HomeMy WebLinkAboutLOD201900026 Letter of Determination 2019-11-06�'IRGINZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 6, 2019
Christopher Perez, Senior Planner
Planning Division
Albemarle County Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF NONCONFORMITY — Dorrier Drive BLA at TMPs 06200-00-
00-024BO & 06200-00-00-031 AO ("the Property")
Mr. Perez:
In response to your request for confirmation of nonconformity of the Property on Dorrier Drive, I have
consulted with the Zoning Administrator and the County Attorney. It is my official determination that the
current uses of TMP 06200-00-00-024BO as a multiple -family structure and TMP 06200-00-00-031A0
as a stand-alone parking lot are nonconforming uses under Albemarle County Code 18-6.2, and that
TMP 06200-00-00-031AO is also a nonconforming lot under Albemarle County Code 18-6.4.
Additionally, it is my determination that the Boundary Line Adjustment (BLA) requested under
SUB201900149 would decrease the total nonconformities of the Property and may be pursued under
Albemarle County Code 18-6.1.
Background
Establishment of Nonconforming Use
On January 11, 1979, prior to the establishment of the Rural Areas district, the Albemarle County Board
of Zoning Appeals approved the application for Variance 78-75. This application, VA-78-75, requested
relief from a prior County requirement of 60,000 square feet per dwelling unit, to permit an existing, non-
conforming six -unit apartment building at TMP 06200-00-00-024130, and to permit an additional two units
to be added to the structure. The Board of Zoning Appeals approved VA-78-75 with the condition that
the apartment building only contain seven apartment units, not eight.
Earlier correspondence between County staff and the property owner regarding Zoning Map
Amendment 213, which rezoned the Property from A-1 Agricultural to RS-1 Residential, advised the
inclusion of both tax map parcels in the rezoning, as both parcels were already being used for the
nonconforming uses which continue today.
This history establishes the nonconforming uses on both parcels.
Additionally, a single family dwelling was established on TMP 06200-00-00-024BO following the approval
of ZMP-213.
November 6, 2019 LOD-2019-00026
Page 2 of 3
Establishment of Nonconforming Lot
Documents associated with the same variance application note the area of both parcels, with 2.71 acres
at TMP 06200-00-00-024130, and 0.9 acres at TMP 06200-00-00-031A0. This area establishes TMP
06200-00-00-031AO as a nonconforming lot.
Analysis
Summary of Nonconformities
The total nonconformities on these two parcels is as follows: two nonconforming uses, and a
nonconforming lot. Additionally, as TMP 06200-00-00-031AO predates the establishment of the Rural
Areas zoning district, and is an existing lot, an additional single family dwelling could theoretically be
established on the parcel.
Decrease of Nonconformities
The applicant of SUB201900149 proposes a Boundary Line Adjustment to create a 2.0 acre lot that
would contain the single family dwelling, and a 1.475 acre lot that would contain both the nonconforming
apartment building and the parking for the apartment building, currently a stand-alone parking lot. This
application would decrease the total number of nonconformities by removing the use of a stand-alone
parking lot, and would remove the possibility of an additional theoretical single family dwelling on a lot
less than 2.0 acres.
The proposed BLA would be permitted under Albemarle County Code 18-6.4 (E) , provided it meets all
other County requirements. The proposed BLA would neither make the nonconforming lot more
nonconforming, nor result in the increase in the number of lots or dwelling units that could otherwise be
established on each lot.
Conclusion
Due to the favorability of decreasing the total number of nonconformities, and the favorability of reducing
the potential of an additional nonconformity, the proposed BLA under SUB201900149 may be permitted
under 18-6.4(E), provided it meets all other County requirements.
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 will 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 § 18-34.3 of the Zoning Ordinance, along with a fee of $258 plus
the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or
any other administrative officer pertaining to the Zoning Ordinance.
November 6, 2019 LOD-2019-00026
Page 3 of 3
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter
18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
If you have any questions, please contact me.
Sincerely,
Leah H. Brumfield
Senior Planner, Designee of the Zoning Administrator
Copy: Bart Svoboda, Zoning Administrator