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HomeMy WebLinkAboutVA201900001 Correspondence 2020-01-24P roj e ct gl u m he r: VA2 01900GO 1 B ufton & M a as P LC Lave Off Ice S Property uneriAppellant- Evelyn Buftari and John R_ Maus Staff_ Bart vo had of Kevi n McCollum 12/10/2019 8:16AM FAX 15404085911 BUFTON&MAUS ATTYS 2 0001/0001 FOR OFFICE USE ONLY VA 0 SIGN q 7,ONING ORDINANCE SECrION: Fee Arnouat S P Date Paid �� Dy who? J t- I i �srl `�FV _S Rece�pl IFQ u� 7 ��� ' /9 - "q� �(v, Apr,Fe� ree � � 1 � o i � 3 ,Application folr, � G� , � Variance PA ❑ Variance = $538 to he paid once application is deemed complete ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $435 FEES for re -advertisement and notifi-cation of public hearing after advertisement of a public heari>alDr and a deferral is made at the applicant's request D Preparing and mailing or delivering each notice after filly (50) $215 D Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class ILostage ➢ Published notice (published twice in the newspaper for oath public Actual cost based on a cost quote from the publisher hearing)(aver es between S 1 SO end 5250 Project Name: Burton and Maus PLC law office Parcel 1D Number: 05000-00-00-04900 zoning. Rural Areas (RA) physical Street Addreaa (if assigned): 7362 Gordonsville Road, Gordonsville, Virginia 229442 Contact (who should the main contact about this project): John R, Maus Street Address7380 Gordonsville Road _ City Gordonsville State Virginia Zih Code22942 Phone Number540-894-1006 En,nii ackmauslaw mail.com Owner of Record; Evelyn Bufton and John R. Maus Street Addres57380 Gordonsville Road City Gordonsville �Stat0"rginla _Zip Code22942 Phone Number540-694-1006 Email eckmauslew@gmail_com ,A PPliCant (if different from the owner): same as owners Street Address City .—State ---Zip Number —---�—ZiP Code_ ED i Hul DEC 10 2019 County of Albemarle COMMUNITY Department of Community Development DEVELOPMENT NOS 401 McIntire Road Charlottesville, VA 22902 'Voice; (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised l l/02/201.5 Pagc t of 3 Albemarle Coun Planning Application Community Development0epartmem 401 r. re Road Charlottesville, VA22902-4596 _a: (434.) 296-5832 Fax :(4341972-4126 TMPI 05000-00-00-0490=0 Owner(s): BUFTON, EVELYN &JOHN R MAUS Application #I VA201.900001-] Legal Description ACREAGE Magisterial Dist, ;Rivanna Land Use Primary Residential Single-family (incl. modular homes,-; Current AFD ' Not in A/F District Current Zoning Primary 'Rural Areas ,j V ,APPLICATION INFORMATION Street Address 7380 GORDONSVILLE RD GORDONSVILLE, 22942 Entered By Buck Smith Application Type Variance Project FBUI�ioN AND MAUS PLC LAW OFFICE ] Received Date Final Submittal DateFj- - - - Received Date F1_1/_26/19 L2/02/19 Total Fees Closing File Date Submittal Date Finalr___7 Total Paid Revision Number Comments Legal Ad SUB APPLICATION(s) Type Sub Applicato Comment APPLICANT / CONTACT INFORMATION gontacff 1� Nan,,e Address tvi cState Zip Phone Phone elJ I BUFFON, EVELYN & JOHN R MAUS P 0 BOX E I GORDON5ALLE :22942 ....... . ........... ........... .... ......... ............ ­ . ...... Signature of Contractor or Authorized Agent Date County of Albemarle . arcel Property Information GE, yrsph cal Data Senvizes Division,- Room 211 TMP 05000-00-00-04900 Legal ACREAGE Description Parent TMP - Tax Map 05000 Section 00 Block 00 Parcel 04900 GPIN 555050928191 Major Subdiv. Acreage ITotal Acres 2.40 TMP Inactive? E-911 STREET ADDRESS INFORMATION 1 House Num Street Name Apartment:' cibi State Zipmde 7380 ' GORDONSVILLE RD GORDONSVILI F VA ' 22942 ........_......................._......_........._......................................................_........................::........__._:................................ ...................._...._.............-.._...._:........:-_....................s................................ 7380 GORDONSVILLE RD GORDONSVILLE VA 22942 ....._....... -.............. .._...................... ...................................._......_..............................................._....... 7382 GORDONSVILLE RD GORDONSVILLE VA 22942 OWNER INFORMATION Name Street A€irfress city, i State Zi BUFFON, EVELYN & JOHN R MAUS S P 0 BOX E GORDONSVILLEVA i 22942 ADDITIONAL PROPERTY INFORMATION .Agricultural Forest District: I Not in A{F Oistrict r High School District: Monticello Traffic Zone. Not In TAZ v Middle School District. 