HomeMy WebLinkAboutLOD201900016 Letter of Determination 2019-08-07r y
LrRGtNZA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 7, 2019
Amy Peloquin
124 Burnley Station PI.
Barboursville, VA 22923
RE: OFFICIAL DETERMINATION OF USE — Canine Clipper — Building addition to commercial
kennel area (the "Kennel") for Special Use Permit SP201000008 (the "SP") I at TMP 03500-00-
00-00500 (the "Property")
Ms. Peloquin:
In response to your request for confirmation that an expansion of the Kennel, via a 24'x40' addition, at
the Property approved by the SP may be permitted, I have consulted with the Zoning Administrator and
the County Attorney. It is my official determination that such an expansion would be permitted under the
SP.
You have also requested clarification on whether residential and other property changes not associated
with the Kennel operation would require an amendment to the SP. I have determined that only changes
directly related to the operation of the Kennel would need to be considered against the conditions of the
SP and all other un-related changes to the residence or property would require standard review
procedures normally associated with such changes.
The background and findings of this determination are outlined below.
Kennel Special Use Permit
SP201000008, approved on August 18, 2010, allows for the Kennel at the Property as in accord with
the conceptual plan titled "The Canine Clipper Composite Plan" (the "Plan"). The Plan is a general sketch
of the buildings included in the SP, which includes building placement and rough estimates of building
distances from property lines but lacks building dimensions. The approval states "minor modifications to
the Plan which do not conflict with the elements [outlined below] may be made...". The major elements
of the Plan as identified in the Special Use Permit approval are:
Kennel yard and house yard within fenced area
Entrance gate
Three structures: kennel, residence and garage
Fence circumscribing the entire site, including the three structures and the kennel yard, house yard
and front yard
As an expansion of the Kennel does not conflict with the major elements shown on the Plan, the
expansion would be permitted as a "minor modification". While the language used in the approval, "in
accord with the conceptual plan" (emphasis added) generally requires a stricter adherence to building
sizes, the lack of building dimensions on the Plan allows an expansion without conflicting with the
approval requirements.
LOD-2019-00016
August 7, 2019
Page 2 of 2
Additionally, on March 27, 2017 the applicant met with the Rural Areas Planner and, under the
advisement of the Deputy Zoning Administrator at that time, was informed an addition to the Kennel
would be permitted as long as it was attached to an existing, approved building and, thus, maintained
the total buildings to three as approved: residence, garage and kennel.
Residential Uses and Applicability of SP201000008
Special use permits may be required by a locality when uses are considered to have a potentially greater
impact than those allowed by right per Virginia Code § 15.2-2286(A)(3). As described in Albemarle
County's Land Use Law Handbook, Section 12-620, special use permit conditions must be reasonably
and proportionally related to the impacts resulting from the use permitted under the special use permit.
As residential uses are by -right on the Property, the conditions of SP201000008 may not restrict
residential uses or other by -right uses on the property and may only be related to impacts resulting from
the Kennel use. Therefore, changes to the residential structures (including the garage) such as building
additions, decks, porches, and home renovations, as well as changes to the property (including
excavation and grading, driveway and parking changes, and removal or addition of fencing), that are not
related to the Kennel, will not require an amendment to the SP. Where applicable under County Code,
they will require approval of building permits prior to work commencing.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board
of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $258 plus the
actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or
any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter
18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
If you have any questions, please contact me.
Sincerely,
*_�!2
Jeff Baker
Senior Planner, Designee of the Zoning Administrator
Attachments: SP201000008 Action Letter: 8-6-2010
Conceptual Plan: 9-8-2010
Approval Letter: 9-8-2010
Copy: Andy Herrick, Deputy County Attorney
Bart Svoboda, Zoning Administrator