HomeMy WebLinkAboutAP201900004 Correspondence 2019-07-30Lp
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 30, 2019
John R. Maus
7380 Gordonsville Rd
Gordonsville, VA 22942
RE: H02019-00233 Major Home Occupation Clearance - Bufton and Maus, PLC
Parcel ID 05000-00-00-04900 (2.40 Acres) (the "Property"), 7380 Gordonsville Rd, Gordonsville,
VA 22942
Mr. Maus:
In response to your request for a Major Home Occupation Clearance for the above referenced
Property in the Rural Areas, please be advised of the following:
Based on the information provided with the application and the site inspection conducted on
June 13, 2019 the accessory structure on the Property, proposed with building permit B2017-
02431 NNR, does not meet the applicable setback and yard requirements for primary structures
required by Section 5.2A(c). Thus, the noted accessory structure cannot be used for the
proposed Major Home Occupation until it is determined to comply with the primary structure
setbacks for the Rural Areas zoning district. Therefore, in accordance with Albemarle County
Code § 18-5.2A(c) and Albemarle County Code § 18-31.5(b) the above referenced Major Home
Occupation Clearance cannot be approved at this time.
Additionally, if the proposed Major Home Occupation operates on the Property without an
approved Zoning Clearance it will be considered in violation and subject to Albemarle County
Code § 18-36.
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 Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a 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.
July 30, 2019
HO201900233
Page 2
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.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.org/cdapps.)
Please contact me if you have questions or require additional information.
Sincerely,
Kevin McCollum
Planner
Authorized Designee to the Zoning Administrator
Attachments:
Links shown can be copied and pasted into web browser
Albemarle County Code § 18-5 (See Section 5.2A for Major Home Occupation requirements)
http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/AI
bemarle County Code Ch18 Zoning05 Supplement Regulations.pdf
Albemarle County Code § 18-31 (See Section 31.5 for Zoning Clearance requirements)
http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/AI
bemarle County Code Ch18 Zoning31 Admin Enforcement.pdf
Albemarle County Code § 18-10 - Area and Bulk Regulations Sec. 10.4 ("applicable setback
and yard requirements for primary structures" ref. 5.2A(c))
http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/AI
bemarle County Code Ch18 Zoning10 Rural Areas.pdf
Albemarle County Code § 18-36
http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/Forms/AI
bemarle County Code Ch18 Zoning36 Violations.pdf