1Burlev +f Voter Precinct-. Keswick v Elem. School District,! Stone -Robinson Magisterial Distrim�Riyanna v Metro Planning Area? Census Block Group; r2 — CATS Area? Census Tract; 104.01 Public Water Seweri No Service - — � � (v+ "Hater Supply Protection Area? Other Rural Land? Watershedi Happy CreeDevelopment Area? Historical Significance World Heritage Site National Historic Landmark Virginia Landmark Register National Register of Historic Places Parcel Has Proffers Parcel Has Easements Current Land Use Number of Structures Number of Dwelling Units Primary: Residential Single-family —_ - —_ _ — irnd. madular homes) } k �— _ Secondary- �Or)en `-- _ — V Minor; Unassigned Coin rehensive Plan Land Use Plan area Rural Area 2 Se orndar iRural AneCl�v OtherUnassigned Unassigned tined Unas Minor Unassigned ;. Other4: 1Unassigned w+ Other Unassigned 1v Others, 4Jna tss iw Zoning Current zoning Zoning AdooteL4 121'19.80 Zonfno Friar ro 12 98980 — Primary =Rural Areas ,- Rural Areas '� FAslrtcultural secondary Iunassigned I- Planned Industrial Park ¢Scenic Highway Overlay --- s — —E Minor Unassigned v Planned Industrial Park 4r 'Unassigned Others iUnassigned [V Natural Resource Extraction Overlay Flood Hazard Overlay Airport Impact.Area a Entrance Corridor Overlay ', Scenic Stream Overlay ACTIVITY INFORMATION ,PL4NfV£ti'G, ACTRIT£ES BUILDING,4CT£4,'IT£ES ApplicationNumb CurrentStatus SpecialCondibons ApplicationNumb -1 CurrentPermitSt SpecialConditions VA201900001 Under Review B2018008320M CO Issued ............................................... H0201900233 Denied BUftoln 1 IMaus PLC B2017027510M Completed - No i € ........................................c........:....................-.....:........:............:.................................... ......... -................. .................... _.. __............................................ -.-..-. :..... ...:... AP201904404 Overturned B201702431NNR CO Issued B20160460SOP Completed No ...-....:-................................................... . 8201501553-AR CO Issued Printed On: I Tuesday,November 26. 2019 FOR OFFICE USE ONLY VA #ZL l SIGN # ZONING ORDINANCE SECTION: Fee Amount $ Date Paid By who? Receipt # Ck# By: Application for Variance ❑ Variance = $538 to be paid once application is deemed complete ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $435 FEES for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's request ➢ Preparing and mailing or delivering each notice after fifty (50) $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher hearing)(avera es between $150 and $250) Project Name: Bufton and Maus PLC law office Parcel ID Number: 05000-00-00-04900 Zoning: Rural Areas (RA Physical Street Address (if assigned): 7382 Gordonsville Road, Gordonsville, Virqinia 229442 Contact (who should the main contact about this project): John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw@gmail.com Owner of Record: Evelyn Bufton and John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw(a)gmail.com Applicant (if different from the owner): same as owners Street Address City State Zip Phone Number County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised 11/02/2015 Page 1 of Variance is defined as follows A variance is defined as a reasonable deviation from those provisions regulating the shape, size or area of a lot, or the size, height, area, bulk or location of a structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and the need for the variance would not be shared generally by other lots, and provided that the variance is not contrary to the purpose of this chapter, provided that a variance shall not include a change in use. (Albemarle County Code Chapter 18 Section 3) REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE CONSIDERED COMPLETE AND OFFICIALLY SUBMITTED Nine (9) folded copies of any and all plans or additional information One (1) copy of a recorded plat or boundary survey of the property requested for the variance. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Drawings showing all existing and proposed improvements on the property, with all dimensions and distances to property lines, and any special conditions on the property that may justify the request. Written description of your request (include dimensions, measurements or sizes in feet). This is to also include evidence as noted below. EfAs the owner/applicant 1 certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. Please be aware that the board shall grant a variance if the evidence shows: (i) That strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; (ii) That granting the variance would alleviate a hardship due to a physical condition relating to the property or due to improvements thereon at the time of the effective date of the ordinance; or (iii) That granting the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by or on behalf of a person with a disability and (iv) All of the following: 1. Good faith acquisition and hardship not self-inflicted The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not 2eneral or recurring The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 5. Special use permit or special exception not available.,The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Please be aware that the evidence required above needs to be provided by the applicant and should be Provided with the written description as noted above Variance Application Revised 05/23/2019 Page 2 of 3 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this a plication be- g provided to me or my designated contact via fax and or email. This consent does not precl tion from also being sent via first class mail. Si re of Owner/Applicant Date i R. Maus Name 540-894-1006 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Variance