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Home My WebLink AboutAP201900004 Staff Report 2019-09-23Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD LANE AUDITORIUM, 2:00 P.M AGENDA TUESDAY, OCTOBER 1, 2019 1. Call to Order 2. Establish a Quorum 3. Public Hearing: A. Project Number: AP201900004 Bufton & Maus TMP 50 - 49 Property Owner/Appellant: Evelyn Bufton and John R. Maus Staff: Bart Svoboda/Kevin McCollum 4. Approval of Minutes A. June 4, 2019 5. Old Business 6. New Business 7. Adjournment BOARD OF ZONING APPEALS MEETING GUIDELINES Thank you for attending the Board of Zoning Appeals (BZA) meeting. The following information is provided to help ensure the meeting proceeds as efficiently and effectively as possible. As a courtesy to others, please turn off all cell phones during the meeting. General Information: This meeting is recorded and later transcribed into minutes approved at a later meeting date. Each item set for public hearing will begin with a presentation of the staff report. Next, the applicant or appellant for that item will be invited to speak. During the course of the process, the Chairman will open the public hearing to comments from the public. At the end of these proceedings the Chairman will announce that the public hearing is closed. Once the public hearing is closed, no further public comments will be allowed unless the Board asks for additional information from the applicant or appellant. The BZA reserves the right to digress from these guidelines in any particular case. To Members of the Public: If you wish to address the Board, please raise your hand or stand when the Chairman asks for public comments for that item. When it is your turn for comment, please come to the microphone and state your name for the record. For uncommon spellings, please spell your name for the recording secretary. If you are with a group of people, you may want to have a spokesperson present your position to the Board. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines: • Come forward to the speaker's podium and state your name; • Address comments directly to the Board as a whole - open public debate is prohibited; • State your position and give facts and other data to back it up — keep in mind that there is a 3 minute time limit for public comment; • Give written statements and other supporting material to the Recording Secretary (written comments are also welcome if you do not wish to speak). Additional Guidelines for Applicants and Appellants addressing the Board: • Please contact staff in Community Development ahead of the meeting to make any necessary arrangements for your presentation. The Recording Secretary will also need copies of any handouts __given to the BZA members for the official record of the meetin_q. • Be clear in stating your position and do not repeat information that has been previously submitted to the Board. • Stay on topic by addressing the questions in the application or by responding directly to staffs determination(s). Focus on presenting facts and data that support your position. • Keep in mind there is a 15 minute time limit for presentations and a 5 minute time limit for rebuttal comments. The Board will ask any necessary follow-up questions to clarify points made during the presentation. • Understand that the Board of Zoning Appeals cannot change County ordinances. The BZA reserves the right to place additional time limitations on speakers, as necessary. STAFF: Kevin McCollum and Bart Svoboda PUBLIC HEARING: October 1, 2019 STAFF REPORT: AP2019-00004 APPLICANT/APPELLANT: Evelyn Bufton and John "Jack" R. Maus Description of Property: According to current real estate assessment records, Tax Map 50, Parcel 49 contains 2.40 acres+/- and is located in eastern Albemarle County along State Route 631 (Attachment A). There is one dwelling and one accessory structure located on the property at 7380 and 7382 Gordonsville Rd, respectively. The property fronts on State Route 631, an Entrance Corridor, and is zoned Rural Areas, RA. Background: On October 17, 2017, the appellant applied for a building permit, B2017-02431- NNR (Attachment B) for an accessory structure. On December 7, 2017, the County issued that building permit for an accessory structure now located at 7382 Gordonsville Rd, building permit B2017-0243 1 -NNR (Attachment B). The building permit application described the structure as a storage building/accessory structure with a work description of "new structure for home office." Based on the information provided, staff applied the following accessory structure setbacks for the RA; Front - 75', Rear - 6', and Side - 6'. On June 4, 2019, the Applicant applied for a Major Home Occupation Clearance to use the accessory structure as a law office (Attachment Q. After inspecting the property to verify that the proposed Major Home Occupation met all the applicable regulations, staff sent an advisory email on June 17 noting that the side setback did not appear to be met and informing the applicant that the proposed Major Home Occupation Clearance cannot be approved until they can confirm that the structure meets the applicable setbacks (Attachment D). Determination and Applicant's Appeal: On July 30, 2019, staff wrote an official determination informing the applicant that the Major Home Occupation Clearance application could not be approved until staff determines that the accessory structure complies with the primary structure setbacks for the Rural Areas zoning district (Attachment E). On August 12, 2019, the Applicant submitted an appeal of "the decision of the Zoning Administrator to deny them a Major Home Occupation approval" (Attachment F). Grounds for Zoning Administrator's Determination: The Zoning Administrator based the determination on the information provided with the application as well as the site inspection conducted on June 13, 2019. During that inspection, staff noted that the accessory structure did not meet the applicable setback and yard requirements for primary structures required by Section 5.2A(c). Therefore, in accordance with Albemarle County Code § 18-5.2A(c) and Albemarle County Code § 18-31.5(b), the proposed Major Home Occupation cannot be approved until it is determined to comply with the primary structure setbacks for the Rural Areas zoning district. The Appellant's Justification for Appeal: The justification for the Applicants' position is that (1) they fully disclosed to the Department of Community Development their intended use for the building, (2) the Department issued a building permit approving the placement of the building, (3) the Applicants relied on the building permit in locating the building, and (4) the Applicants' reliance on the building permit and their expenditure of substantial funds to construct the building is to their detriment if they are unable to use the building for its intended purpose. Staff Response: Staff responses to the four major points of the Appellant's justification. 1. The Appellants' first argument is that the intended use of the accessory structure, a commercial law office, was fully disclosed to the Department of Community Development. Staff contends that the information provided on the building permit does not indicate in any way the use of the accessory structure for a commercial law office Major Home Occupation. The building permit was issued for a "storage building/accessory structure" with a work description of "new structure for home office." Based on this information staff correctly applied the accessory structure setbacks for the Rural Areas zoning district which are Front - 75', Rear - 6', and Side - 6'. Because "home offices" can exist as part of a single-family dwelling in the Rural Areas and are significantly different than a Major Home Occupation, there is not enough evidence to support the claim that use of the accessory structure as a commercial law office was fully disclosed to the Department of Community Development. Additionally, a Major Home Occupation Clearance was not submitted until over a year and a half after the building permit was issued. If the applicant submitted the Major Home Occupation Clearance alongside the building permit, the County would have known the intended use and would have applied the appropriate setbacks on the building permit. 2. The Appellants' second argument is that the County issued a building permit approving the placement of the building. Staff agrees with this statement. The County issued a building permit for the accessory structure at the correct setbacks. The accessory structure that exists on the property right now meets the applicable accessory structure setbacks. The accessory structure does not, however, meet the applicable setbacks to be used as a Major Home Occupation. The appellant was notified, by email (Attachment G), on September 29, 2017 of the required setbacks for a Major Home Occupation. 3. The Appellants' third argument is that they relied on the building permit in locating the building. Staff contends that the intended law office use was not known to staff and that given the information provided (Attachment H), the appropriate setbacks for an accessory structure were applied. 4. The Appellants' last argument is that the applicants' reliance on the building permit and their expenditure of substantial funds to construct the building is to their detriment if they are unable to use the building for its intended purpose. Staff contends that the intended purpose of the building, based on the information provided on the building permit application, was an accessory structure. Therefore, the structure is able to be used and is no detriment to the Appellants. Summary: On July 30, 2019, the Zoning Administrator issued a determination that the proposed Major Home Occupation cannot be approved until it is determined to comply with the primary structure setbacks for the Rural Areas zoning district. The Applicants of that Major Home Occupation are appealing "the decision of the Zoning Administrator to deny them a Major Home Occupation approval." Despite the Appellants' grounds for the appeal, presented above, staff contends that the determination made was correct and that the Board of Zoning Appeals should affirm this determination. Proposed Motions: Staff recommends that the Board of Zoning Appeals upholds the Zoning Administrator's determination regarding Major Home Occupation Clearance, HO2019-233. Attachments: Attachment A: Current GIS Map of the Property Attachment B: Building Permit B2017-02431-NNR Attachment C: Major Home Occupation Clearance Application Attachment D: Staff Email to the Applicant dated June 17, 2019 Attachment E: Official Determination "RE: HO2019-00233 Major Home Occupation Clearance" Attachment F: AP201900004 Application Attachment G: Staff Email to the Applicant dated September 29, 2017 Attachment H: Building Permit Layout Attachment A: Current GIS Map of the Property AP2019-004 Bufton/Maus Appeal Legend (Note: Some items on map may not appear in legend) Parcel Info ❑ Parcels 50-48A 50-49 7382/ - -__ 7380# tapes 50-47 51-7 51-8 188 ft Al9F 2y a� -Ilf �' GIS-Web �' Geographic Data Services zz ?� www.albemade.org/gis ��xcr (434)296-5832 Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. August 16, 2019 Map elements may scale larger than GIS data measured in the map or as provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857) ;n yi Gou�tty of Albemarle '� 4 Community Development Department 401 tv clntire Road Charlottesville, VA22902-4598 Voice: (434} 295-5832 Fax : (434) 972-4125 ,,. _ BUILDING PERMIT - Page i Acres 2.40 Primary ,Rural Areas Zoning .--- _ __ Building Permit 017-02431-NNR t-/ Entered By: lennifer Smith on 1011812012 Sub Application Ty Storage. U'i ingJaccessory structure (new or Associated Building - - —-_----------------- - - ---- Permit Street Address: 738 VILLE RD GORDONSVILLE, 22942 WORK INFORMATION l lark Class Frame T 4 wer Su h' Tvo" Sena e Dsp2sal Tyr f Feundatian T New ?Mood Cartesian Well Private Other ......... :.............. 'Mork valuation Jurisdictional Area Other Foot Found, Desc.: $ 48,000.00 INo Service -- 'Nork [-WEWiTRUCTURE FOR HOME OFFICE Description: � Directions 7380 GORDONSVILLE RD Legal ACREAGE Description: Use Group Construction Type Square Footages: # of Stories 1 Porches 504 Unfinished Basement 15t Floor 792 Decks Other Un mished 2nd Floor Garage Total Unfinished Sq. Footage 3rd Floor Swimming Pool Finished Basement Other Habitable Total Habitable Sq. Footage Total Building Sq, Footage E== Set Backs; Front 7 Back Zoning Pre -Construction? Land Use? ;i e Fire Alarms Required? ;1 Bldg Pre -Construction? Lek Side 17� Right Side Fire Sprinkler hlr+.PA Code;r year Dwelling Units Accessory Structures � !•lobile\Prefab, Homes � Mobile Offices\Prefab, Units Carports e Bedrooms Baths 1.0 Paint Spray Booths Garages kitchens B swimming Pools'Hot B Other � Elewators%,Escalator':Liks Tubs\Spas (Res, Only) FN Contact Type Name IAddress City' State Zi CaJ .fork Phan Cell rea�l`,r._;A'r_ert bufton, evelyn &..john r maus ' :PO BOx E :.raga ra�pr t .. ....... ............... .. ....,.. ,., .-.5amEJ0Y�ner/agent 1 .... ....... ..... 0 i County of Albemarle 8UILDING PEPMiT - Pace 2 TIVIP 1 05000-00-00-04900 Acres 2.40 Primary Rural Areas Zoning 71�6hll`1- Building Permit = Bi2017-02431-NNR Community Development Department 401 McIntire Road Charlottesville, VA22902-4596 Voice: (434) 296-5832 Fax : (434) 972.4126 Current BUTTON, EVELYN & JOHN R MAUS Ownerfsl - _ - - - ------ -- — Y Major Acreage Subdiv.