patricia Gulino Lansky of Unity Church, also on Hydraulic Road, emphasized the importance of being a good neighbor.

“Love is more than just an emotion,” she said.

Townsend also expressed her concerns over the possibility of declining property values in Garden Court.

Cynthia Hash, a real estate agent speaking for Townsend’s side, said the number of properties for sale in Garden Court has increased 71 percent in the last year and the townhouses are taking longer to sell.

Board member Cogan, who voted against upholding Zoning Administrator Amelia McCulley’s determination, said he did not believe the special-use permit approved four years ago for a real estate and insurance office is valid for Planned Parenthood’s operations, and that the certificate of occupancy reflects the special-use permit.

Board member David Bass, however, said he found it difficult to think Townsend was a person aggrieved based on “the potential devaluation of real estate.”

Nova said he was pleased with the board’s decision as well as the community support.

“Not only did the Board of Zoning Appeals affirm that Planned Parenthood belongs on Hydraulic Road, this was also an overwhelming affirmation that this community supports Planned Parenthood here,” he said.

Townsend, a seven-year resident of Garden Court, said she was “disappointed” in the board’s decision.

“I feel frustrated,” she said. “[It was implied] that I was ignorant of the issue - but I was not appropriately informed.”" (Julie Stavitski, The Daily Progress, November 10, 2004)

Contact Julie Stavitski at (434) 978-7237 or jstavitski@dailyprogress.com.