Application Revised 05/23/2019 Page 3 of 3 6T.) rC ,>u , Fill�, _____ Plans BUFTON &NIAUS LAW OF.FICF, - PD C+ y C+ Or • CD ' � N fD c4- C• u • CD � ' c+ Ce µ Cw • • 0 (D � O CB r"- • h c+ - ' • Q n CD � p �! w5 ` x� pv CI, 5 V' C0 • t+ I .. .. o S C. r 'bIG • ' '� C+ r I Q\\ µ C"i © p 3 M 7 +^ 1.: ? �7 - o c+ r H ' r•7 • \ 'rA m FJ- • n • co. \ ,I i -10 nCb Cb r' WRITTEN DESCRIPTION OF REQUEST FOR VARIANCE The owners request a variance from any and all of the provisions of the Albemarle County Code that would prevent them from using the law office constructed on their property for a Major Home Occupation. As far as the owners know, the applicable provisions of the Code are (1) Albemarle County Code §18-10.4, which provides that the side setback for primary structures in Rural Areas is 25 feet, and (2) Albemarle County Code §18-5.2A, which provides, in relevant part, that "[A]ny accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation." There may be additional provisions of the Albemarle County Code on which the County Attorney's Office may rely on in order to oppose the owners' right to use their law office for the purpose for which it was always intended, namely to conduct a law practice that involved, among other things, meeting with clients and other professionals in their office. At its nearest point to the side fence (which is presumed to be the property line), the owners' law office is 141/2 feet from the property line. At its farthest point, the law office (which parallels the house rather than the property line) is 301/a feet from the side fence line. Evidence in Support of Request for Variance Under Sec. 34.4(i) of the County's Zoning Ordinance, the applicable criteria for the Board of Zoning Appeals to grant a variance are: 1. The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property, 2. The property interests for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance, 3. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area, 4. The condition or situation is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, S. Granting the variance does not result in a use not otherwise permitted on the property, and 6. The relief or remedy sought is not available through a special use permit or special exception authorized by the Code. The owners adopt all of the evidence that they previously submitted to the Board of Zoning Appeals on October 1, 2019 in connection with their appeal of the adverse decision of the Zoning Administrator denying them a zoning clearance for a Major Home Occupation. Furthermore, the owners state that: 1. It is self-evident that the owners' inability to use a 1020 square foot office building, the floor plans for which included a conference room and two offices as a place at which to meet clients and other professionals in connection with their practice of law, would unreasonably restrict the owners' utilization of their property, 2. As previously proven to the Board, the property interest for which the variance is being requested WAS acquired by the owners in good faith reliance on a building permit issued by Albemarle County. Any hardship was not created by the owners, 3. Granting the variance will not be a substantial detriment to the adjacent property or nearby properties. When the owners initially appealed to the Board of Zoning Appeals, notices were sent to all adjoining landowners and none voiced any objection to using the subject property for a major home occupation. The property on the other side of the fence to which the County alleges that the owners' building is too close is a cow pasture, 4. The condition or situation is the result of miscommunication with the County's Department of Community Development that the owners hope is not so recurring in nature that a general regulation should be adopted by amending the zoning ordinance, 5. Granting the variance does not result in a use not otherwise permitted on the property. The County has conceded that, if the owners' law office were no closer to the property line than 25 feet, the owners would be entitled to pursue a Major Home Occupation, and 6. The remedy or relief sought is not available through a special use permit or special exception. STAFF: Kevin McCollum and Bart Svoboda PUBLIC HEARING: February 4, 2020 STAFF REPORT: VA2019-001 Bufton & Maus, PLC OWNER/APPLICANT: Evelyn Bufton and John "Jack" R. Maus PARCEL ID: 05000-00-00-04900 ZONING: Rural Areas, RA ACREAGE: 2.40 acres LOCATION: The property is located in eastern Albemarle County and fronts on State Route 231 (Gordonsville Rd), an entrance corridor. There is one dwelling and one accessory structure located on the property at 7380 and 7382 Gordonsville Road, respectively. Please refer to the Map of the Property (Attachment A) for reference. TECHNICAL REQUEST AND EXPLANATION: The applicants request a "variance from any and all of the provisions of the Albemarle County Code" that would prevent them from using the approved accessory structure constructed on their property for a Major Home Occupation (Attachment B). The applicable provisions of the Albemarle County Code are (1) § 18-10.4, which provides that the side setback for primary structures in the Rural Areas is 25 feet, and (2) § 18-5.2A, which provides that "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." Currently, the accessory structure does not appear to meet the applicable 25- foot side setback in order to be used for a Major Home Occupation, and the applicant is requesting a variance to do so. BACKGROUND: On October 17, 2017, the applicant applied for a building permit, B2017-02431-NNR (Attachment C) for an accessory structure. On December 7, 2017, the County issued that building permit for an accessory structure now located at 7382 Gordonsville Road, with 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 D). 