` Sub Application TypeLStorage building/accessory structure (new or Street ;address: 7380 GORDONSVILLE RD GORDONSVILLE, 22942 Entered By: Jennii'er Smith on 10/1812017 Associated Builcl P er rn it Separate permits may be required for Electrical, Plumbing, Heating, Ventilating and Air Conditioning. This permit becomes null and void if work or construction authorized is not commenced within 6 months, or if construction or work is suspended or abandoned for a period of 6 months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the narfnrmanrp of rnnchriirfinn By signing this building permit, the owner and/or their agent hereby grant employees of the Albemarle County Community Development Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m. and 5:00 P.m., holidays excepted. If you are not the owner of record, please check which applies: I certify that I am the agent for BUFTON, EVELYN & JOHN R MAUS ❑ , the Owner, and am authorized to submit this application on behalf of the Owner- under the agency granted to me. I am neither the Owner nor the Owner's agent. I certify that written notice of this application, by providing a copy of this application, will be mailed to the Owner at the following address ElP O BOX E GORDONSVILLE VA 22942 within 10 days of today's date as required by Virginia Code § 15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit or certificate related thereto could be determined to be void. of 0einer, Con?radar or Aa. - c_ , -'3 r':ye : Dale t e of . riidirff ,3 �"rc-ia orF.u1.ht.r¢e� REFr z at:ve Date EL CTRO IC RECORDS STATEMENT: Albemarle County is creating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1-479 et seq.). As an applicant to the Building Permit process, you may consent to receive, or have online access to, electronic records and receive and create records having electronic signatures related to Buildinq Permits, Correspondence, Inspection Tickets and Certificates of Occupancy (the Buildinq Please initial here if you AGREE to receive and/or use electronic records and electronic signatures for Building Permit transactions. Ikiais of Grrrer. Contractor or Authorized Pnen+, Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other transactions by electronic means. Sewage Disposal System Minor Modification Design THIS PLAN IS BEING SUBMITTED UNDER PROVISION 32.1-163.6 OF THE CODE OF VIRGINIA AND DOES NOT POSE A GREATER RISK OF MALFUNCTION AS DEFINED IN THE SHDR 350 THAN CURRENT REGULATORY DESIGNS. TM 50-49 7380 Gordonsville Rd A � a Gordonsville, VA 22942 2.4 Acres Burton, Evelyn & John R Maus POBox E Gordonsville, VA 22942 300 gallon per day system (2 BDR) STE New Sewage Ejector Station Existing 1000 Gallon Septic Tank with effluent filter Existing Drainfield IAWW �P T OF �� 0 Page M CHAEL CRAUN Specifications 2 LICENSE No. 9 Site Plan 3 03685 \�o lr 5 Septic Tank Details 4 `ass0 Sewage Pump Details 5 ti�i40,AW� M1 Old Dominion Engineering 2036 Forest Drive Waynesboro, Va 22980 Phone: (540) 942-5600 email: olddomeng@ntelos.net General 1. Modifications or substitutions to the specified equipment or layout must be approved by the engineer. 2. The contractor should inspect the site prior to submitting an estimate to the owner. Any potential conflicts should be reported to the engineer. By submitting an estimate the contractor indicates that he has investigated the site and has found no discrepancies with the plans and specifications. 3. A preconstruction conference is mandatory before starting installation of the system. Contact engineer to discuss important aspects of installation. The engineer will not certify the system at the final inspection unless a preconstruction conference is done prior to installation. 4. A final inspection is required — The installation must pass inspection by the engineer. Notify the engineer of the planned inspection date in advance. Prior to final inspection the contractor should shoot all invert elevations and take as -built triangulation measurements. The contractor shall provide as -built measurements to all components of system to the engineer at the final inspection. The OWNER is responsible for paying the engineer's inspection fees. 5. If adverse subsurface conditions are encountered (rock, groundwater, utilities, etc.) contact the engineer. 6. If site conditions vary contact the engineer. 7. The contractor is responsible for maintaining all set back distances as required by local ordinances and health department and payment for all inspections by health department. 8. Installation shall be in accordance with Virginia Department of Health Sewage Handling and Disposal regulations and in accordance with erosion and sediment control guidelines. 9. A separate Project Manual contains calculations, equipment cut sheets, etc. A separate package contains AOSE soil information. 10. Notify "MISS Utility" prior to excavation. Gravity Sewer/Effluent Main/Force Main 1. Gravity sewer from the office to the sewage ejector tank is 4" SCH 40 PVC sewer. Cleanouts every 50'. 2. Effluent mains shall be 4" schedule 40 PVC and have a slope of 6" per 100' minimum. 3. Force main and pressure piping shall be 2" Schedule 40 PVC. L 1 H OF`� � 2 o M CHAEL F. CRAUN LICEN E NO. BONA i DA i Septic Tank 1. Septic Tank - existing. Check tank to make sure it is not leaking and check tees for alignment. The tank and all seams shall be waterproof • 2. The access port on the outlet end of the tank shall have a 24" waterproof riser. The riser shall be attached to the tank and sealed.. Riser shall reach the surface and shall be covered at the surface with lockable, watertight lids. 3. Zabel A300 12x20-VC-Ball effluent filter on tank. Garage Sewage Ejector Tank 1. 24" diameter Polylok Basin with 24" Heavy Duty Lid. 50" min height. Basin to be waterproof. 2. Pipe penetrations to be waterproof with Polylok grommets. 3. Inlet to tank shall be 4" SCH 40 PVC. Outlet is 2" SCH 40 PVC. 4. The risers shall extend 2" above final grade and shall be covered at the surface with a plastic, lockable, watertight lid. The risers shall be 24" in diameter. 5. If rock is encountered in the tank hole then tank shall be bedded with 8" #68 stone. Tank shall be backfilled in layers with sufficient compaction (> 95% compaction) to avoid settling. Backfill material shall be free of debris and large stones. O 6. Tank shall be backfilled in layers with sufficient tamping to avoid settling. Backfill material shall be free of debris and large stones. • Sewage Ejector Pump • 1. Little Giant IOSN-CIA-RF (1/2 HP). Pump shall deliver 35 gpm @ 19 ft. Pump operation is to be controlled by an integrated piggyback float. Hardwired electrical connection in waterproof junction box. 2. Install 3/16 vent hole location before check valve per Little Giant recommendation O Alarm Panel 1) Indoor/Outdoor Little Giant Alarm 303HWXT Alarm (513273). Alarm to be installed on office. Alarm to be audiovisual and controlled by float. All electrical connections shall be hardwired in a waterproof junction box. 12 Project Notes/Specifications 1317085 Notes: 1. Exact location of tanks will vary based upon topography and landscaping. 2. Provide Engineer with proposed as -built triangulation measurements at preconstruction conference. / 3. Before pricing system installation, the contractor shall inspect the site and verify dimensions, elevations, and layout of system. 4. Separation distance between building and septic tank, pump tank, header line or force main: 10' - when located below basement floor 20' - when located above basement floor 5. 5' separation distance between property line or easement from any septic or dripfield component 6. 15' separation to power lines. 7. 50' separation from lift station or farce main and well. LAST 5' OF FORCE MAIN IS 4" SCH 40 PVC. ENTER MAIN SEWER WITH 4" SCH 40 PVC WYE EXISTING 1000 GALLON TOP SEAM SEPTIC TANK NEW 24" RISER NEW ZABEL A300 12X20-VC-BALL DETAIL 4-1 CLEANOUT I I EkISUNG I DRAfNFIELD 1 \ 4" SCH 40 PVC 2^ SCH 40 PVC 2BDR House EXISTING IIIC WELL i i i i i i i � O GOAD i Izz OFFICE WM'I'rCHL' H OF 11� CD F. CRAUN LICENSE NO. 036859 1``—/CNA L Ar SEWAGE EJECTOR 24" POLYLOK BASIN 50" HIGH (MIN) LITTLE GIANT I OSN-CIA-RF PUMP LITTLE GIANT HIGH WATER ALARM DETAIL 5-1,2 4" SCH 40 PVC CLEANOUT Sewage Disposal Site Plan TM 50-49 7380 Gordonsville Rd Gordonsville, VA 22942 Scale 1 — 50 O M Revision 1317085 HOUSE AND — OFFICE HOUSE AND - OFFICE i HIGH PRESSURE SEAL', (ASTM 1227) (ASTM 923 CONSEAL CS-102 (ASTM C-990) USE SILICON ADHESIVE BETWEEN RISER JOINTS BRING TO JUST BELOW GRADE OF EXISTING SLATE PATIO WITH EZ SET POLY RISERS SECTION VIEW NOTES: 1. SEPTIC TANK IS EXISTING 1000 GALLON CONCRETE TANK 2. CHECK INLET - PER VDH SEWAGE DISPOSAL and HANDLING REGS 3. OUTLET WITH NEW EFFLUENT FILTER AND RISER 4. TANKS PENETRATIONS MUST BE WATERPROOFED AND NOT LEAK. SEAL PIPE PENETRATIONS 5. 24" PLASTIC RISER ON OUTLET SIDE OF TANK. D BOX DRAINFIELD 5,000 PSI REINFORCED CONCRETE SCREW DOWN RISERS WITH STAINLESS STEEL SCREWS /HIGH PRESSURE SEALS " STM 1227) (ASTM 923) D BOX DRAINFIELD ZABEL A300-12x20 VC -BALL EFFLUENT FILTER EXTEND HANDLE TO UNDERSIDE OF RISER LID 1000 GALLON MID SEAM SEPTIC TANK SECTION VIEW Not To Scale �� OTIH � o�� ' jAr HAEL F. (CRAUN LICENSE NO. 036859 / �L E Ar Septic Tanks Details 1! 1317085 BRING TO 2" ABOVE GRADE POLY RISERS AND LID 24" HEAVY DUTY POLYLOK RISER COVER 2" UNION AND 2" BALL VALVE POLYLOK 24" DIAMETEI POLYLOK WATER TIGHT GROMMET OFFICE High 1, LITTLE GIANT IOSN-CIA-RF SEWAGE PUMP AUTOMATIC NOTES: 1. SEWAGE EJECTOR PUMP TANK IS NEW 24" DIAMETER X 50" DEEP POLYLOK BASIN 2. INLET - 4" SCH 40 PVC, OUTLET - 2" SCH 40 PVC 3. TANKS PENETRATIONS MUST BE WATERPROOFED AND NOT LEAK; USE POLYLOK GROMMET. 4. 24" RISER ON TANK. 5. STRAP ALL PIPING TO TANK WITH PLASTIC STRAPS AND STAINLESS STEEL ANCHORS 6. FLOAT HEIGHTS WILL NEED TO BE ADJUSTED IF TANK DIMENSIONS VARY FROM 1.96 GAL PER INCH 7. EASY ACCESS TO VALVES AND UNIONS 24" SEWAGE EJECTOR PUMP TANK OxeRGIOLIFAMATA POLYLOK WATER TIGHT GROMMET EXISTING 4" SEWER TO SEPTIC TANK )sive lift rope PUMP ON/OFF Not To Scale 2 Polylok 24" Basin One - 4" penetration (4" Polylok Grommet) One - 2" penetration (2" Polylok Grommet) One - V penetration (I" Polylok Grommet) Water test prior to backfill Pipe penetrations in designated spot Connect segments per Polylok Installation Instructions REW DOWN RISERS WITH TAINLESS STEEL SCREWS 24" POLYLOK BASIN SECTION VIEW PL OFF` o o � MICHAEL F. CRAUN LICENSE NO. o� C 10318�9_ `S/CNA L \� Not To Scale Sewage Ejector Details 5 1317085 5 0 H n x r r� d r� x H d 3 cry I M FOR OFFICE USE ONLY do ( HO # bl It; I 1 l, v v l Fee Amount $� ` ` Date Paid �� y who? �. Receipt # 1�� Ck# I' S By. lq 2. Application for Major Home Occupation Clearance r "'� (Only for parcels in the Rural Areas Zoning District) .. Major Home Occupation Clearance = $27.00 + applicable fees This application may require additional review by the Fire Marshal. Fees in addition to those shown on this application may be required by the Fire Prevention Code Fee Schedule. A copy of the schedule is available from the Fire Marshal. Home Occupation, Major: An occupation, not expressly prohibited by section 5.2A, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2) additional persons not residing within the dwelling unit, with or without the use of accessory structures; provided that nothing herein prohibits the occupation from engaging other persons who work off -site and do not come to the dwelling unit or to any accessory structure to engage in the occupation. Applicant MUST HAVE the following information to apply: 1) Tax Map and Parcel Number (or Address) and a description of the Home Occupation. 2) A Floor Plan Sketch on the next page with the following: a) The total square footage of the dwelling; b) The square footage of area within the home being used for the occupation (note this cannot be more than 25% of the gross square footage of the dwelling). 3) If applicable, a survey, plat, or aerial map showing accessory structures and parking associated with the home occupation. The GIS Web enables easv viewing and Drintine of aerial mans. Name of Business: %�% �/�� _ PL c 0y5��,1 ,.� / Type of Business: � Tax map and parcel: Wo- 00— OO--C l OU Contact Person j(Who should we call/write concerning this project?): �h,-7 ) , Address �O 61� S V?1 [ P I t-�' - City(/V� �/'�-i �i WC State 06 Zip �� Daytime Phone G.� Fax # (WO) VUb S E-mail sJQ C�%� [s- '44_ /- Owner of Record Address Daytime Phone Fax # O I^- E-mail State Zip DESCRIPTION OF USE (If necessary, attach an additional sheet. Include information about the number of vehicles and number of employees associated with the use, hours of operation, use of accessory structures, etc.): County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 4/23/2018 Page 1 of 4 Each major home occupation authorized in the Rural Areas zoning district is subject to the following: UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE W LOCATION & AREA This home occupation shall be conducted within the dwelling unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative area used for the home occupation, including the gross floor area within the dwelling unit or any accessory structure and the area used for outdoor storage as provided in section 5.2A(g), shall not exceed one thousand ve hundred (1500) square feet. Plants that are planted in the ground that are to be used for a major home occup ion do not count toward the one thousand five hundred (1500) square feet limitation. [Section 5.2A (b) (1)] EXTERIOR APPEARANCE There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of the home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area ' which it is located. Any accessory structure that does not conform to the applicable setback and yard requirents for primary structures shall not be used for a home occupation. [Section 5.2A (c) (1)] "T-ORS & SALES Customers, clients and students are permitted to visit the property where the home occupation is conducted. Only goods that are hand-crafted on -site and goods that are directly related to the home occupation, including but not limited to tools for pottery making and frames for artwork are permitted to be for sale to customers who comes to the site. [Sectio .2A (d) (1)] TRAFFIC Nov MC`^1 �r;PS Pc� w eel ? �4v g . �� o�� o7 CVgfb"✓ S � The traffic generated by the home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week. For the purposes of this section, a "vehicle round trip" means one vehicle entering and exiting the site. [Section 5.2A (e)] ARKING 'L o C zt �i p o� All vehicles used in the home occupation and all vehicles of employees, customers, clients or students related to the hhoomeoccupation shall be parked on -site. [Section 5.2A (f)] L1OUTDOOR STORAGE The storage of goods, products, equipment other than vehicles used in the home occupation, or any materials associated with the ho occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed ��HOU'RS prohibited. [Section 5.2A (g)] OF OPERATION `A/L ct f `(f e ` Ve— 41 Ca f L10 vT f I The home occupation may operate up to six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those home occupations that have employees, customers, clients or students