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HomeMy WebLinkAboutARB201800161 Correspondence 2019-02-13WILLIAMS M U LLEN Direct Dial: 434.951.5709 vlong@williamsmullen.com February 13, 2019 VIA Email: MMaliszewslci(a�albemarle.org Margaret Maliszewski Chief of Planning/Resource Management Albemarle County Department of Community Development Re: Dogtopia (ARB 2018-161) Dear Margaret: Pursuant to our recent email communication, on behalf of our client Nikki's Furry Friends, LLC, the applicant in the above -reference application for Dogtopia, we respectfully request that the Board reconsider a portion of condition #2 that it recommended at its meeting on January 7th. Specifically, the condition requires that if the fence is 8-feet tall, that it incorporate a two -foot base that relates to the building architecture, or provide a two -foot decorative element at the top. We will be prepared to address this request in more detail at the February 19th meeting, but we ask that the Board consider providing relief from this portion of the condition for the following reasons: 1. The fence will now be located several feet further from the front of the building, and thus further from the EC. 2. The fence will be of a color that will coordinate better with the existing building colors than the color originally proposed. 3. The fence will not be visible from the EC from vehicles traveling in the southbound lanes of the EC. 4. The fence will be located 169 feet from the face of the curb from the closest northbound lane of the EC, such that it will be visible at a significant distance. 5. The fence will be surrounded by landscaping, and the applicant is willing to supplement the landscape design further if the Board prefers. With these revisions and elements considered as a whole, we believe that the fence's design will not be materially discernible from the EC at such a distance. The design requirements for the decorative base or top of the fence adds significantly to its cost, while providing, we believe, a minimal, if any benefit to the public and the EC. For all of these reasons, we respectfully request that the Board reconsider this requirement. Sincerely, 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.comI A Professional Corporation Heather McMahon From: Margaret Maliszewski Sent: Wednesday, February 13, 2019 4:02 PM To: Valerie Long; Heather McMahon Subject: RE: Dogtopia ARB 2018-161 Attachments: 2019_02_19_agenda.pdf Thanks, Valerie. The tentative agenda for Tuesday's meeting is attached. Margaret From: Long, Valerie <vlong@williamsmullen.com> Sent: Wednesday, February 13, 2019 3:48 PM To: Margaret Maliszewski <MMaliszewski@albemarle.org>; Heather McMahon <hmcmahon@albemarle.org> Subject: Dogtopia ARB 2018-161 Margaret: as we discussed. At this time we do not have a temporary fence exhibit. If we develop anything further I will send it along. Thank you, Valerie Valerie Wagner Long I Attorney I Williams Mullen 321 Fist I`iain St. Suite 4C0 I Charlottes;lle, VA 22902-3200 T 434.951.5709 1 C 434-2 2-6792 I F 434.817.0977 1 viongCd)williamsmullen.com I www.williamsmullen.com `DTICF: Information contained in this transmission to the named addressee is proprietary and is subject to attorney -client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. Heather McMahon From: Long, Valerie <vlong@williamsmullen.com> Sent: Friday, February 08, 2019 2:23 PM To: Margaret Maliszewski; Heather McMahon Cc: Mariah Gleason Subject: RE: Dogtopia Fence Design Thanks Margaret, I really appreciate it. If our client elects to try to install a temporary fence, do you have any suggestions about how this would be done? I've asked our design professionals the same thing, but I thought you might have seen this done before. Valerie Long Williams Mullen 434-951-5709 From: Margaret Maliszewski <MMaliszewski@albemarle.org> Sent: Friday, February 8, 2019 1:41 PM To: Long, Valerie <vlong@williamsmullen.com>; Heather McMahon <hmcmahon@albemarle.org> Cc: Mariah Gleason <mgleason@albemarle.org> Subject: RE: Dogtopia Fence Design Valerie, I asked Stan Binsted if it was OK to add your item to the 2/19/2019 ARB meeting agenda, and he said it was. Would you please provide by 5:00 PM February 13 a brief letter than I can forward to the ARB to prepare them for your item? Please provide sufficient details to explain the issue to be discussed and indicate the specific question you want answered. If you will be making the case that the fence will not be visible from particular vantage points, I recommend a very temporary 8'tall installation approximating the east end of the fence that you can photograph from all relevant points on the EC. If you choose to pursue this and do so during regular business hours, please let us know so that staff can also benefit from viewing it. (Please note the stress on "very temporary" since a permit would be required for anything else.) Thanks. Margaret From: Long, Valerie <vlon williamsmullen.com> Sent: Thursday, February 07, 2019 5:35 PM To: Heather McMahon <hmcmahon@albemarle.org>; Margaret Maliszewski <MMaliszewski@albemarle.org> Subject: Dogtopia Fence Design Heather and Margaret: I would like to come back to the ARB to discuss the Dogtopia fence design further. Given that the fence will not be visible from the southbound lanes of the EC, and will be approximately 150 feet from the closest point of the northbound EC, will be a color that will coordinate with the building, and will be screened by landscaping, we do not think that the fence design will be materially discernible from the EC. And the design requirements in the current condition add significantly to the cost of the fence, to a degree that is disproportional to its expected visibility from the EC. We recognize that the ARB may disagree and decline to revise the condition, but I would at least like to discuss it with the Board further. Would it be possible to add this to the February 19t' agenda for such a discussion? Thank you, Valerie Valerie Wagner Long I Attorney I Williams Mullen ?21 East ilain St. Suite 400 1 Charlottesville, VA 22902-3200 i /-/..;5'..5709 i C 434-242 792 I F 434 81.7.0977 1 vlon4Cd)williamsmullen.com I vsvw.williamsmullen.com NOTTIC_'E. Is,,orrnabon ccsltr,cL.c this L i,V Is„iissicm to thc, ; -,m, d addressee is I„oprietary sui.;a+r ,t to altor, Bey-ciient privilege and work product conf'dek-tiality. If the recinie jL of this traw mission is not the named addressee; the recipient should immediately notify the sender and destroy the info., %ti0n transr ittz'd vvit tout m n' ? any copy or di'"; "ibution thereof.