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 could not be approved until they could confirm that the structure met the applicable setbacks (Attachment E). On July 30, 2019, staff wrote an official determination that the Major Home Occupation Clearance application could not be approved until staff determined that the accessory structure complied with the primary structure setbacks for the Rural Areas zoning district (Attachment F). 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 G). On August 15, 2019 a certificate of occupancy was issued for B2017-02431-NNR with a condition that the structure was for personal use only. 1 On October 1, 2019, the Board of Zoning Appeals (BZA) heard appeal AP2019-00004 Bufton & Maus. The BZA voted to overturn the Zoning Administrator's determination of July 30, 2019. On October 29, 2019, at the request of the Board of Supervisors, the BZA held a special meeting to rehear AP2019-00004 Bufton & Maus. At this public hearing, the BZA voted to defer the rehearing of the appeal to allow the hearing of a Variance if the applicant chose to apply. QUALIFYING CONDITIONS: Under Virginia Code § 15.2-2309(2) (Attachment H), the Board of Zoning Appeals may `grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section. " Virginia Code § 15.2-2201 defines a variance as a "reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. " County Code § 18-34.4(i) (Attachment I) provides: The board shall grant a variance if the evidence shows: (i) that strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or (ii) that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; and all of the following: 1. Good faith acquisition and hardship not self-inflicted. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not general or recurrinz The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 2 5. Special use permit or special exception not available. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. STAFF ANALYSIS: Staff has evaluated this application against the above variance standards. Standard: The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; Staff: Strict application of the 25' side setback to structures used for Major Home Occupations does not unreasonably restrict the use of the property. The owners already enjoy reasonable use of the property through both the existing single- family residence and the new accessory structure, which may remain. Or Standard: Granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; Staff: No physical condition of the property creates a hardship. The improvement (accessory structure, B2017-02431 NNR) was constructed in 2017, well after the effective date of County Code § 18-5.2A. And 1. The property interest for which the variance is being requested was acquired in good faith, and any hardship was not created by the applicant for the variance. Staff: This application does not meet this standard. The property was acquired in good faith, but the hardship was created by the applicant. As outlined in the Background section, the proposal to use the accessory structure for a Major Home Occupation came after the initial application and issuance of the accessory structure. Because the applicants did not apply for a Major Home Occupation clearance at the same time as the building permit for the accessory structure, staff issued the building permit as if it met the standard accessory structure setbacks. Only after the accessory structure was under construction and close to completion was the application for the Major Home Occupation filed for County review. As stated above, the applicant then chose to appeal staff s decision rather than rectify the setbacks through alternative means. 2. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. Staff: This application meets this standard. 3. The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. Staff: This application meets this standard. 4. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. Staff: This application does not meet this standard. The granting of this variance would in fact permit a use that is otherwise not permitted within the defined setbacks. 5. