HomeMy WebLinkAboutAP201800003 Action Letter 2019-10-05AL��
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
October 5, 2019
Jeffrey W. Clayton
P.O. Box 280
Ivy, VA 22945
Re: Amendment of Notice of Violation ZV102018-195
Parcel 05700-00-00-060A0 (4331 Seven Springs Lane)
Dear Mr. Clayton:
Fax (434) 972-4126
Following -up our onsite meeting on September 3, 2019, this letter is to amend and supersede
the official Notice of Violation ZVIO-2018-195, dated October 22, 2018. That notice of violation
identified three violations occurring on Parcel 05700-00-00-060A0 (4331 Seven Springs Lane):
1. The storage of multiple tires, auto parts, inoperable vehicles, scrap metal and other
miscellaneous materials and debris on this property is not a permitted use.
2. The parking of commercial vehicles on this property is not a permitted use.
3. The soil processing business conducted on this property is not a permitted use.
Violations 1 and 2 have been abated. As for item 3, after a review of County records, an
onsite inspection, and consideration of the information provided to the zoning department, it is
my determination that the Clayton & Son Soil Processing business located on the above -
referenced property is a legally nonconforming use.
A "nonconforming use" is defined in the Zoning Ordinance as:
"a lawful principal use of the lot or a Class A, Class B, major or minor home occupation
existing on the effective date of the zoning regulations applicable to the district in which the
use is located, or a more restricted use, that does not comply with the applicable use
regulations of that zoning district. A nonconforming use may have accessory uses, but an
accessory use, other than a Class A, Class B, major or minor home occupation, shall not be
eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter
shall be eligible to be a nonconforming use. A use that is casual, intermittent, or temporary on
the effective date of this chapter shall not be eligible to be a nonconforming use. "
(Albemarle County Code § 18-3.1)
A lawful nonconforming use must have been established before the adoption of zoning in
Albemarle County (December 1969) and may not have been discontinued for more than two
(2) years (Albemarle County Code § 18-6.2 g).
The following evidence supports the finding that the soil processing use of this property began
before the adoption of zoning in Albemarle County and has continued without a discontinuance
of more than two years:
Virginia SCC Permit No. 23604 — This permit for John W. Clayton & Son was issued on
December 21, 1951.
2. Photographs — This newspaper photograph shows the "farming and trucking buildings"
that survived the September 30, 1959 tornado.
3. Affidavit from Frank C. Abell — This affidavit was signed April 30, 2019 and stated that
he remembers the business being at this location since the 1950's.
4. Affidavit from James C. Abell — This affidavit was signed April 30, 2019 and stated that
he remembers the business being at this location since the 1950's.
To remain legally nonconforming, the use must continue to comply with the Nonconforming
provisions of Albemarle County Code § 18-6.2. These provisions limit any enlargement or
expansion of the nonconforming use. The attached map (Attachment A) shows the
approximate location of the 10,000 square foot area currently being used. To remain legally -
nonconforming, the existing use may not be enlarged or expanded beyond this area.
If you have any further zoning questions, please do not hesitate to contact me.
You may have a right to appeal this determination within 30 days, in accordance with Virginia
Code § 15.2-2311. This decision shall be final and unappealable if not appealed within 30
days. Pursuant to County Code § 18-35.1(e), the applicable appeal fee is $258.00, together
with the initial notice fee provided in County Code § 18-35.1(i), for preparing and mailing
notices and published notice. Additional information regarding the filing of an appeal may be
obtained at the Board of Zoning Appeals' webpage on www.albemarle.org
(https://www.albemarle.org/department.asp?department=cdd&relpage=4144), or by contacting
me directly at the phone number indicated.
Sincerely,
Bart J. Svoboda
Zoning Administrator
County of Albemarle, Virginia
cc: William W. Tanner, Payne & Hodous L.L.P.
Andy Herrick, Deputy County Attorney
NOV File, ZV1O201800195
Attachment A
Soil Operation Area
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