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HomeMy WebLinkAboutVA198900003 Action Letter 1989-03-16 Jei "�L� \IRGIN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 16, 1989 Tom Wimmer Rt. 1, Box 50 Dyke, VA 22935 Re: Board of Zoning Appeals Action VA-89-4, Tax Map 8, Parcels 31 & 32 Dear Mr. Wimmer: This letter is to inform you that on March 14 , 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to dismiss your application. If you have any questions, please contact our office. Sincerely, 6.4„4... al#94,-,004 Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-89-4 STAFF REPORT - VA-89-4 OWNER: Robert Blachly APPLICANT: Tom Wimmer TAX MAP/PARCEL: 8/31 and 32 ZONING: Rural Areas (RA) ACREAGE: 5.55 Acres LOCATION: Located on the north side of Route 810, _+ .5 miles west of its intersection with Route 664. The applicant seeks a variance from Section 31.2.4.4 of the Albemarle County Zoning Ordinance, which states: "31.2.4.4 REVOCATION Any permit issued pursuant to this ordinance may be revoked by the board of supervisors, after notice and hearing pursuant to section 15. 1-431 of the Code, for wilful noncompliance with this ordinance or any conditions imposed under the authority of this section. In the event that the use, structure or activity for which any such permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate . . ." The owner obtained approval of a Special Use Permit (SP 85-41) from the Board of Supervisors on August 7, 1984, to allow the operation of a country store, public garage, gift, craft and antique shop. The uses have to date not been commenced on the property. In lieu of the applicant seeking a new Special Use Permit from the Board of Supervisors, the applicant seeks a variance from the requirement that the use commence within eighteen (18) months of the issuance of the Special Use Permit to forty-three (43) months. It should be noted that Special Use Permit #85-41 represents the second such approval for the same proposed uses at this location. The first Special Use Permit (#82-57) was approved on October 5, 1982. Since the use was not commenced within eighteen (18) months of the approval of the permit, the permit became void, thereby causing the owner to reapply for the additional permit in 1985. The Albemarle County Planning Department is of the opinion that no significant changes have occurred since 1985 which would warrant a change in the conditions of approval of SP 85-41. VA-89-4 Robert Blachly Tom Wimmer Page Two RECOMMENDATION The staff is sympathetic to the applicant's situation, but believes that any compromise of the requirements under which a Special Use Permit is to be revoked is unadvisable. The application should be denied for cause: 1) The applicant has not provided sufficient evidence to show that a strict application of the Zoning Ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. 2) The applicant has not demonstrated that the perceived hardship is not generally shared by other properties in the same zoning district and general vicinity. 3) The applicant has not provided evidence to demonstrate that the authorization of the variance will not be of substantial detriment to the adjacent properties or that the character of the district will not be altered.