visiting the site. [Section 5.2A (h)] LY NUMBER OF VEHICLES The number of vehicles that may be used in the home occupation that are parked or stored on -site shall not exceed two (2) motor vehicles and two (2) trailers. [Section 5.2A (i)] UMBER OF HOME OCCUPATIONS More than one home occupation is permitted on a parcel, provided that the area occupied and the traffic generated by the home occupations shall be considered cumulatively and all requirements of this section shall apply. [Section 5.2A (j)] Major Home Occupation Clearance 4/23/2018 Page 2 of 4 E14T rORMANCE STANDARDS The home occupation shall comply with the performance standards in section 4.14. [Section 5.2A (k)] Does the use involve procedures, machinery or chemicals that may cause the following? YES NO NOISE VIBRATION GLARE HEAT AIR POLLUTION WATER POLLUTION RADIOACTIVITY ELECTRICAL DISTURBANCE NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER ZIf S, then applicable standards must be addressed with a Certified Engineer's Report (available from staff). HIBITED USES (1) any use requiring a special use permit under section (10) shooting ranges 10.2.2 (2) animal rescue centers (11) commercial stables (3) automobile graveyards (12) rummage or garage sales other than those (4) restaurants determined by the zoning administrator to be occasional (5) storage yards (13) veterinary clinics or hospitals (6) gun sales, unless the guns are made on -site by one or (14) pyrotechnic (fireworks or bomb) device more family members residing within the dwelling unit manufacturing or sale (7) on -site pet grooming (15) Any other use not expressly listed that is (8) body shops determined by the zoning administrator to be contrary (9) equipment, trailers, vehicles or machinery rentals to the purpose and intent of section 5.2A. =CATIONS A (I)] & INSPECTIONS I will �e 5e k�(► fib,• r Ov- S "C' Written notice that an application for a zoning clearance for a major home occupation has been submitted will be sent to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice will identify the proposed home occupation, its size, its location, and whether there is a request for a waiver or modification. The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5. In addition, a public notice sign will posted on the property for the duration of the review. VSIGNAGE 2A (n)] A✓1 j stli'lale One sign that does not exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation is permitted. No additional permit is required for this sign, however, it must not exceed 6 ft. in height and must be setback at least 5 ft. from the public road righ=DDITIONAL Section 4.15.2 (25) and 4.15.81 IMPROVEMENTS AND REVIEWS FROM OTHER AGENCIES A zoning clearance shall not be issued if, after review of any site, additional improvements are necessary to protect public health or safety. [Section 31.5 (c)] Other state and local resources, including but not limited to the Health Department, Virginia Department of Transportation, Building Official, and County Engineer are commonly asked to comment on Home Occupation applications. Major Home Occupation Clearance 4/23/2018 Page 3 44 WAIVERS OR MODIFICATIONS MAY BE SOUGHT ONLY FOR THE FOLLOWING• AREA The area requirements in section 5.2A(b) may be waived or modified, provided that the waiver or modification shall not authorize the home occupation to occupy more than forty-nine (49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the area requirement, the commission shall make the following findings in addition to those findings in section 5.1: (1) the nature of the home occupation requires storage or additional space within the dwelling unit to conduct the home occupation; (2) the primary use of the dwelling unit as a residence is maintained; and (3) the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. [Section 5.2A (m) (1)] TRAFFIC The traffic limitation in section 5.2A (e) may be waived or modified. In granting a waiver or modification of the traffic limitation, the commission shall find, in addition to those findings in section 5.1, that the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. [Section 5.2A (m) (2)] REVIEW PROCESS AND ADDITIONAL FEES WITHOUT WAIVER REQUEST ($27 + notice fees) WITH A SPECIAL EXCEPTION ($27 + $457 + notice fees) 1. Submit Home Occupation application ($27). 1. Submit Home Occupation application and Waiver 2. Staff will review for completion and mail abutting application ($25 + $457). owner notification (Fee varies based on number of 2. Staff will review for completion and mail abutting letters). owner notification (Fee varies based on number of 3. Staff will visit property to post public notice sign, letters). review parking areas, proposed location of sign, and 3. Staff will visit property to post public notice sign, storage areas (if applicable). review parking areas, proposed location of sign, and 4. Staff will approve application if requirements have storage areas (if applicable). been met and pick-up public notice sign. 4. Staff will coordinate date of next available Planning Commission meeting to process special exception 5. Staff will approve application if requirements have been met and pick-up public notice sign. Owner/Applicant Must Read and Sign I hereby apply for approval to conduct the Home Occupation identified above, and certify that this address is my legal residence. I also certi at I have read the restrictions on Home Occupations, that I understand them, and that I will abide b54tp onjunction with a business license, represents zoning approval to conduct the Major Home O(-/ igna a of Applicant Date Other Official Date Official Zoning Official ENGINEER'S REPORT ATTACHED: YES NO CONDITIONS: Date Date Major Home Occupation Clearance 4/23/2018 Page 4 of 4 N Plans BUFTON & MAUS LAW OFFICE Aim C.,,y. Vin i. Kevin McCollum From: Kevin McCollum Sent: Monday, June 17, 2019 8:25 AM To: Jack Maus Cc: Rebecca Ragsdale; Keith Bradshaw Subject: Major Home Occupation Clearance Jack, Thanks for allowing us to come out and visit the property again on Thursday. Since then, Keith and I have met with the Zoning Administrator, along with the County Attorney's office, and have concluded that the Major Home Occupation Clearance cannot be approved until we can confirm that the structure meets the applicable setbacks, which are: Front — 75' Side — 25' Rear — 35' We can confirm that these setbacks are met by either seeing a physical survey that shows the location and distance of the structure to the property line or visibly seeing the property line in the field by clearly marked stakes. If the structure does not meet the required 25' side setback a boundary line adjustment is a possible solution to the bring the structure into compliance with the required Major Home Occupation side setback. The Building Permit (B2017-02431-NNR) was correctly approved given the information we were given at the time. The building was permitted as an accessory structure and no Major Home Occupation clearance was submitted alongside the building permit. Therefore, the setbacks were front — 75, side — 6, and rear — 6. Kevi.vv McGo�w Planner, Zoning Albemarle County Community Development kmccollum(@albemarle.ore 434-296-5832 x 3141 Attachment E: Official Determination "RE: H02019-00233 Major Home Occupation Clearance" 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 Albemarle County Planning Application Community Development Department 401 McIntire Road Charloftesville.VA22902-4596 Voice: f434) 29E-5832 Fax : (434) 972-4126 TMP 05000-00-00-04900 ] Own,,(,): BUFTON, EVELYN & JOHN R MAUS Application #I AP201909004 PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. Rivann I a Land Use Primary Residential Single-family (inclmodular homes Current AFD Not in A/F District Current Zoning Primary Rural Areas APPLICATION INFORMATION Street Address 1_7380 GORDONSVILLE RD GORDONSVILLE, 22942 Entered By 1 Buck Smith 'pplic cation Type AP -Peal of Zoning Administrator's Determination Project [EVELYN BUFTON AND - 30 - H - N - R - M - A - US 12r2019 Received Date Final Received Date F03/12/19 Submittal Date 08/12/19 Total Fees 258 Closing File Date L Submittal Date Final Total Paid 258 Revision Number L Comments r Legal Ad 'SUB APPLICA r_ r!Appims nt :'BUFTW EVELYN &JOHN R MAUS P 0 BOX E GORDONSWLLEV 22942 .. ............. ................. ....................... ............... . rm2ry Z=nts=t JACK M AU 5 P.O. BOX E GORDONSWLLE 22942 ... .................. EVELYN BUFTON AND JOHN R MAUS i - Signature of Contractor or Authorized Agent Date 408941006 ........... FOR OFFICE USE ONLY AP # U ��©��%d Y SIGN # ZONING ORDINANCE SECTION: Fee Amount $), Date Paidb �Z By who? /'/ l(J I e Receipt # Ck# By: Application for�tyc Appeal of Zoning Administrator's Determination m Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): Jack Maus Address Post Office Box E City Gordonsville State VA Zip 22942 Daytime Phone (540) 894-1006 Fax # (540) 406-5911 E-mail jackmauslaw@gmail.com Owner of Record Evelyn Bufton and John R. "Jack" Maus Address Post Office Box E City Gordonsville State VA Zip 22942 Daytime Phone (804) 432-0920 Fax # (540) 406-5911 E-mail ebuftonlaw@gmail.com Applicant (Who is the Contact person representing?): Evelyn Bufton and John R. Maus Address Post Office Box E City Gordonsville Daytime Phone( 540) 894-1006 Fax # (540) 406-591 State VA Zip 22942 E-mail jackmauslaw@gmail.com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Page 1 of2 Project Name: Bufton & Maus Law Office Tax map and parcel: 050000-00-00-04900 Physical Street Address (if assigned): 7380 Gordonsville Road Gordonsville Virginia 22942 Zoning: rural Location of property (landmarks, intersections, or other): Rt. 231 approximately 2 miles north of the intersection with Lindsay Road - across from Fielder's Choice Farm The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: As further explained on the attachment the iusitification for applicants' position is that (1) they fully disclosed to the Department of Community Development their intended use for the building (2) the Department issued a Building Permit approving the placement of the building, (3) the applicants relied on the Building Permit in locating the building, and(4) the appli- cants' reliance on the Building Permit and their expenditure of substantial funds to construct the building is to their detriment if they are unable to use the building for itpwner/Applicant Must Read and Sign intended purpose. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. Date: Sig e of Owner or Contract Purchaser, Agent rint Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 11/1/2015 Page 2 of 2 ATTACHMENT TO APPLICATION FOR APPEAL OF ZONING ADMINISTRATOR'S DETERMINATION Background When the applicants applied for a building permit, they submitted a copy of the architectural plans for the structure, which called for a building of approximately 1000 square feet with 2 offices, a conference room, a bathroom and a small kitchenette. The applicants' clear intention was to use the building as a law office and to meet there with clients and other professionals incidental to their law practice. The Department of Community Development (hereinafter, "the Department") issued a building permit that required the building to be set back only 6 feet from the side property line. A copy of the building permit is attached as Exhibit 1. The foundation for the building was staked out so that it is parallel to the residence rather than the side property line. So, at its nearest point, the building is set back 14 feet away from the side property line. At its furthest point, the building exceeds the 25 foot side setback requirement. When the foundation was staked, the applicants asked the Department to send a representative to visit the site to make sure that the stakes were properly placed. When that representative said that the location was correct, the applicants constructed the building in that precise location. The building was constructed in full compliance with the Statewide Building Code as enacted by Albemarle County and has passed the final inspection. The applicants have been told by the Department of Community Development that they are entitled to a Certificate of Occupancy.' Indeed, within hours after the final construction inspection was done, the County's Tax Assessor visited the property to ascertain its effect on an increased property tax assessment. Now, the Zoning Administrator has determined that he cannot approve a Major Home Occupation Clearance because the entire building is not set back 25 feet from the side property line. 1 The Department has indicated to the applicants that, although the building has been completed in full compliance with the building code, the Department has, at the time of filing of this Application, withheld the Certificate of Occupancy because it did not want to influence the zoning process. Those are two entirely different issues and the Department's refusal to issue a Certificate of Occupancy under these circumstances is arbitrary and capricious. 1 Case Precedent to Support the Appeal The applicants have been unable to find any legal precedent that precisely deals with this situation. However, there are other legal precedents that are instructive about the appropriate resolution of this appeal. The law in Virginia is clear that, if one person relies on the representations of another to their detriment, the person making the representation is prevented (or estopped) from later taking a different position. Allowing one party to change positions under certain circumstances would be unfair. That's why the doctrine is called "equitable estoppel." said: In Stewart v. Lady, 251 Va. 106, 465 S.E.2d 782 (1996), the Supreme Court of Virginia To establish equitable estoppel, it is not necessary to show actual fraud but only that the person to be estopped has misled another to his prejudice (internal citation omitted) or that the innocent part acted in reliance upon the conduct or misstatement by the person to be estopped. Khoury v. Memorial Hospital, 203 Va. 236, 123 S.E.2d 533 (1962) ....Elements necessary to establish equitable estoppel, absent a showing of fraud and deception, are a representation, reliance, a change of position, and detriment. 