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Staff: Though this application meets this standard, an alternate remedy is available by a boundary line adjustment plat. STAFF RECOMMENDATION: Because (a) the zoning ordinance does not unreasonably restrict the use of the property, (b) no physical conditions of the property create a hardship, and (c) not all five of the additional criteria required for granting a variance are met, this application does not meet the standards for variance approval. Additionally, under Virginia Code § 15.2-2201, the BZA cannot approve a use variance. Since the accessory structure located on the property is currently not in violation of the ordinance, and the approval of this variance would allow for the additional use of a Major Home Occupation, this would be a use variance, which the BZA is not authorized to grant. Therefore, staff must recommend denial of this variance application. The applicant may still pursue a boundary line adjustment with the adjacent lot to allow the structure to meet the 25' side setback required for Major Home Occupations. PROPOSED MOTIONS: If the Board chooses to deny this variance (Staff s recommendation): I move to deny the variance application VA201900001 Bufton & Maus If the Board finds legal grounds to grant this variance: I move to grant variance application VA201900001 Bufton & Maus 0 Attachments! Attachment A: Map of the Property Attachment B: Variance Application VA201900001 Bufton & Maus Attachment C: Building Permit B2017-02431-NNR Attachment D: Major Home Occupation Clearance Application Attachment E: Staff Email to the Applicant dated June 17, 2019 Attachment F: Official Determination "RE: HO2019-00233 Major Home Occupation Clearance" Attachment G: AP201900004 Application Parcel ID 05000-00-00-04900 Attachment A: Map of the Property 50-43A Legend (Note: Some items on map may not appear in legend) Parcel Info ❑ Parcels 7382 7380 50-49 t6011115 60 231 t 51-7 50-47 OF A 02� ii GIS-Web Geographic Data Services 94 ft ww.albeade.org/gis wm 51 8 ..crNFP (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. January 15, 2020 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) FOR OFFICE USE ONLY VA #ZL l SIGN # ZONING ORDINANCE SECTION: Fee Amount $ Date Paid By who? Receipt # Ck# By: Application for Variance ❑ Variance = $538 to be paid once application is deemed complete ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $435 FEES for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's request ➢ Preparing and mailing or delivering each notice after fifty (50) $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher hearing)(avera es between $150 and $250) Project Name: Bufton and Maus PLC law office Parcel ID Number: 05000-00-00-04900 Zoning: Rural Areas (RA Physical Street Address (if assigned): 7382 Gordonsville Road, Gordonsville, Virqinia 229442 Contact (who should the main contact about this project): John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw@gmail.com Owner of Record: Evelyn Bufton and John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw(a)gmail.com Applicant (if different from the owner): same as owners Street Address City State Zip Phone Number County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised 11/02/2015 Page 1 of Variance is defined as follows A variance is defined as a reasonable deviation from those provisions regulating the shape, size or area of a lot, or the size, height, area, bulk or location of a structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and the need for the variance would not be shared generally by other lots, and provided that the variance is not contrary to the purpose of this chapter, provided that a variance shall not include a change in use. (Albemarle County Code Chapter 18 Section 3) REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE CONSIDERED COMPLETE AND OFFICIALLY SUBMITTED Nine (9) folded copies of any and all plans or additional information One (1) copy of a recorded plat or boundary survey of the property requested for the variance. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Drawings showing all existing and proposed improvements on the property, with all dimensions and distances to property lines, and any special conditions on the property that may justify the request. Written description of your request (include dimensions, measurements or sizes in feet). This is to also include evidence as noted below. EfAs the owner/applicant 1 certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. Please be aware that the board shall grant a variance if the evidence shows: (i) That strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; (ii) That granting the variance would alleviate a hardship due to a physical condition relating to the property or due to improvements thereon at the time of the effective date of the ordinance; or (iii) That granting the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by or on behalf of a person with a disability and (iv) All of the following: 1. Good faith acquisition and hardship not self-inflicted The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not 2eneral or recurring The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 5. Special use permit or special exception not