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HomeMy WebLinkAboutAP202000001 Correspondence 2019-12-20COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is December 20, 2019 No: VIO-2019-428 R A Yancey Lumber Corp c/o David L. Dallas Williams Mullen 321 East Main Street, Suite 400 Charlottesville, VA 22902 Property: Parcel ID 05500-00-00-111BO R A Yancey Lumber Corp 05500-00-00-11200 Owner of Record Zoning: Heavy Industry [HI] District Dear Mr. Dallas: This notice is to inform you that the above -described Property is in violation of the Albemarle County Zoning Ordinance. This conclusion is based on the following fact that as of today: The piece of equipment constructed in the VDOT right of way and the new sorter/stacker constructed on these parcels do not meet the required setbacks. Because this use of the Property or structure did not pre-exist the applicable Zoning Ordinance, it cannot be considered a legal non -conforming use or structure. Accordingly, the following section of the Zoning Ordinance has been violated: Albemarle County Code § 18-5.1.15 Sawmill, temporary or permanent, planning mills and wood yards. This violation of the Zoning Ordinance is unlawful, and may be subject to civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code § 18-36. This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply with this notice may result in legal action being taken against you and any other owner, tenant or other responsible party. In addition, you must bring the property into compliance by January 19, 2020 to ,tvoid court action. Future compliance past this date does not preclude the County from pursuing legal action VIO-2019-428 Page 2 December 20, 2019 avoid court action. Future compliance past this date does not preclude the County from pursuing legal action for existing or past violation(s). 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; provided, however, that a ten (10) day appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed within ten (10) days after this decision. 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.or /g cdVgs. This form applies to appeals of decisions of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle County Code § 18-34.3, which may be reviewed online at www.albemarle.or countycodebza. If you have any questions, please contact Keith Bradshaw, Code Enforcement Officer, at 434-296-5832 ext. 3014. r of Cede Compliance of Albemarle AUTHENTICATION OF RECORD/ CERTIFICATE OF MAILING (Code of Virginia § 8.01-390) (Notice of Official Determination of Violation) hereby certify: 1. that I am a Code Compliance Officer and an employee of the Albemarle County Department of Community Development; 2. that on 0 , 20 , I mailed a true copy of the record attached hereto, consisting of a Notice of Official Determination of Violation dated 7 0 , 20 pertaining to that property identified as Parcel ID a s-sav vv /t/ /✓eq Number(s) �, -- °0--- OD 2 U7 to the recipient(s) identified thereon at the address(es) specified thereon; and 3. that the copy of such record which is attached hereto is a true copy of the record that was mailed. Dated: Signed: ; ---� COMMONWEALTH OF VIRGINIA IT /COUNTY OFL The foregoing Authentication of Record/Certificrate of 'Mailing was signed, sworn to and acknowledged before me by (-e (/1 jV s w , Albemarle County Code Compliance Officer, this Z&� day off-Vv1�e {� , 20 1. My Commission Expires: Notary Registration No. !AjL a� Notary �blic 2oz� 7�3gt1�5 ,, IYNN �U�•,,'o NOTARY G'y? * PUBLIC n ; REG. #7838165 * _ O MYCOMMISSION Q 1X I ES qCT . OF ```�. ���r�grrru lltttttt�``