251 Va. at 112- 113, 465 S.E.2d at 785. All of those elements necessary to prove equitable estoppel are present in the applicants' case: • There was a representation (that the side setback was only 6 feet), • The applicants relied on the representation, • The applicants changed their position (they spend over $120,000.00 to build the office where it was permitted), and • The applicants have suffered a detriment (that the County will not allow them to use the building for its intended purpose). The principle of equitable estoppel applies to zoning issues as well. In Chapel Creek, Ltd. V. Mathews County, 12 Va. Cir 350 (1988), a developer had acquired a parcel of land on which he intended to build a 6-unit apartment building. He received approval for that and, when he learned that the County was going to enact an ordinance that prevented expansion `A of that project, took additional steps to increase the size of his project before the ordinance became effective. When the Zoning Administrator denied the building permit for the expanded project, the developer sued and lost. However, the Court said this: The doctrine of equitable estoppel provides that the right to use or develop land cannot be infringed upon by legislative action when the owner or developer of such land has in good faith relied upon some act or failure to act by a governmental body and made a substantial change in position. (Internal citations omitted) ...[A] property owner may acquire a valid nonconforming use or acquire a vested right to complete construction of a nonconforming building where, in good faith and in reliance upon a validly issued building permit, the property owner has begun substantial construction or has incurred substantial expenses relating directly to the construction. (internal citations omitted) The most obvious missing link in petitioner's case is the threshold government act, the issuance of a building permit. 12 Va. Cir. At 3S3. Unlike the developer in Chapel Creek, the applicants in this case had a validly issued building permit and constructed the building in accordance therewith. The applicants have finished construction of the building as it was permitted and, as indicated above, have spent in excess of $120,000.00 to do so. As a result, Albemarle County is estopped from denying the applicants a zoning clearance. Furthermore, the Supreme Court of Virginia, in Lee v. City of Norfolk, 281 Va, 423, 706 S.E.2d 330 (2011) applied language from Jones v. Board of Governors, 704 F.2d 713 (4th Cir. 1983) in which that Court said: [S]ignificant departures from stated procedures of government and even from isolated assurances by governmental officers which have induced reasonable and detrimental reliance may, if sufficiently unfair and prejudicial, constitute procedural due process violations. 281 Va. at 436. The decision of the Zoning Administrator is so unfair and prejudicial that it violates the applicants' due process rights under both Article I, §11 of the Constitution of Virginia, and under the Sth Amendment to the Constitution of the United States as made applicable to the States through the 14th Amendment. Finally, it appears that the Zoning Administrator takes the position that the setback requirements in Code §18-10.4 are mandatory. However, the heading at the top of the setback table merely says that "Area and bulk regulations within the RA, rural areas, zoning 3 district are as follows:" That's not enough to make the setback requirement mandatory, Even if the word "shall" could be inferred from the ordinance, the Supreme Court of Virginia has recently ruled that "shall" is not always mandatory, but that it can also be directory. Rickman v, Commonwealth, 294 Va. 531, 808 S.E.2d 395 (2017). In fact, the Court said that: Under Virginia law, the use of the term "shall" in a statute is generally construed as directory, rather than mandatory, and, consequently, no specific, exclusive remedy applies unless the states manifests a contrary intent. (internal citations omitted). 294 Va. at 539. In fact, one of the decisions cited in Rickman, was Tran v. Board of Zoning Appeals, 260 Va. 654, 536 S.E.2d 913 (2000). In Tran, the Board of Zoning Appeals issued a ruling outside of the 90-day period prescribed by Virginia Code §15.2-2312. The Supreme Court of Virginia ruled that the word "shall" in the statute was directory, not mandatory so that a BZA decision outside the 90-day limit was valid. As indicated above, the County Assessor has determined that the structure adds value to the property. The Department of Community Development recently visited the property and assigned the office building a separate 911 address. The applicants were told that, so long as the building was going to be visited by third parties, it needed a separate 911 address in case of an emergency. The applicants don't understand why the County needs to plan for the presence of third parties if the applicants are not allowed to have them in the building. In summary, for all of the reasons set forth above, the applicants submit that the decision of the Zoning Administrator to deny them a Major Home Occupation approval was incorrect and should be reversed by the Board of Zoning Appeals. 0 ;n yi Gou�tty of Albemarle '� 4 Community Development Department 401 tv clntire Road Charlottesville, VA22902-4598 Voice: (434} 295-5832 Fax : (434) 972-4125 ,,. _ BUILDING PERMIT - Page i Acres 2.40 Primary ,Rural Areas Zoning .--- _ __ Building Permit 017-02431-NNR t-/ Entered By: lennifer Smith on 1011812012 Sub Application Ty Storage. U'i ingJaccessory structure (new or Associated Building - - —-_----------------- - - ---- Permit Street Address: 738 VILLE RD GORDONSVILLE, 22942 WORK INFORMATION l lark Class Frame T 4 wer Su h' Tvo" Sena e Dsp2sal Tyr f Feundatian T New ?Mood Cartesian Well Private Other ......... :.............. 'Mork valuation Jurisdictional Area Other Foot Found, Desc.: $ 48,000.00 INo Service -- 'Nork [-WEWiTRUCTURE FOR HOME OFFICE Description: � Directions 7380 GORDONSVILLE RD Legal ACREAGE Description: Use Group Construction Type Square Footages: # of Stories 1 Porches 504 Unfinished Basement 15t Floor 792 Decks Other Un mished 2nd Floor Garage Total Unfinished Sq. Footage 3rd Floor Swimming Pool Finished Basement Other Habitable Total Habitable Sq. Footage Total Building Sq, Footage E== Set Backs; Front 7 Back Zoning Pre -Construction? Land Use? ;i e Fire Alarms Required? ;1 Bldg Pre -Construction? Lek Side 17� Right Side Fire Sprinkler hlr+.PA Code;r year Dwelling Units Accessory Structures � !•lobile\Prefab, Homes � Mobile Offices\Prefab, Units Carports e Bedrooms Baths 1.0 Paint Spray Booths Garages kitchens B swimming Pools'Hot B Other � Elewators%,Escalator':Liks Tubs\Spas (Res, Only) FN Contact Type Name IAddress City' State Zi CaJ .fork Phan Cell rea�l`,r._;A'r_ert bufton, evelyn &..john r maus ' :PO BOx E :.raga ra�pr t .. ....... ............... .. ....,.. ,., .-.5amEJ0Y�ner/agent 1 .... ....... ..... 0 i County of Albemarle 8UILDING PEPMiT - Pace 2 TIVIP 1 05000-00-00-04900 Acres 2.40 Primary Rural Areas Zoning 71�6hll`1- Building Permit = Bi2017-02431-NNR Community Development Department 401 McIntire Road Charlottesville, VA22902-4596 Voice: (434) 296-5832 Fax : (434) 972.4126 Current BUTTON, EVELYN & JOHN R MAUS Ownerfsl - _ - - - ------ -- — Y Major Acreage Subdiv.` Sub Application TypeLStorage building/accessory structure (new or Street ;address: 7380 GORDONSVILLE RD GORDONSVILLE, 22942 Entered By: Jennii'er Smith on 10/1812017 Associated Builcl P er rn it Separate permits may be required for Electrical, Plumbing, Heating, Ventilating and Air Conditioning. This permit becomes null and void if work or construction authorized is not commenced within 6 months, or if construction or work is suspended or abandoned for a period of 6 months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the narfnrmanrp of rnnchriirfinn By signing this building permit, the owner and/or their agent hereby grant employees of the Albemarle County Community Development Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m. and 5:00 P.m., holidays excepted. If you are not the owner of record, please check which applies: I certify that I am the agent for BUFTON, EVELYN & JOHN R MAUS ❑ , the Owner, and am authorized to submit this application on behalf of the Owner- under the agency granted to me. I am neither the Owner nor the Owner's agent. I certify that written notice of this application, by providing a copy of this application, will be mailed to the Owner at the following address ElP O BOX E GORDONSVILLE VA 22942 within 10 days of today's date as required by Virginia Code § 15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit or certificate related thereto could be determined to be void. of 0einer, Con?radar or Aa. - c_ , -'3 r':ye : Dale t e of . riidirff ,3 �"rc-ia orF.u1.ht.r¢e� REFr z at:ve Date EL CTRO IC RECORDS STATEMENT: Albemarle County is creating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1-479 et seq.). As an applicant to the Building Permit process, you may consent to receive, or have online access to, electronic records and receive and create records having electronic signatures related to Buildinq Permits, Correspondence, Inspection Tickets and Certificates of Occupancy (the Buildinq Please initial here if you AGREE to receive and/or use electronic records and electronic signatures for Building Permit transactions. Ikiais of Grrrer. Contractor or Authorized Pnen+, Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other transactions by electronic means. 5 0 H n x r r� d r� x H d 3 cry I M County of Albemarle r Department of Community Development . k 401 McIntire Road, North Wing vG Charlottesville, Virginia 22902 4� DATE: 08/05/2019 TO: BUFTON, EVELYN & JOHN R MAUS P 0 BOX E GORDONSVILLE VA 22942 CC: Post Office, GORDONSVILLE FROM: Geographic Data Services (GDS) www.albernarle.org/cids 434-296-5832 SUBJECT: Physical Address Notification - NEW CONSTRUCTION TMP: 05000-00-00-04900 PERMIT#: B2017-02431NNR PHYSICAL ADDRESS: 7382 GORDONSVILLE RD As of the date of this letter, the physical address located at the above Tax Map Parcel (TMP) and/or Building Permit# is currently in our addressing system. To ensure proper location by emergency service providers, timely mail delivery, and the accuracy of other County records, please do the following: • If applicable, contact your telephone company to ensure this physical address is associated with your landline telephone number; Post the uddre_ _, for this structure in accordance ,%,ith Albemarle County's Road Naming and Property Numbering Ordinance and Manual;* To -_-_-Live nl: i! using this address, contact your post. If this is an address change and you didn't physica!!y move, do not submit a Change of Address form with the USPS. Any questions about mail delivery, zip code information, and determining where a mailbox should be installed, will be handled by the post office; If applicable, ensure that your records are up to date with Voter Registration (434-972- 4173), School Transportation (434-973-5716), and the County's Finance Department (434-296-5851); • Alert other County and non -County entities (e.g. credit card, utilities, etc.) as necessary. Note: any change in your physical address does not require the deed to your property to be re- recorded at the courthouse. *The County's Road Naming and Property Numbering Ordinance requires that this physical address number be posted so it is easily visible from the named street or road. The number named street or road, the addressnumberand road name roust appear on the mailbox. The numerals displayed should be at least three inches in height on a contrasting background and any previously displayed numbers, which could be confused with or mistaken for the address assigned, shall be removed from the mailbox and property. If you should have any questions regarding this physical address, please do not hesitate to contact our office. Kevin McCollum From: Rebecca Ragsdale Sent: Wednesday, June 12, 2019 3:39 PM To: Kevin McCollum Subject: FW: Building Law Office on Home Property From: Rebecca Ragsdale Sent: Friday, September 29, 2017 7:21 PM To: Jack Maus <maus48@gmail.com> Subject: RE: Building Law Office on Home Property Mr. Maus, We allow small offices as a home occupation as long as the requirements of the major home occupation checklist are met: http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/applications/ Maior Home Occupation Clearance.Ddf If you would like to build an accessory structure to accommodate the home occupation, it may be no more than 1500 square feet in size and must be 75' from the front property line/edge of VDOT right of way, 25' from the side property lines, and 35' from the rear property line. If the structure for the home occupation is not yet built, you would need to apply for a building permit. The home occupation could not be approved until after the structure gets its CO. We can set up a time next week to chat about this in more detail if you would like. I'm free to meet or give you a call any time after 2:30pm on Monday and have other scattered openings throughout next week. Rebecca From: Jack Maus [mailto:maus48@gmail.com] Sent: Wednesday, September 27, 2017 7:37 PM To: Rebecca Ragsdale <ragsdale@albemarle.org> Subject: Building Law Office on Home Property Dear Ms. Ragsdale: My wife, Lyn Bufton, and I live in the northeastern corner of Albemarle County at 7380 Gordonsville Road. We are both lawyers and recently formed a law partnership. We would like to build a law office in a corner of our 2.4 acre lot. I stopped by the Community Development Office yesjerday without an appointment and was given your name as a contact person to see whether that's possible and, if so, what we need to do to get started. Please let me know when it would be a good time to explore this further. My cell phone number is 540-894- 1006. Thank you, Jack Maus Notcs:--- --� . _ I. Exact location of lank, will vary based upon topography and landscaping. 2. Provide Engineer with proposed as -built triangulation measurements at �\ po" m "'"'lion conference. 3. Before pricing system installation, the contractor shall inspect the site and / \ verify dimensions, elevations, and layout of system. j 4. Separation distance between building and septic tank, pump tank, header line or force main: ' 10' - when located below basement Boor -0' • when located above basement floor 5. 