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HomeMy WebLinkAboutAP201900002 Presentation 2019-06-04AP 2019-02 Hilliard Estate &t Land Management (HELM) Appellants: Rick and Susan Goings Albemarle County Board of Zoning Appeals June 4, 2019 Overview Hilliard Estate and Land Management (HELM) owned by Carter Hilliard obtained a written zoning decision to locate his business. The Zoning Administrator determined that HELM is an agricultural service occupation, a by -right use in the Rural Areas zoning district. This zoning decision was not appealed and is "a thing decided"; In reliance on the written zoning decision, HELM incurred substantial expenses. They entered into a lease, built a new 4,500 sq ft building and located business equipment at 3214 Free Union Road; Rick Goings, a neighbor across Free Union Road, filed a zoning complaint about the new business; Zoning staff conducted a routine investigation and found no violation. We found that the activity conducted by the business is the same as described for the letter of determination; Rick and Susan Goings have appealed the decision that there is no zoning violation. The Zoning Administrator's opinion is presumed correct and is given great weight. The appellant has the burden of proof to rebut the presumption of correctness. (VA Code 15.202309 [1]). Regulatory Framework Consistent with the purposes stated in the Albemarle County Comprehensive Plan, Zoning Ordinance Section 10.2.1 permits "by right in the Rural Areas (RA) district" 12. Agricultural service occupation. Agricultural service occupation: An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Defined in Zoning Ordinance Section 3.1 "Definitions" Regulatory Framework Directly related to and used in this term is the use known as "agriculture." Agriculture: An agricultural operation, the keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry qualifies as an agricultural operation. The term includes accessory processing facilities for agricultural products grown or raised solely on the farm on which the agriculture is located, such as fruit packing plants and dairies... Defined in Zoning ordinance Section 3.1 "Definitions" Regulatory Framework Another term listed as a by -right use in the RA and related to this appeal is "accessory use." Accessory use, building or structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, a located upon land zoned to allow the primary use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the primary farm use, building or structure. Defined in Zoning ordinance Section 3.1 "Definitions" Accessory Use The finalized letter of zoning determination recognized and allowed landscape services as accessory to the primary agricultural services occupation. Incidental Non -Agricultural Services "However, due to its limited scope in the larger business operations of Hilliard Estate Et Land Management, landscape maintenance may be considered an incidental use accessory to the business. " Page 2, Paragraph 2 July 26, 2018 Letter of Determination Accessory Use OSHA Major Group 07: Agricultural Services This major group includes establishments primarily engaged in performing soil preparation services, crop services, veterinary services, other animal services, farm labor and management services, and landscape and horticultural services, for others on a contract or fee basis. HELM, an Agricultural Service Occupation HELM services include the following: Fencing ► Vineyard installation ► Mowing, bushhogging fields ► Pasture clearing and reclamation Seeding, reseeding Clearing invasive trees and thinning early successional growth Prescribed burn Building farm roads ► Installing automatic waterers for livestock ► Rental of equipment for work on farms HELM, an Agricultural Service Occupation HELM equipment includes the following: Large tractors, up to 135 horsepower ► Bush hogs, including bat wings with up to a 15 foot wide cut ► Tractor implements ► Seed drills No -till planters Excavator Skidsteer Mowers ► Chain saws ► Post drivers - - `r Fag sg -i\ •. �,,:: - Rua 1 r. .51; i ,a1- Mr �$�- A Mom �1ru,; • All Or i _J ~ LAW- Asp- '�— �,r ;��• ��.;c ,t�r� Syr, �►,^ � �. 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Response to Appettant's Arguments HELM is NOT an agricultural service occupation. The overwhelming majority of evidence from all sources points towards HELM being an agricultural services business. This includes Hilliard's application and statements Testimonials from Albemarle farmers Observance of the operation, including the use of large agricultural farm equipment Criticizing the investigation does not change the conclusion that this is a by -right use and is therefore, not a zoning violation. Response to Appettant's Arguments The actual use is landscaping service This is the primary basis of the appeal and yet nothing substantiates this claim. The website, the equipment, the facility and the use description are not consistent with a landscaping service. It is consistent with an agricultural service occupation. Claims that the investigation was inappropriate is not evidence showing the primary or majority activity associated with HELM is a landscaping service. Conclusion The appellant has failed to provide a relevant and substantial basis for their contention that HELM is primarily a landscape contracting business and that HELM is in violation of the Albemarle County Zoning Ordinance. The appellant has attempted to reopen the finalized letter of determination. They have confused the controlling issue with contentions that the zoning investigation was improper and biased. Neither of these is relevant to the appeal. The zoning determination was correct and should be upheld.