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HomeMy WebLinkAboutLZC201900017 Action Letter 2019-08-26Lp r COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 30, 2019 Amy Leonard Partner Engineering and Science, Inc 611 Industrial Way West, Suite A Eatontown, NJ 07724 RE: LZC201900017 - Parcel ID 07800-00-00-049GO (2.03 Acres) and Parcel ID 07800-00-00 004BO (2.08 Acres), 2390 Hunters Way, Charlottesville, VA 22911 (the "Property"), Owner - Hathaway Properties LLC 6427 Handy Lane, Richmond, VA 23226 Dear Amy Leonard: In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised of the following: The Property is zoned Light Industry - LI per Zoning Map Amendment ZMA198600009, approved December 17, 1986 with proffers. The permitted uses of the Property are provided in Section 27 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). Additionally, certain uses have been specifically identified in the proffers as not being permitted. The Property is subject to the Entrance Corridor Overlay District as described in Section 30 of the Zoning Ordinance. • The existing uses of retail/wholesale/warehouse/office are by right uses within the LI zoning district. • "Area Regulations," as you described in your request letter, are provided in Section 26 of the Zoning Ordinance. • There are no additional Special Use Permits, Variances, Special Exceptions, or conditions associated with the Property. • Outdoor storage requires a Special Use Permit outlined in Section 26 of the Zoning Ordinance. The Property does not have a Special Use permit for outdoor storage. • The Property is subject to site plan SDP198700036, approved August 11, 1987. The Property appears to be developed in accord with these plans. • The building located at 2390 Hunters Way does not comply with the existing area regulations for the LI district because there is a property line crossing the building. August 30, 2019 LZC2019-00017 Page 2 This situation does not comply with the Zoning setbacks and the building should not have been constructed to allow for a property line to cross through it. This can be seen on the linked Zoning Map. • A Boundary Line Adjustment plat ("BLA") should be applied for to combine Parcels 07800-00-00-049GO and 07800-00-00-004130. It appears that a BLA Plat was submitted (SUB198700167) for review, but the approved plat was never recorded. The approval and recordation of a new BLA would correct the issue of the buildings identified in the previous bullet. • In the event of casualty, in whole or in part, any building located on the Property may be rebuilt per the approved Site Plan once a BLA has been approved and recorded. • This office has no record of an open violation for the Property. That said, the building identified as 2390 Hunters Way is considered to not comply with the side property line setback for the LI Zoning District and the possibility exists that the Certificate of Occupancy for this building may be revoked, by the building official, if the situation is not corrected with a recorded BLA. • Any change of use which require site or building modification or additions are required to comply with the applicable zoning, subdivision, building and water protection laws in the future. • Copies of any applicable records may be obtained via the noted links or from this office with a request through the department's Records Manager, Paul Bjornsen, at pbiornsen(aD-albemarle.org once they have been approved or issued. Please contact me if you have questions or require additional information. Sincerely, Kevin McCollum Planner Designee to the Zoning Administrator Attachments: Links shown can be copied and pasted into web browser Zoning Map — http://gisweb.albemarle.org/GPV 51 /Viewer. aspx?state=640750361861 County Code Website — http://www.albemarle.org/department.asp?department=ctyatty&relpage=2127#zoninq 2390 Hunters Way nowLegend (Note: Some items on map may not appear in legend) Parcel Info ❑ Parcels 78-49G 2390 79-4B 78-49 F 794C 2400 �- I ti.Uln-ers Way 94ft 79-4M i— _ .�rAeF �� II f GIS-Web Geographic Data Services WWW.albemade.org/gis (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 30, 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)