5' sepamtion distance between property line or easement limn any septic or dripfield component / 6. I5 separation to power lines. 7. 50'separation from liR station or farce main and well. i EXISTING jj' SEWAGE EJECTOR 24" POLYLOK BASIN 50" HIGH (MIN) LI'FrLF GIANT l0SN-CIA-RF PUMP LITTLE GIANT HIGH WATER ALARM DETAIL S-I J� I .LASTS' OF FORCE MAIN / � IS4"SCH 40 PVC. / /' :-K.n rat rvc �. ENTER MAIN SEWER j WITH 4" SCH 40 PVC WYE I / 4" SCII 40 PVC' / \ C'LEANOUT -- OFFICE I I R\ II II 1 26DR House / FISTING \ 1 DRAINFIEI.D / EXISTING 1000 GALLON TOP SEAM SEPTIC TANK NRISER NEW 7ABEL 1. AT00 1?X24VC-BALL DETAIL 4.1 TH OF CLEANOUT -- j //j✓/_ 4'• sell ao rvc Sewage Disposal g " MICh'AEL f. CRAUId Site Plan LICENSE NO. TM 50-49 1 036859 7380 Gordonsville Rd Gordonsville, VA 22942 NA L ��"Ar Scale 1 " = 50' I * L� O N J CD O 00 R W� O 7 O O Os N d T O 3 0 O G. O M O N 3 -- Revision 1317085 �vlc.��U PE,ey/T ,�yoUT COUNTY OF ALBEMARLE It MEMORANDUM TO: Albemarle County Board of Zoning Appeals FROM: Andrew H. Herrick, Deputy County Attorney DATE: September 19, 2019 RE: Bufton & Maus Appeal; No. AP 2019-4 On behalf of the County, the County Attorney's Office submits the following summary of legal issues raised in the Bufton & Maus Appeal (No. AP 2019-4). Appellants Evelyn Bufton and John R. Maus are appealing the denial of a home occupation clearance H02019-00233. Summary of Facts On or about October 18, 2017, Appellants Evelyn Bufton and John R. Maus applied for a building permit for an accessory structure in the Rural Areas (RA) zoning district. On or about December 7, 2017, Building Permit B2017-02431-NNR was issued, authorizing the construction of the accessory structure. The building permit noted side and rear setbacks of six feet, consistent with County Code § 18-4.11.2(b). Following completion of construction, on or about June 4, 2019, the Appellants applied for a major home occupation clearance, pursuant to County Code § 18-5.2A. Specifically, the Appellants applied to operate a law office from the newly -constructed accessory structure, which is located within 25 feet of the side property line. In an official determination dated July 30, 2019, the Zoning Administrator's designee denied the Appellants' application for a major home occupation clearance. On or about August 12, 2019, the Appellants filed the present appeal. 2. Applicable Standards A. Standard of Review: Presumption of Correctness / Appellant's Burden of Proof Virginia Code § 15.2-2309(1) enables the Board of Zoning Appeals (BZA) to "hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of [the zoning ordinance]. The decision on such appeal shall be based on the board's judgment of whether the administrative officer was correct." See Board ofZoning Appeals ofJames City County v. University Square Associates, 246 Va. 290 (1993). Virginia Code § 15.2-2309(1) further provides: "The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence." [emphasis added] B. Applicable Zoning Ordinances This appeal primarily involves two provisions of the County's zoning ordinance: 1. County Code § 18-5.2A outlines the standards by which major home occupations may be conducted in the Rural Areas (RA) zoning district. Most notably for the present case, County Code § 18-5.2A(c)(1) provides: "Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation." (emphasis added) 2. County Code § 18-10.4 in turn provides that the applicable side setbacks for primary structures in the Rural Areas zoning district are 25 feet. 3. Application/Anal sis At its core, this appeal misunderstands the critical distinction between structures (on the one hand) and uses (on the other). Building permits and use clearances (such as for home occupations) are analyzed and issued by separate offices under separate standards. The County's Building Official issues building permits, following the standards of the Uniform Statewide Building Code (USBC). By contrast, the County's Zoning Administrator issues zoning clearances for certain uses, following the standards of County Code § 18-31.5 and (in the case of home occupations in the Rural Areas) County Code § 18-5.2A. Note that these requirements address the use of a structure or property. A structure meeting the structural requirements of the USBC may not necessarily meet the separate requirements needed to qualify for a certain use, such as an approved home occupation. In this case, the newly -constructed accessory structure did and does meet all applicable USBC requirements. Therefore, the new accessory structure was properly issued a building permit, despite being within the side setback applicable to primary structures, and may still be used for any use permitted in accessory structures in the Rural Areas zoning district. Unfortunately for the Appellants, a major home occupation simply isn't one of those permitted uses, at least where the accessory structure is within a setback applicable to primary structures. Though the Appellants have other potential use(s) of the accessory structure or may seek a boundary line adjustment (among other potential remedies), County Code S 18-5.2A(c)(1) simply does not permit home occupation use within the setbacks applicable to primary structures, as here. 4. Rebuttal The appeal objects to the determination on two grounds. Neither is legally persuasive. 2 A. Equitable estoppel does not apply. Despite the Appellants' argument, equitable estoppel does not apply to the County's zoning determination in this case. As the Virginia Supreme Court has ruled: "To establish equitable estoppel, it is not necessary to show actual fraud, but only that the person to be estopped has misled another to his prejudice, Security Co. v. Juliano, Inc., 203 Va. 827, 834, 127 S.E.2d 348, 352 (1962), or that the innocent party acted in reliance upon the conduct or misstatement by the person to be estopped. Khouryv. Memorial Hospital, 203 Va. 236, 243, 123 S.E.2d 533, 538 (1962)." T. v. T., 216 Va. 867, 872-73, 224 S.E.2d 148, 152 (1976). (emphasis added) In this case, the County -issued Building Permit was neither misleading nor a misstatement. The Building Permit properly allowed the construction of the proposed structure in the proposed location. However, as noted above, the use of that structure was and is a separate matter. As a result, the Building Permit did not (and could not) give zoning approval for a home occupation use. The Appellants apparently inferred a home occupation use approval from the Building Permit where none was actually granted. The County's approval of the Building Permit and disapproval of the subsequent home occupation use application are consistent and do not represent a change in position on the County's part. Therefore, equitable estoppel does not apply. Even if equitable estoppel did apply, it would only preclude the County from revoking its initial Building Permit, which the County has not sought to do. B. The setback requirement is plain, unambiguous, and mandator Despite the Appellant's argument, the setback requirement in the County's zoning ordinance is plain, unambiguous, and mandatory. Before outlining specific dimensions, Albemarle County Code § 18-10.4 begins: "Area and bulk regulations within the RA, rural areas, zoning district are as follows:" (emphasis added). The Appellants attempt to confuse the issue by introducing the distinction between the mandatory ("must") and directory ("will") uses of the ambiguous term "shall." Fortunately, the ordinance in question actually uses the clear and unambiguous term "are." The alternative, a "directory" setback, would eliminate defined setbacks altogether. As the Virginia Supreme Court noted (in the case cited by the Appellants): [A] "shall" command in a directory statute carries no specific, exclusive remedy. Instead, it empowers the court to exercise discretion in fashioning a tailored remedy, if one is called for at all." Rickman v. Commonwealth, 294 Va. 531, 537, 808 S.E.2d 395, 398 (2017) In arguing for a "directory" setback, the Appellants are arguing (perhaps without realizing it) that courts should "exercise discretion in fashioning a tailored [setback], if one is called for at all." That clearly is not the meaning or intent of the County's setback requirements, as written. Setbacks are in fact mandatory requirements, not directory guidance. 5. Conclusion For the reasons stated above, the denial of a home occupation clearance HO2019-00233 was correct. Because the Appellants have failed to rebut the presumption of correctness, their appeal should be denied, and the denial of the zoning clearance affirmed. Cc: Bart Svoboda, Zoning Administrator 3 Information Requested by John Shepherd COUNTY OF ALBEMARLE ►Y ll�li, v� Department of CommunitN Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 - Fax (434) 972-4126 CERTIFICATE OF OCCUPANCY This is to certify that the detached personal home office, as further described below, has been inspected and found to be in compliance with the 2012 edition of the Virginia Uniform Statewide Building Code. Construction Information Building Permit # B20170243INNR IType of Construction 5-B Sprinkler System None Designated Special Conditions or Modifications For personal use only. Use Group R-5 Property Information Parcel ID 05000000004900 Owner BUFTON, EVELYN & JOHN R MAUS Subdivision jAcreaqe Property Address 7382 GORDONSVILLE RD GORDONSVILLE 22942- Ma isterial District Rivanna IZoning Designation Rural Areas Date: August 15, 2019 Building Official: Zoning Administrator: Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 OF A/ TMP: 05000-00-00-04900 Owner: BUFTON. EVELYN & JOHN R MAUS Permit Number: B2017-02431-NNR Phone: Cell Phone:New Owner: r, r t7/1;J1P Power Company: Central Virginia Phone: Cell Phone: LegalDescription: Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE DateSched uled: 2/15/2019 Type: Administration COMMENT Re Inspection APPROVE REJECTED Insulation '9894324 ❑ Printed: 2/14/2019 4:28 PM Scheduled By: Eileen Wittwer !/ ^I Inspe Name Inspectors Comments: e, iu teo 12 + 61leP,ti/ cnc p / r ✓r +z� %r �w 6&,/ JI✓�G IiLNG�c A( e C �1 RGINIA t HOFiH ALTHNT Protecting You and Your Environment Albemarle County Health Department 1138 Rose Hill Drive Charlottesville, VA 22903 (434) 972-6219 Voice (434) 972-4310 Fax Sewage Disposal System Operation Permit Property On,ner Evelyn Button Health Dept. ID: 101-17-0590 7380 Gordonsville Road Bldg Permit #:B2017-02431-NNR Gordonsville, VA 22942 Tax Map/GPIN: 50-49 Phone: (804) 432-0920 Locality: Albemarle County Property Location Property Address: 7380 Gordonsville Road - -- Gordonsville, VA 22942 Evelyn Bufton is hereby granted permission to operate a Residential Conventional Onsite Sewage System at the above referenced location, under the following parameters: Daily Flow: 300 gallons Number of Bedrooms: 2 This permit is issued in accordance with the provisions of "fitle 32.1, Chapter 6 of the Code of Virginia as Amended, and Section 12VAC 5-610-340 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health. The issuance of an operation permit does not denote or imply any guarantee by the department that the sewage disposal system will function for any specified period of time. It shall be the responsibility of the owner or any subsequent owner to maintain, repair, or replace any sewage disposal system that ceases to operate in accordance with the regulations. July 9. 2019 Travis Davis �, I 'i os— Effective Date Environmental Health Specialist, Sr. Signature Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 S�O1' At, TMP: 05000-00-00-04900 Owner: BUFTON. EVELYN & JOHN R MAUS { y j Phone: Cell Phone: Permit Number: B2017-02431-NNR New Owner: /ltO1Nx Power Company: Central Virginia Phone. LegalDescription: Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE Type: Final Building Final Electric Final Mechanical Final Plumbing Printed: 5/21/2019 4:26 PM Scheduled By: Eileen Wittwer Inspectors Comments: DateSched uled: 5/22/2019 Administration COMMENT 540-894-1006 A.M. Cell Phone: Re -Inspection APPROVE REJECTED ❑ E3--' ❑ ❑ Z ❑ ❑ ❑ El D Inspectors Name Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 TMP: 05000-00-00-04900 �[9 Owner: BUFiON. EVELYN & )OHN R MAUS t EnPermit Number: B2017-02431-NNR Phone: Cell Phone: New Owner: tIRG1N�P Power Company: Central Virginia - Phone: Cell Phone: LegalDescription: Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE DateScheduled: 4/25/2019 Type: Administration COMMENT Re -Inspection APPROVE REJECTED Final Building Final Electric Final Mechanical Final Plumbing Final Zoning Printed: 4/24/2019 4:14 PM Scheduled By: Keith Huckstep Inspectors Comments: am please.. i Ut1r� I✓ 2-0 ��Ur� 1"� � 4r1r I I'll 1-0 11 � •" Inspectors Name Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 {OF'47-� Owner: BUFTON. EVELYN & JOHN R MAUS ? M '9 TMP: 05000-00-00-04900 Phone: Cell Phone: *Permit Number: B2017-02431-NNR New Owner: RG7N1 Power Company: Central Virginia Phone: Cell Phone: Legal Description: Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE DateScheduled: 2/19/2019 Type: Administration COMMENT Insulation Printed: 2/15/2019 4:06 PM Scheduled By: Keith Huckstep Inspectors Comments: Re -Inspection APPROVE REJECTED o In pectors Name Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 OF A/. TMP: 05000-00-00-04900 Owner: BUFTON. EVELYN & JOHN R MAUS "�9 - - Phone: Cell Phone: F PermitNumber:g2017-02431-NNR .;,,, New Owner: iliiGlN Power Company: Central Virginia Phone: Cell Phone: LegalDescription: jAcreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE__ _ Directions: 17380 GORDONSVILLE RD Work Description: LEW STRUCTURE FOR HOME OFFICE DateSchedu led: 2/5/2019 Type: Administration COMMENT Re -Inspection APPROVE REJECTED Insulation 1 � Printed: 2/4/2019 4:13 PM ` Scheduled By: Cindy Dotson Inspectors Comments: F 1r ❑ ❑ W actors Name {d G Zd Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 OF Al Owner: BUFTON. EVELYN & JOHN R MAUS r TMP: 05000-00-00-04900 Phone: Cell Phone: j Permit Number: B2017-02431-N N R New Owner: 19}�,IN1P Power Company: Central Viroinia Phone: Cell Phone. LegalDescription: ,Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: INEW STRUCTURE FOR HOME OFFICE DateScheduled: 1 /29/2019 Type: Administration COMMENT Re -Inspection APPROVE REJECTED Rough -in Mechanical Printed: 1/28/2019 4:14 PM Scheduled By: Eileen Wittwer Inspectors Comments: 1 c spectors Name Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 tioF Apt TMP: 05000-00-00-04900 J� e - Permit Number: B2017-02431-NNR �I[„91A Power Company: Central Virginia Owner: BUFTON. EVELYN & JOHN R MAUS Phone: Cell Phone: New Owner: Phone: Cell Phone. LegalDescription: 'Acreage Street Address �7380GORDONSVILLERD-GORDONSVILLE Directions: Work Description: rNEW STRUCTURE FOR HOME OFFICE Datescheduled: 1 /22/2019 Type: Administration COMMENT Re -Inspection APPROVE REJECTED t p ❑ ❑ ❑ Framing Walls �e-Jk �'la�m. 804 as 092� o L'n 4-'3" i `R'� Vq „'°�"`.1 s ] ❑ Inside Gas Line I` SL L �� ❑ ❑ Printed: 1/18/2019 4:13 PM Scheduled By: Eileen Wittwer l �y �� sp ctors Name Inspectors Comments: �� .7� C _ gt� ❑ Residential Inspection .p�, County of Albemarle - Inspections Division - (434) 296-5832 J��tiOF At TMP: 05000-00-00-04900 Owner: BUEON. EVELYN & JOHN R MAUS o r Phone: Cell Phone: m Permltliumber:B2017-02431-NNR New Owner: `IRGIN1t' Power Company: Central Virginia Phone: LegalDescription: !Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: _ �7380 GORDONSVILLE RD Work Description: 'NEW STRUCTURE FOR HOME OFFICE — DateScheduled: 1/18/2019 Type: Administration COMMENT Outside Gas Line Underground Tank Printed: 1/17/2019 4:13 PM Scheduled By: Eileen Wittwer Inspectors Comments: 1540_832o090 A_M. _ — Cell Phone: ,J 7-31 5 dw`A1t's` Re -Inspection APPROVE REJECTED Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 $ OF Al TMP: 05000-00-00-04900 Owner: BUFTON. EVELYN & JOHN R MAUS J Phone: Cell Phone. °' : Permit Number: B2017-02431-NNR New Owner: EjP Power Company: Central Virginia Phone: Cell Phone: LegalDescription: Acreage Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE 2 it DateScheduled 1/11/2019 Type: Administration COMMENT Re -Inspection APPROVE REJECTED Framing Walls 1tQs ' e04-432-OVO 4.P4 {t b,�t Rough -in Electric Rough -in Mechanical ILvAk la* Rough -in Plumbing Printed: 1/10/2019 4:16 PM Scheduled By: Eileen Wittwer Inspectors Comments: It'.1,o Nal�'e spectors d Residential Inspection County of Albemarle - Inspections Division - (434) 296-5832 OF TMP: 05000-00-00-04900 All Owner: BUFTON. EVELYN & JOHN R MAUS p - Phone: Cell Phone: . Permit Number B2017-02431-NNR New Owner: Power Company: Central Virginia Phone: LegalDescription: ACREAGE Street Address: 7380 GORDONSVILLE RD GORDONSVILLE Directions: 7380 GORDONSVILLE RD Work Description: NEW STRUCTURE FOR HOME OFFICE DateScheduled: 8/30/2018 Type: Administration COMMENT Footing iA.M. 804-432-0920 Preliminary Zoning .f _? 5_' 9—b/ S S — 10 Printed: 8/29/2018 4:11PM Scheduled By: Eileen Wittwer Inspectors Comments: Cell Phone: Re -Inspection APPROVE REJECTED �d ❑ Inspectors Name "County of Albemarle 1 c BUILDING PERN/T - Page ; TMP I 05000-00-00-04900 I Current BUFTON, On•negs) ..._..... _.___.. .Acres 2.40 Primary ;Rural Areas Zoning _ _. _ Building Permit=102017-02431—NNR Sub ,application Type Storage building/accessory structure (new or Street Address: 7360 GORDONSVILLE RD GORDONSVILLE, 22942 Private ....._........ Community Development Department 401 t•Aclntire Road Charlottesville. VA229D2-4596 Voice: 1434) 296-5832 Fax : {4341972-4126 R MAUS Major 5 Entered By: Jennifer Smith on 1011812017 Associated Building Permit Work Valuation Jurisdictional Area Other Foot / Found. Desc.: $ 48,000.00 No Service Work NEW STRUCTURE FOR HOME OFFICE Description: Directions 7 o GORDONSVILLE RD — Legal ACREAGE Description: Use Group �� Construction Type Square Footages: M of Stories 1 porches 504 Unfinished Basement let Floor 792 Decks Other Unfinished 2nd Floor Garage � Total Unished Sq. 504 3rd Floor � Swimming Pool Footace Finished Basement Other Habitable Total Habitable Sq. Footage 792 Total Building Sq. Footage 1296 Se[ Backs Zoning Pre -Construction? I Land Use? I Front Back Fire=.larms Required? I Bldg Pre -Construction? Leh Side Right Side r-� Fire Sprinkler PL-.PA Code;Year I I D' elling Units Accessory Structures Carports Bedrooms Garages Other F_7 buhon, evelyn E.john r maus i P 0 re e,[o-:recto* same�o..mer'agent Mobile%Prefab. Homes = Mobile OfFces�,Prefab. Units Baths 1.0 Paint Spray Booths e kitchens Shimming Pools'..Hot TuWSpas (Res. Only) Eleyators':Escalators':Lihs !dress __ City; State I Zip Cod V/ork Phone I Cell County of Albemarle BUILDING PERMIT - Page 2 Sub Application Type Storage Community DevelopmentDepartment 401 McIntire Road Charlottesville. VA22902.4596 Voice: 1434i 296-5832 Fax : 1434) 972-4126 Entered By: Jennifer Smith on 1011812017 Associated Building Permit Separate permits may be required for Electrical, Plumbing, Heating, Ventilating and Air Conditioning. This permit becomes null and void if work or construction authorized is not commenced within 6 months, or if construction or work is suspended or abandoned for a period of 6 months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the n erfnrmanre of rn n<tri irtinn By signing this building permit, the ownerand/or their agent hereby grant employees of the Albemarle County Community Development Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., holidays excepted. If you are not the owner of record, please check which applies: I certify that I am the agent for BUFTON, EVELYN & JOHN R MAUS ❑ , the Owner, and am authorized to submit this application on behalf of the Owner under the agency granted to me. I am neither the Owner nor the Owner's agent. I certify that written notice of this application, by providing a copy of this application, will be mailed to the Owner at the following address El within O BOX E GORDONSVILLE VA 22942 within 10 days of today's date as required by Virginia Code § 15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit or certificate related thereto could be determined to be void. S,aza..re Of Di. ^er. Co -:.,::or or h..:, _. : A,.. 7a - -a:.:re.f3-.:•; cfli_s or A.:•arxe: Recre;e,a:;- :)as ELECTRONIC RECORDS STATEMENT: Albemarle County is creating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1-479 et seq.). As an applicant to the Building Permit process, you may consent to receive, orhave online access to, electronic records and receive and create records having electronic signatures related to Buildinq Permits, Correspondence, Inspection Tickets and Certificates of Occupancy (the Buildinq Please initial here if you AGREEto receive and/or use electronic records and electronic signatures for Building Permit transactions. Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other transactions by electronic means. ? ply County of Albemarle Department of Community Development C l r 401 McIntire Road Charlottesville, VA 22902-4596 d k Building Application Inspection Line: (434) 972-4179 Voice: (434) 296-5832 Fax: (434) 9724126 TMP 50 — I�� M # Street Name Apt /Suite � Current ^ YYI Owner(s) ! I'I r Vt1 Work Class: ❑ Addition ❑ Alteration ❑ Demolition New ❑ Other ❑ Remodel Jurisdictional Area Work Valuation Work Description Directions Use Group Construction Type Frame Type: ❑ Concrete ❑ Masonr ❑ Other ❑ Steel ❑ Vin I 9 Wood Water Supply Type: Sewage Disposal Footing/ Foundation Ype: ❑ Artesian Well ❑ None ❑ ❑ None Private ❑ Crawl 5 ace ` ) ❑ Private ❑ Public ❑ ® Central Well ❑ 9 Other C 1.,. ❑ Public ❑ ❑ Slab ❑❑❑ Other Foot/ Found Desc.: Power Company, --� Square Footages: # of Stories Porches S� 1st Floor Decks 2nd Floor Garage ^ 3rd Floor —"� Swimming Pool Finished Basement -�' Unfinished Basement Other Habitable Other Unfinished Total Habitable Sit Footage 79f2- Total Unfinished Sq. Footage Total Building Sq. Footage Setbacks: J Zoning Pre -Construction? Land Use? Front Back Fire Alarms Required? Bldg Pre -Construction? 8 Left Side El Right Side Fire Sprinkler NAPA Code Year? 54a.41 y1 Dwelling Units L J Accessary Structures J Mobile / Prefab. Homes = Mobile Offices/Prefab. Units Carports Bedrooms Baths ED Paint Spray Booths Garages Kitchens 1 /��I Swimming Pools/Hot '--I--' Other Elevaturs/Escalaturs/L.ifu Tubs/Spas (Res. Only) Primary Contact Name ✓✓ n /f3�1 Phone# Street Name ,e Fax # City / State / �- �% Zip Code ZZr/ E-mail /t co ✓ Cellular# Owner/Ap cant ✓r Name Phone# Street Name Fax # City / State Zip Code E-mail Cellular # Mechanics Lien Name Phone# Street Name Fax # City / State Zip Code E-mail Cellular # General Contractor Name Phone# Street Name Fax # City / State Zip Code E-mail Cellular # SUB -CONTRACTOR INFORMATION — Business Name: License Types: State License # Locality License # mff Separate permits may be required for Electrical, Plumbing, Heating, Ventilating, and Air Conditioning. This permits becomes null and void if work or construction authorized is not commenced within 6 months, or if construction or work is suspended or abandoned for a period of 6 months at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provi- sions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. By signing this building permit, the owner and/or their agent hereby grant employees of the Albemarle County Community Development & Real Estate Departments the right to enter and inspect the subject property Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., holidays excepted. If you are not the owner of record, please check which applies: LEl 1 certify that I am the agent for The Owner, and am authorized to submit this application on behalf of the Owner under the agency I am neither the Owner nor the Owner's agent. I certify that written notice of this application, by pro- viding a copy of this application, will be mailed to the Owner at the following address: Within 10 days of today's date as required by Virginia Code § 15.2-2204(H). I understand that, if I do not provide the notice to the Owner as provided herein, the building permit application and every other subsequent approval, permit or certificate related thereto could be determined to be void. S' ture of Owner, C tractor, or Authorized Agent Date Signature of Owner. Contractor, or Authorized Agent Date ELECTRONIC RECORDS STATEMENT: Albemarle County is creating and using electronic records and electronic signatures as allowed by the Uniform Electronic Transactions Act (Virginia Code § 59.1-479 et. Seq.). As an applicant to the Building Permit process, you may consent to receive, or have online access to, electronic records and receive and create records having electronic signatures related to Building Permits, Correspondence, Inspection Tickets and Certificates of Occupancy (the Building Permit transactions). C Initials of Owner, Contractor or Authorized Agent Date Your agreement to conduct Building Permit transactions by electronic means does not prevent you from refusing to conduct other transactions by electronic means. l`I �31 Nub Page 1 of3 VDHDEPAVIRGIRTMENT Albemarle County Health Department DEPARTMENT 1138 Rose Hill Drive OF HEALTH Charlottesville, VA 22903 (434) 972-6219 Voice Protecting You and Your Environment (434) 972-4310 Fax PE Construction Permit Well and Sewage Contractors: Please notify Health Department and OSE or PE 48 hours prior to installation to arrange for inspection November 30, 2017 Evelyn Bufton 7380 Gordonsville Road Gordonsville, VA 22942 RE: Site Address: 7380 Gordonsville Road, Gordonsville, VA 22942 Tax Map/GPIN: 50-49 (Albemarle County) HDID: 101-17-0590 Reserve: 100% reserve area provided Usage Desscription: Detached office with bathroom Dear Evelyn Bufton : This letter and the attached drawings, specifications, and calculations (8 pages) dated November 15, 2017, constitute your permit to install a sewage disposal system and on the property referenced above. Your application for a permit was submitted pursuant to § 32.1-163.5 of the Code of Virginia, which requires the Health Department to accept private soil evaluations and designs from an Onsite Soil Evaluator (OSE) or a Professional Engineer working in consultation with an OSE for residential development. VDH is not required to perform a field check to verify the private evaluations of OSEs or PEs and such a field check may not have been conducted for the issuance of this permit. The soil absorption area ("site"), sewage system design, a were certified by Michael Craun, PE as substantially complying with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances). This permit is issued in reliance upon that certification. VDH hereby recognizes that the soil and site conditions acknowledged by this permit are suitable for the installation of an onsite sewage system. The attached plat shows the approved area for the sewage disposal system; there are additional records on file with the Albemarle County Health Department pertaining to this permit, including the Site and Soil Evaluation Report. This construction permit is null and void if any substantial physical change in the soil or site conditions occurs where a sewage disposal system is to be located. If modifications or revisions are necessary between now and when you construct your dwelling, please contact the OSE/PE who performed the evaluation and design on which this permit is based. Should revisions be necessary during construction, your contractor should consult with the OSE/PE that submitted the site evaluation or site evaluation and design. The OSE/PE is authorized to make minor adjustments in the location or design of the system at the time of construction provided adequate documentation is provided to the Albemarle County Health Department. The OSE/PE that submitted the certified design for this permit is required to conduct a final inspection of this sewage system when it is installed and to submit an inspection report and completion statement. As the owner, you are responsible for giving reasonable notice to the OSE/PE of the need for a final inspection. If the designer is unable to perform the required inspection, you may provide an inspection report and Tax Map/GPIN: 5049 Page 2 of 3 HDID:101-17-0590 completion statement executed by another OSE/PE. The Albemarle County Health Department is not required to inspect the installation but may perform an inspection at its sole discretion . No part of this installation shall be covered until it has been inspected by the OSE/PE as noted herein. The sewage system may not be placed into operation until you have obtained an Operation Permit from the Albemarle County Health Department. This Construction Permit is null and void if conditions are changed from those shown on your application or if conditions are changed from those