HomeMy WebLinkAboutAP201900002 Presentation 2019-06-04 (2)HILLIARD ESTATE & LAND
MANAGEMENT [HELM]
AP 201-9-02
Appellants: Rick and Susan Goings
Albemarle County Board of Zoning Appeals
June 4, 2019
RURAL AREAS DISTRICT
"[T]his district is intended to preserve
the county"s active farms and best
agricultural and forestal lands ...."
Albemarle County Zoning Code Sec. lo.1
VIRGINIA CODE § i5.2-2311(A)
"[T]he decision shall be final and
unappealable if not appealed within 30
days."
VIRGINIA CODE § i5.2-2311(C)
"In no event shall a written .
determination made b y the zoning
administrator ... be subject to change,
modification or reversal by any zoning
administrator ... after 6o days."
VESTED RIGHT
VIRGINIA CODE § i5.2-2307(A) & (B)
• Hill iard was the Beneficiary of the LO DI
• Hilliard relied in good faith on the
decision
• Hilliard incurred substantial expense
•LOD constitutes an unappealable
decision
EVIDENCE CONSISTENT WITH LOD
• Equipment of the size and scope indicative of farm
work.
• Photographs corroborate agricultural services
occupation (maintenance building, vineyards, crop
planting, pasture maintenance, fencing)
• Corroborating statements from established Albemarle
farmers
• Marketing
ACCESSORY USE
• Customary: Involves similar land -management
skills, horticultural skills, maintenance, fencing.
•Incidental: Landscaping work limited to farm
services clients. Reasonably related to farm
maintenance.
*Subordinate to Primary Use: lo% residential
landscaping, go% farm services
OSHA MAJOR EMPLOYMENT GROUP 07
AGRICULTURAL SERVICES
• Crop Services
• Soil Preparation Services
• Farm Labor and Management Services
• Landscape and Horticultural Services
COUNTY POLICY REDUX
•"[T]his district is intended to preserve the
county s active farms ..."
*This is HELM's Business
*Using skill and expertise in some
agriculturally related field to serve others
engaged in agriculture.
CONCLUSION
The County requests the Board of Zoning Appeals
to AFFIRM the zoning administrator's decision of
February 14, 20190