Condo residents sue Virginia Beach over proposed high rise that would block their view of the Chesapeake Bay

Two condo associations have sued the city and a senior living community over a proposed high-rise building that will threaten neighbors' view of the Chesapeake Bay.

The residents of Ocean Shore Condominium Association and Ships Watch Condominium Owners' Association filed the lawsuit last week, one month after the the Virginia Beach City Council approved the 22-story glass tower on the campus of Westminster-Canterbury on the Chesapeake Bay.

The lawsuit said the proposed building would be taller than the zoning code allows for retirement communities.

The project will add 217 independent living, 75 assisted living and 48 memory care units. The construction will last approximately four years.

Westminster-Canterbury will replace the Casa del Playa Condominiums, the Lynnhaven Fishing Pier and Lynnhaven Fish House Restaurant that it acquired in recent years. When finished, the campus will offer a total of 905 senior housing units and 1,096 parking spaces on Shore Drive.

The nearby condo members said they will lose their scenic view and the shadows from the new building will deprive them of light, and decrease their property values during the construction period, according to the court filing.

The lawsuit alleged that council members refused to meet with the condo residents and gave preferential treatment to Westminster-Canterbury by engaging in meetings at the organization’s office and forwarding emails to Westminster-Canterbury to alert them to objections to the project.

The lawsuit also said the council did not attach any conditions to the development to ease the negative impacts on the neighborhood.

Julie Hill, a spokesperson for Virginia Beach, said the city stands by the legality of the zoning approval and will vigorously defend its interests. The city’s Planning Department has said the council has the authority to determine the height of the proposed building.

Ben Unkle, the CEO of Westminster-Canterbury on Chesapeake Bay, said his organization is confident in the strength of its legal position. The expansion is needed to address a projected senior housing crisis over the next decade, he added.

The expansion can’t move forward until the council approves pedestrian bridges proposed in the development project, and a request to relocate a public beach access point on the property, which needs support from nine council members. The council doesn’t have enough votes for this action as three of 11 council members have declared conflicts of interest and can’t vote on issues related to Westminster-Canterbury.

As of Tuesday morning, the condo groups had raised more than $17,000 via GoFundMe to pay for legal costs.

“If this decision is allowed to stand, it could set a precedent for City Council to ignore zoning regulations in any neighborhood in any part of the city,” the group wrote on their fundraising campaign site. “…This could happen in any neighborhood in the city. Let’s protect our neighborhoods from arbitrary and capricious City Council decisions.”

Alissa Skelton, 757-995-9043, alissa.skelton@pilotonline.com.

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