shown on the Site and Soil Evaluation Report and the attached construction drawings, specifications, and calculations. VDH may revoke or modify any permit if, at a later date, it finds that the site and soil conditions and/or design do not substantially comply with the Sewage Handling and Disposal Regulations, 12 VAC 5-610-20 et seq., or if the system would threaten public health or the environment. This permit approval has been issued in accordance with applicable regulations based on the information and materials provided at the time of application. There may be other local, state, or federal laws or regulations that apply to the proposed construction of this onsite sewage system. The owner is responsible at all times for complying with all applicable local, state, and federal laws and regulations. If you have any questions, please contact me. This permit expires: June 01, 2019. This permit is not transferable to another owner or location. Sincerely, Josh Kirtley Environmental Health Technical Specialist Albemarle County Health Department CC: Craun, Michael PE Tax Map/GPIN #: 5049 HDID#: 101-17-0590 WHAT YOU WILL NEED TO GET YOUR SEPTIC SYSTEM OPERATION PERMIT Page 3 of 3 • Your system must have a satisfactory inspection at the time of installation. This will be done by either a representative of the local Health Department, a private OSE, or a PE, depending on the designer of your permitted system. If your system is designed/inspected by an OSE or PE, they must submit a copy of the inspection results, complete with an as -built diagram, to the Health Department. a Please ensure that your contractor turns in a Completion Statement to the local Health Department after installation. • If your permit is for an alternative system, you must sign, have notarized, and record the attached Notice of Recordation in your locality's land records. Please bring proof of this recordation to the local Health Department Allow 5 business days after the last piece of documentation is received for the Operation Permit to be issued. To avoid delays, clearly label each piece of documentation with the property Tax Map/GPIN number and HDID number shown above and on your construction permit. Please note that due to the individual circumstances ofyour permit there may be additional required items not covered by this checklist. If you have any questions about any of the items on this list, please do not hesitate to contact the Albemarle County Health Department at (434) 972-6219. Albemarle County VIRGINIA DEPARTMENT OF HEALTH Louisa County ' PO Box 7546 Thomas Jefferson Health District PO Box 336 i Charlottesville, VA 22906 Revised March 29, 2D09 Louisa, VA 23093 (434) 972-6219 - Office (540) 967-3707 - Office (434) 972-4310- Fax ENVIRONMENTAL HEALTH SERVICES (540) 967-3733 - Fax Fluvanna County Greene County Nelson County PO Box 136 Palmyra, VA 22963 PO Box 38 p v, r� PO Box 98 rl,n.. n^L y Slanardsville, VA 22973 ,� L �tJll b' ingston, VA 22949 (434) 591-1965 - ONice (434) 985-2262 -Office (434) 263.4297 - Office (434) 591-1961- Fax (434) 985-4822 - Fax 434) 253-4304 - Fax REQUEST FOR NEWCONSTRUCTION WITH EXISTING SEWAGE DISPOSAL AppTt'113 e I Agent's Name I elan ,+V) `7 � ,l ),e 1 City lI __ State zip City State Zip �rd.QIYfSM% e A Z?- q .1�5O Q rections to r: Lot sI-+ -, 13I NNe 1 r , PLEASE ANSWER THE FOLLOWING QUESTIONS Circle One 1.) Was your septic system installed and approved within the last 10 Years? YES 2.) Does proposed addition or replacement come within 20' of the drain field or reserve area? 3.) Does proposed addition or replacement come within 50' of your well? YES NC 4.) Are there wet spots in your yard, slow running drains, backups, or discolored spots in lawn? YES ND By signing this statement you are requesting that the Environmental Health Specialist evaluate your system and are granting i im/Jae rmission to enter your property. if a site visit is needed, you may be required t uncoverVour epylg tank and distribution box lids. SEE PAGE 2 FOR HEALTH DEPARTMENT FINDINGS PAGE 1 of 2 PAGE 2 of 2 HEALTH DEPARTMENT USE ONLY Site Visit WAS NOT made and existing water supply WAS NOT evaluated, unless otherwise noted under comments. ADEQUATE DESIGN A review of our records indicate the existing sewage disposal system (SIDS) and reserve area (where indicated) appears to be adequately designed for the proposed use. This does not imply that the existing SDS will continue to function properly for any minimum period. No conflicts were noted when the attached site plan (including footprint) was compared to those records. Exact locations may vary from records and it is suggested that the exact location of the SDS be confirmed before beginning construction. INADEQUATE DESIGN Existing SDS inadequate. Applicant must apply at the Health Department for a sewage disposal construction permit. Permit must be issued and a copy submitted to building inspections before Building/Zoning permit is issued. T DRAWING: COMMENTS: 'C'< I'J'n; t9r Ioo11S �Cxnd»E✓tg.c c1.es,t�r�eb• pl�s� 600 ✓D H )--D lB l — 6 i `O`f`fa /"a✓ w l ✓a .i"1 Bc,�T_L✓, /e-• y � ealth :D::e::p!a::r:A:v:*�nfD fficial 3owo�►> Date Revised March 29. 20D9 A>, �IRGIN�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 CONTRACTOR/SUBCONTRACTOR LICENSURE EXEMPTION AFFIDAVIT Section 108.4 of the Virginia Uniform Statewide Building Code requires that any person applying for a building permit be duly licensed as a contractor/subcontractor under the terms of Chapter 11 of Title 54.1 of the Code of Virginia, or be exempt from such licensure. "Contractor" means any person, that for a fixed price, commission, fee, or percentage undertakes to bid upon, or accepts, or offers to accept, orders or contracts for performing, managing, or superintending in whole or in part, the construction, removal, repair or improvement of any building or structure permanently annexed to real property owned, controlled, or leased by him or another person or any other improvements to such real property. I have applied for the building permit identified above. I affirm that I am familiar with the Virginia Uniform Statewide Building Code requirement for contractor/subcontractor licensure under the terms of Chapter 11 of Title 54.1 of the Code of Virginia, and that I am exempt from such licensure. The basis for my exemption is the following (applicant must initial at least one): 1. The work is performed by a government agency with its own forces 2. The work is bid upon or undertaken for the United States armed services under the Armed Services Procurement act 3a' The work is bid upon or undertaken for the United States government on federal property 4: The work is bid upon or undertaken for the Virginia Department of Transportation on state highway and/orbridges, 5. The dpplicant is excluded by another law, such law being: 6. The applicant is a material supplier rendering advice but not providing construction or installation se es 7. e applicant is performing or supervising work on no more than one primary residence owned by ji er for his/her own use during any 24-month period 8. _ The applicant is performing or supervising work on his/her own property as a gift to an immediate family member, provided that such family member (mother, father, son, daughter, brother, sister, grandchild, grandparent, mother-in-law or father-in-law) lives in the house 9. _ The applicant is performing or supervising work on industrial or manufacturing facilities, or on a commercial or retail building for his/her own use 10. _ The applicant is performing or supervising work on residential dwelling unit(s), subject to the Virginia Residential Landlord and Tenant Act, owned by him/her 11. _ The applicant is an owner -developer, provided that any third -party purchaser is made a third -party beneficiary to the contract between the applicant and a licensed contractor whereby the contractor's obligation to perform the contract extends to both the applicant and the third -party purchaser 12. _ The work is undertaken by students as part of a career and technical education project, established by any school board, on the construction of portable classrooms or single-family homes I understand that any reference to me in this document also includes the company or entity that 1 own, work for or represent. I understand that even if I am exempt from licensure pursuant to the provisions of Exemptions 7, 8, 9, 10, 11 or 12 above, I must comply with all other provisions of the Virginia Uniform Statewide Building Code. I understand that even if I am exempt from licensure pursuant to the provisions of Exemptions 7, 10, 11 or 12 above, I shall obtain a certificate of occupancy, or other evidence of building code compliance, prior to conveying the property described in the building permit application to a third -party purchaser, unless such purchaser has acknowledged in writing that no certificate of occupancy, or other evidence of building code compliance has been issued and that such purchaser consents to acquire the property without a certificate of occupancy or other evidence of building code compliance. I understand that working without a valid contractor's license, or without being duly exempt from such licensure, subjects me to criminal prosecution. ne - printed) (applicant's signature) Signed and sworn to before me by: tvA u n 1 F X 1 (applicant's name — printed), COMMONWEALTH F V`R CITY/COUNTY Orrll n Svf ,,`��uuurrrrr ��P\STINf�r,� ��;� SNP 9�G y, •• # S �w%��EGM95�ON'z= �� MNEAL `, The foregoing instrument was acknowledged before me this _day ofozLo�, 20 1 My Commission Expires: ary ublic Revised: 05/2011 F Construction ❑ Repair Permit Permit OSE/PE Report For: ❑ Voluntary Upgrade Permit Certification Letter Page of 0 ❑ Subdivision „ 1 Apprpval Property Location: r d 911 Address: 7380 Gordonsville Rd. City: Gordonsville Lot Section Subdivision GPIN or Tax Map # TM 50-49 Health Dept ID # 01- 11-015 q 0 Latitude Longitude Applicant or Client Mailing Address: Name: Bufton, Evelyn & John R Maus �n^ Street: P O Box E ko J City: Gordonsville State VA Zip Code 22942 Prepared by: OSE Name License # Address City State Zip Code PE Name Michael F Craun License # 036859 Address 2036 Forest Drive City Waynesboro State VA Zip Code 22980 Date of Report 11/16/17 Date of Revision OSE/PE Job # 1317057 Date of Revisio Contents/Index of this report (e.g., Site Evaluation Summary, Soil Profile Descriptions, Site see table of contents on next page Plans - 11 "x17" - Separate - 5 pages Certification Statement I hereby certify that the evaluations and/or designs contained herein were conducted in accordar the Sewage Handling and Disposal Regulations (12 VACS-610), the Private Well Regulations (12 V) Alternative Onsite Sewage Systems (12VACS-613) and all other applicable laws, regulations and p Department of Health. I further certify that I currently possess any professional license required t Commonwealth that have been duly issued by the applicable agency charged with licensure to pe ❑The work attached to this Aver page has been conducted under an exemption to the practice of engineering, specifically the exemption in Code o irginia Section 54.1-402.A.11 I recommend that a (select one): onstruction permit Ocertification letter ❑ subdivision approval []be (select one) Issued ❑� r air permit © voluntary upgrade Denied ❑ OSE/PE Signature __ Date I//' o; --I� NJC This form contains personal information subject to disclosure under the Freedom of Information Act. Revised 12/1/2014 Table of Contents Cover page/Certification Statement Table of Contents Application Page Supplemental Calculations Page Z- off EM Dominion Commonwealth of Virginia Application for: ❑✓ Sewage System ❑Water Supply Owner Bufton, Evelyn & John R Maus Mailing Address P O Box E Gordonsville, VA 22942 Agent Mailing Address Site Address 7380 Gordonsville Rd Gordonsville, VA 22942 Directions to Property: Subdivision Tax Map TM 50-49 Section Other Property Identification Sewage System 3�6 VDH Use only Health Department ID# Due Date Phone Phone Fax Phone Phone Fax Email lynbuffon @g m ail. com Block Lot Dimension/Acreage of Property 2.4 acres Type of Approval: Applicants for new construction are advised to apply for a certification letter to determine if land is suitable for a sewage system and to apply for a construction permit (valid for 18 months) only when ready to build. ❑Certification Letter E] Construction Permit ❑ VoluntaryUpgrade pg rade [I Repair Permit Proposed Use: Single Family Home (Number of Bedrooms 2 ) Multi -Family Dwelling (Total Number of Bedrooms Other (describe) Addition of an office with an office bathroom - minor modification Basement?E]Yes[iNo Walk -out Basement?❑Yes[ lNo Fixtures in Basement❑YesE]NO Conditional permit desired?