available.,The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Please be aware that the evidence required above needs to be provided by the applicant and should be Provided with the written description as noted above Variance Application Revised 05/23/2019 Page 2 of 3 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this a plication be- g provided to me or my designated contact via fax and or email. This consent does not precl tion from also being sent via first class mail. Si re of Owner/Applicant Date i R. Maus Name 540-894-1006 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Variance Application Revised 05/23/2019 Page 3 of 3 6T.) rC ,>u , Fill�, _____ Plans BUFTON &NIAUS LAW OF.FICF, - PD C+ y C+ Or • CD ' � N fD c4- C• u • CD � ' c+ Ce µ Cw • • 0 (D � O CB r"- • h c+ - ' • Q n CD � p �! w5 ` x� pv CI, 5 V' C0 • t+ I .. .. o S C. r 'bIG • ' '� C+ r I Q\\ µ C"i © p 3 M 7 +^ 1.: ? �7 - o c+ r H ' r•7 • \ 'rA m FJ- • n • co. \ ,I i -10 nCb Cb r' WRITTEN DESCRIPTION OF REQUEST FOR VARIANCE The owners request a variance from any and all of the provisions of the Albemarle County Code that would prevent them from using the law office constructed on their property for a Major Home Occupation. As far as the owners know, the applicable provisions of the Code are (1) Albemarle County Code §18-10.4, which provides that the side setback for primary structures in Rural Areas is 25 feet, and (2) Albemarle County Code §18-5.2A, which provides, in relevant part, that "[A]ny accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation." There may be additional provisions of the Albemarle County Code on which the County Attorney's Office may rely on in order to oppose the owners' right to use their law office for the purpose for which it was always intended, namely to conduct a law practice that involved, among other things, meeting with clients and other professionals in their office. At its nearest point to the side fence (which is presumed to be the property line), the owners' law office is 141/2 feet from the property line. At its farthest point, the law office (which parallels the house rather than the property line) is 301/a feet from the side fence line. Evidence in Support of Request for Variance Under Sec. 34.4(i) of the County's Zoning Ordinance, the applicable criteria for the Board of Zoning Appeals to grant a variance are: 1. The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property, 2. The property interests for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance, 3. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area, 4. The condition or situation is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, S. Granting the variance does not result in a use not otherwise permitted on the property, and 6. The relief or remedy sought is not available through a special use permit or special exception authorized by the Code. The owners adopt all of the evidence that they previously submitted to the Board of Zoning Appeals on October 1, 2019 in connection with their appeal of the adverse decision of the Zoning Administrator denying them a zoning clearance for a Major Home Occupation. Furthermore, the owners state that: 1. It is self-evident that the owners' inability to use a 1020 square foot office building, the floor plans for which included a conference room and two offices as a place at which to meet clients and other professionals in connection with their practice of law, would unreasonably restrict the owners' utilization of their property, 2. As previously proven to the Board, the property interest for which the variance is being requested WAS acquired by the owners in good faith reliance on a building permit issued by Albemarle County. Any hardship was not created by the owners, 3. Granting the variance will not be a substantial detriment to the adjacent property or nearby properties. When the owners initially appealed to the Board of Zoning Appeals, notices were sent to all adjoining landowners and none voiced any objection to using the subject property for a major home occupation. The property on the other side of the fence to which the County alleges that the owners' building is too close is a cow pasture, 4. The condition or situation is the result of miscommunication with the County's Department of Community Development that the owners hope is not so recurring in nature that a general regulation should be adopted by amending the zoning ordinance, 5. Granting the variance does not result in a use not otherwise permitted on the property. The County has conceded that, if the owners' law office were no closer to the property line than 25 feet, the owners would be entitled to pursue a Major Home Occupation, and 6. The remedy or relief sought is not available through a special use permit or special exception. ;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 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 F: Official Determination RE: H0201900233 Lp 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 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 a 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.