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
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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.
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