❑Yes[D4o If yes, which conditions do you want? ] Reduced water flow ❑ Limited Occupancy ❑ Intermittent or seasonal use ❑ Temporary use not to exceed I year Do you wish to apply for a betterment loan eligibility letter'43YesE]No *There is a $50 fee for determination of eligibility. Water Supply Will the water supply be❑Public orE]Private? Is the water supplyE]Existing or❑Proposed? If proposed, is this a replacement well? []Yes E]No If yes, will the old well be abandoned? ❑Yes E]No Will any buildings within 50' of the proposed well be termite treated? E]Yes []No Is this a private sector OSE/PE application? E]Yes ❑No If yes, is the OSE/PE package attached? []Yes ❑No Is this property indeed to serve as your (owners) principal place of residence? []Yes E]No VDH to process your application for a sewage system you must attached a plat of the morerty watrr auppucs, a PIdL ui Inc pmpeny is recommenaea and a site sketch is required. The site sketch should show your property lines, actual and/or proposed buildings and the desired location of your well and/or sewage system. When the site evaluation is conducted the property lines, building location and the proposed well and sewage sites must be clearly marked and the property sufficiently visible to see the topography. I give permission to the Virginia Department of Health to enter onto the property described during normal business hours for the purpose of processing this application and to perform quality assurance checks of evaluations and designs certified by a private sector Onsite Soil Evaluator or Professi 'neer necessary until the sewage disposal system and/or private water supply has been constmcted and approved. Signa[urWfner Ag t D' Date This form contains personal information subject to disclosure under the Freedom of Information Act. Revised 12/1/2014 Page q of u Supplemental Calculations Project Narrative An office is being added to the property. The office will typically have one or two occupants. There will be one convenience bathroom in the office. The sewer cannot flow by gravity to the septic tank. A sewage lift pump chamber located outside the garage will be used to lift the wastewater to the septic tank. To aid the septic tank in holding back solids, an effluent filter will be added. No expansion of the current septic permit is being requested. Total Nitrogen Removal Calculation (per GMP 156) N/A Treatment Level Septic Tank Effluent Sewage Lift Pump and Tank — One 24" diameter pump basin, 50" tall will be used as a sewer ejector lift pump basin. The pump operation will be automatic through an integrated float. A separate alarm will be used to signal a high level event. Pump tank requirements such as storage above alarm, minimum storage volume, and manual over ride are waived for this design. Deviation from regulation justification: • The sewage ejector only serves one convenience bathroom in the office. If the sewage ejector malfunctions, the owner has other bathroom facilities in the main house to use. 24" diameter 1.96 gallons per inch Invert in @ 24" Alarm Float = 20" Pump On - 14" Pump Off - 6" Pump Volume = 15.7 gallons Alarm Storage = 8 gallons 4 Page S� of Pump Size Calculation Job Description: TM 50-49 Pump: Sewage Pump Prepared by: MFC Date: 11/15/2017 Worksheet - Pump Sizing A) Desired Pump Capacity 35.00 gpm B) IPipe size 2 inch C) IPressure loss in 100 ft. of pipe 0.89 psi D) I Friction head in 100 ft. of pipe 2.06 ft. E) Static head i) Height from pump to tank outlet 4 ft. ii) Elevation increase or decrease 4 ft. F) Total static head 8 ft G) I Friction head i) Equivalent length of fittings 125 ft. ii) Distance from pump to outlet 315 ft. ii) Total equivalent length of pipe 440 ft. iv) Total effective feet 9.04596 ft. vi) Headloss through Water Meter 0 ft. 10 psi IH) vii) Headloss through Zone Valve 1 0 ft. 0 psi viii Head at PM 0 ft. 0 psi Total friction Head 9.04596 I) Total dynamic head 17.05 ft. J) Minimum pump capacity 35.00 gpm K) Estimated Velocity 3.82 fps L) Choose the pump Little Giant 10SN (35 gpm @ 19') 6 (S I " IwLittleGMT 10SN SERIES -112 HP Sewage and effluent wastewater transfer, dewatering ■ Permanent Split(apadtor(PSC) ■ Energy -saving low amp draw ■ Designed for continuous duty ■ 2" FNPT (51 mm) and 3" FNPT (76.2 mm) discharge models ■ Handles solids up to 2" (51 mm) diameter ■ Multiple switch options for automatic operation ■ 140 OF (60 a() liquid temperature rating ■ c(SAus listed - 115 60 9.5 17 1000 120 1 95 1 70 25 10.9 208/230 50/60 45 7.5 900 120 1 95 1 70 1 25 1 10.8 511346 IOSN-CIA-SFS 1/2 115 2" I0e9r1Snap-Actlon Float 1 9"-12" 3"-6" 20' 375lbs 2226 cm-30A8 cm 762 cm-15.24 cm 6.1m 175 Kg i 511323 10SN-CIA-RF 1/2 05 Y Piggyback Mechanic al Float 9-"cm6l 6" 10' 36.5lbs 22.86 cm.14 cm 6.1m 16.56 Kg 511326 10SN-CIA-RF 1/2 115 3" Piggyback Mechanical Float 9"" 20' 375lbs 22.86 cm.24cm 6.1m 17.5 Kg511344 tOSN{IM 1/2 NS 3" Manual 20' 36.5lbs6.1 m 16.56 Kg511322 10SN-CIM 112 115 2" Manual 20' 35.51bs6.1 m 16.1 Kg511328 10SN-CIM 1/2 208-230 2" Manual 20' 36Ibs6.1 m 16.33 Kg511345 10SN-CIM' V2 208-230 3" Manual 20' 36Ibs 6.1 m 16.33 Kg 86 10SN SERIES -112 HP it 10SN-CIA-0 r�/i�'f11IG L1f,I, _ LPM 0 I00 200 30 5 0 Is 16 s 0 6 2 g 0 20 40 60 CAPACITY - GPM H / v SEWAGE PUMPS IOSN-CIA-RF IOSN-CIA-SFS 13.12" 1054' 9.25" 33.33 cm 26.77 cm 23.5cm IOSN-CIA-RF 11.4" 11.64" 6.8" 28.96cm 29.5 cm I7.2P in 10SN-CIM DA" 11,64' 6.8" 28.96 cm 29.5 cm 12Z7cm 360 400 80 100 9 6 3 -td�� `Ifs Cover cast iron/o lasticMotor Housingcoated cast ironIm eller Materialplastic elastomerImpeller Typegvolute VEpoxy-coatedcoated coated cast ironMechanical Shaft Seaith carbon and ceramic Fasteners s steel Shaft jb'ep'l Bearings pI rsinteredsleveandlower ll bearin s Power Cord SJTW"SJTOW -un»s models '- On 30' IOSN-(IA-RF and IOS11-014 models Franklin Electric Hotline: 1.&00.701.7894 1 w ..lidlegianl.mm LittleGUNT r ACCESSORIES APPLICATIONS ■ Indoor high water alarm FEATURES u owi ■ NEMA 1 thermoplastic enclosure ■ Mechanical float switch with 15 ft (4.6 m) cable ■ Alarm has red LED warning light, horn with silence switch, and test button ■ 9 VDC battery backup ■ UL and CSA listing 513288 HWAB 115 8, 1.83 m 0-o14•I0 li't s�.d&�i°F APPLICATIONS _ ■ Switch repair kit FEATURES ■ Easy -to -install, NEMA 1, 3/4 hp device ■ Low-cost alternative to conventional duplex control panels ■ Operates two manual sump, sewage oreffluent pumps ■ Alternates to standby pump if energized pump fails to turn on ■ Audible alarm and red light indicator ■ Operates single-phase pumps with 15 max. run amps ■ cULusIisting 513289 1 IDC-115 115 15 .9 29. m APPLICATIONS ■ Indoor/outdoor high water alarm w FEATURES { ■ Type 3R watertight thermoplastic enclosure ■ Mechanical float switch with 15 ft (4.6 m) (able ■ Alarm has red warning light, horn with silence switch, and test button ■ Includes pre -mounted terminal block so enclosure can also be used as a junction box ■ UL and (SA listing 513273 1 3031iWXr 115 P lr 1 `Y I1�FI},f e♦Lt,,� APPLICATIONS ■ Remote water sensor and alarm .•• ■ Warns of leaks and overflows in bath, kitchen, laundry, attic, basement, or anywhere there is a ....� potential for leaks to occur FEATURES ■ Remote sensor detects water and sounds alarm ■ 85 decibel alarm sounds for three days ■ Sensor and alarm can be placed up to 6 ft apart ■ Sensor has both suction cup and adhesive to secure in place ■ Includes wall mounting hardware ■ Space saving design ■ Circuit test/reset button ensures system is working ■ Low battery signal when battery needs replaced ■ Requires one 9 V battery (not included) 1 513379 1 HW-9 I 9wDC 1 128 Sewage Disposal System Minor Modification Design THIS PLAN IS BEING SUBMITTED UNDER PROVISION 32.1-163.6 OF THE CODE OF VIRGINIA AND DOES NOT POSE A GREATER RISK OF MALFUNCTION AS DEFINED IN THE SHDR 350 THAN CURRENT REGULATORY DESIGNS. TM 50-49 7380 Gordonsville Rd A � a Gordonsville, VA 22942 2.4 Acres Burton, Evelyn & John R Maus POBox E Gordonsville, VA 22942 300 gallon per day system (2 BDR) STE New Sewage Ejector Station Existing 1000 Gallon Septic Tank with effluent filter Existing Drainfield IAWW �P T OF �� 0 Page M CHAEL CRAUN Specifications 2 LICENSE No. 9 Site Plan 3 03685 \�o lr 5 Septic Tank Details 4 `ass0 Sewage Pump Details 5 ti�i40,AW� M1 Old Dominion Engineering 2036 Forest Drive Waynesboro, Va 22980 Phone: (540) 942-5600 email: olddomeng@ntelos.net General 1. Modifications or substitutions to the specified equipment or layout must be approved by the engineer. 2. The contractor should inspect the site prior to submitting an estimate to the owner. Any potential conflicts should be reported to the engineer. By submitting an estimate the contractor indicates that he has investigated the site and has found no discrepancies with the plans and specifications. 3. A preconstruction conference is mandatory before starting installation of the system. Contact engineer to discuss important aspects of installation. The engineer will not certify the system at the final inspection unless a preconstruction conference is done prior to installation. 4. A final inspection is required — The installation must pass inspection by the engineer. Notify the engineer of the planned inspection date in advance. Prior to final inspection the contractor should shoot all invert elevations and take as -built triangulation measurements. The contractor shall provide as -built measurements to all components of system to the engineer at the final inspection. The OWNER is responsible for paying the engineer's inspection fees. 5. If adverse subsurface conditions are encountered (rock, groundwater, utilities, etc.) contact the engineer. 6. If site conditions vary contact the engineer. 7. The contractor is responsible for maintaining all set back distances as required by local ordinances and health department and payment for all inspections by health department. 8. Installation shall be in accordance with Virginia Department of Health Sewage Handling and Disposal regulations and in accordance with erosion and sediment control guidelines. 9. A separate Project Manual contains calculations, equipment cut sheets, etc. A separate package contains AOSE soil information. 10. Notify "MISS Utility" prior to excavation. Gravity Sewer/Effluent Main/Force Main 1. Gravity sewer from the office to the sewage ejector tank is 4" SCH 40 PVC sewer. Cleanouts every 50'. 2. Effluent mains shall be 4" schedule 40 PVC and have a slope of 6" per 100' minimum. 3. Force main and pressure piping shall be 2" Schedule 40 PVC. L 1 H OF`� � 2 o M CHAEL F. CRAUN LICEN E NO. BONA i DA i Septic Tank 1. Septic Tank - existing. Check tank to make sure it is not leaking and check tees for alignment. The tank and all seams shall be waterproof • 2. The access port on the outlet end of the tank shall have a 24" waterproof riser. The riser shall be attached to the tank and sealed.. Riser shall reach the surface and shall be covered at the surface with lockable, watertight lids. 3. Zabel A300 12x20-VC-Ball effluent filter on tank. Garage Sewage Ejector Tank 1. 24" diameter Polylok Basin with 24" Heavy Duty Lid. 50" min height. Basin to be waterproof. 2. Pipe penetrations to be waterproof with Polylok grommets. 3. Inlet to tank shall be 4" SCH 40 PVC. Outlet is 2" SCH 40 PVC. 4. The risers shall extend 2" above final grade and shall be covered at the surface with a plastic, lockable, watertight lid. The risers shall be 24" in diameter. 5. If rock is encountered in the tank hole then tank shall be bedded with 8" #68 stone. Tank shall be backfilled in layers with sufficient compaction (> 95% compaction) to avoid settling. Backfill material shall be free of debris and large stones. O 6. Tank shall be backfilled in layers with sufficient tamping to avoid settling. Backfill material shall be free of debris and large stones. • Sewage Ejector Pump • 1. Little Giant IOSN-CIA-RF (1/2 HP). Pump shall deliver 35 gpm @ 19 ft. Pump operation is to be controlled by an integrated piggyback float. Hardwired electrical connection in waterproof junction box. 2. Install 3/16 vent hole location before check valve per Little Giant recommendation O Alarm Panel 1) Indoor/Outdoor Little Giant Alarm 303HWXT Alarm (513273). Alarm to be installed on office. Alarm to be audiovisual and controlled by float. All electrical connections shall be hardwired in a waterproof junction box. 12 Project Notes/Specifications 1317085 Notes: 1. Exact location of tanks will vary based upon topography and landscaping. 2. Provide Engineer with proposed as -built triangulation measurements at preconstruction conference. / 3. Before pricing system installation, the contractor shall inspect the site and verify dimensions, elevations, and layout of system. 4. Separation distance between building and septic tank, pump tank, header line or force main: 10' - when located below basement floor 20' - when located above basement floor 5. 5' separation distance between property line or easement from any septic or dripfield component 6. 15' separation to power lines. 7. 50' separation from lift station or farce main and well. LAST 5' OF FORCE MAIN IS 4" SCH 40 PVC. ENTER MAIN SEWER WITH 4" SCH 40 PVC WYE EXISTING 1000 GALLON TOP SEAM SEPTIC TANK NEW 24" RISER NEW ZABEL A300 12X20-VC-BALL DETAIL 4-1 CLEANOUT I I EkISUNG I DRAfNFIELD 1 \ 4" SCH 40 PVC 2^ SCH 40 PVC 2BDR House EXISTING IIIC WELL i i i i i i i � O GOAD i Izz OFFICE WM'I'rCHL' H OF 11� CD F. CRAUN LICENSE NO. 036859 1``—/CNA L Ar SEWAGE EJECTOR 24" POLYLOK BASIN 50" HIGH (MIN) LITTLE GIANT I OSN-CIA-RF PUMP LITTLE GIANT HIGH WATER ALARM DETAIL 5-1,2 4" SCH 40 PVC CLEANOUT Sewage Disposal Site Plan TM 50-49 7380 Gordonsville Rd Gordonsville, VA 22942 Scale 1 — 50 O M Revision 1317085 HOUSE AND — OFFICE HOUSE AND - OFFICE i HIGH PRESSURE SEAL', (ASTM 1227) (ASTM 923 CONSEAL CS-102 (ASTM C-990) USE SILICON ADHESIVE BETWEEN RISER JOINTS BRING TO JUST BELOW GRADE OF EXISTING SLATE PATIO WITH EZ SET POLY RISERS SECTION VIEW NOTES: 1. SEPTIC TANK IS EXISTING 1000 GALLON CONCRETE TANK 2. CHECK INLET - PER VDH SEWAGE DISPOSAL and HANDLING REGS 3. OUTLET WITH NEW EFFLUENT FILTER AND RISER 4. TANKS PENETRATIONS MUST BE WATERPROOFED AND NOT LEAK. SEAL PIPE PENETRATIONS 5. 24" PLASTIC RISER ON OUTLET SIDE OF TANK. D BOX DRAINFIELD 5,000 PSI REINFORCED CONCRETE SCREW DOWN RISERS WITH STAINLESS STEEL SCREWS /HIGH PRESSURE SEALS " STM 1227) (ASTM 923) D BOX DRAINFIELD ZABEL A300-12x20 VC -BALL EFFLUENT FILTER EXTEND HANDLE TO UNDERSIDE OF RISER LID 1000 GALLON MID SEAM SEPTIC TANK SECTION VIEW Not To Scale �� OTIH � o�� ' jAr HAEL F. (CRAUN LICENSE NO. 036859 / �L E Ar Septic Tanks Details 1! 1317085 BRING TO 2" ABOVE GRADE POLY RISERS AND LID 24" HEAVY DUTY POLYLOK RISER COVER 2" UNION AND 2" BALL VALVE POLYLOK 24" DIAMETEI POLYLOK WATER TIGHT GROMMET OFFICE High 1, LITTLE GIANT IOSN-CIA-RF SEWAGE PUMP AUTOMATIC NOTES: 1. SEWAGE EJECTOR PUMP TANK IS NEW 24" DIAMETER X 50" DEEP POLYLOK BASIN 2. INLET - 4" SCH 40 PVC, OUTLET - 2" SCH 40 PVC 3. TANKS PENETRATIONS MUST BE WATERPROOFED AND NOT LEAK; USE POLYLOK GROMMET. 4. 24" RISER ON TANK. 5. STRAP ALL PIPING TO TANK WITH PLASTIC STRAPS AND STAINLESS STEEL ANCHORS 6. FLOAT HEIGHTS WILL NEED TO BE ADJUSTED IF TANK DIMENSIONS VARY FROM 1.96 GAL PER INCH 7. EASY ACCESS TO VALVES AND UNIONS 24" SEWAGE EJECTOR PUMP TANK OxeRGIOLIFAMATA POLYLOK WATER TIGHT GROMMET EXISTING 4" SEWER TO SEPTIC TANK )sive lift rope PUMP ON/OFF Not To Scale 2 Polylok 24" Basin One - 4" penetration (4" Polylok Grommet) One - 2" penetration (2" Polylok Grommet) One - V penetration (I" Polylok Grommet) Water test prior to backfill Pipe penetrations in designated spot Connect segments per Polylok Installation Instructions REW DOWN RISERS WITH TAINLESS STEEL SCREWS 24" POLYLOK BASIN SECTION VIEW PL OFF` o o � MICHAEL F. CRAUN LICENSE NO. o� C 10318�9_ `S/CNA L \� Not To Scale Sewage Ejector Details 5 1317085 2 x (, �oti•� f��-h�-- eieweh. J 1 � •- F - Y ALL WORK SUBJECT TO FIELD INSPECTION jQ0 I I - a`*4?1 XNIt vi vA vsoll" C- 01,11V