Loading...
HomeMy WebLinkAboutLOD201900034 Affidavit 2020-03-24FLORA AT LAW BY HAND County of Albemarle Department Community Development 401 McIntire Road Charlottesville, VA 22902 Michael E. Derdeyn Attorney at Law Direct: (434) 817-7978 med@fplegal.com December 19, 2019 Phone: (434) 979-1400 Fax: (434) 977-5109 53o East Main Street P.O. Box 2057 Charlottesville, Virginia 22902 Application for Official Letter of Determination for Non -Conforming Use Tax Map Parcels: 58-1A, 58-1D, and 58-1E Owner/Applicant: George W. Bailey, Jr. To Whom It May Concern: This firm and the undersigned represent George W. Bailey, Jr. ("Bill"), the owner of the above -referenced tax map parcels (the "Property") that are the subject of this Application. In addition to Exhibits A through J attached hereto, we are enclosing: (i) a completed Application for Official Letter of Determination form and (ii) a check in the amount of $324.00 to cover the $108 fee for each tax map parcel at issue. Bailey's Retreat Bill's father, Sheriff George W. Bailey ("Sheriff Bailey") operated a short-term rental business known as "Bailey's Retreat" on the Property starting in the 1950s when Sheriff Bailey acquired the Property from his father. Sheriff Bailey continued operating that business until his death in 2008. Upon Sheriff Bailey's death, Bill moved back to the Property to care for his mother and continued to operate "Bailey's Retreat" — conducting it in the same matter that his father did. Bill acquired ownership of the Property in 2012, when his mother passed, and has continued to operate the short-term rental business. The details — and the history — of the operation of Bailey's Retreat are set forth below and each of the facts set forth herein are supported by multiple affidavits, each of which are attached as Exhibits hereto. The Cabin and the Cottages There are five (5) structures that are the subject of this Application. The locations of these structures are depicted on the GIS map attached as Exhibit A. Tax Map Parcel 58-1A contains an old one -room log cabin (the "Cabin"), which was initially constructed in the 1800s, and has been used as a short-term rental since the 1950s. There are four identical ranch style homes — two on Tax Map Parcel 58-1 D and two on Tax Map Parcel 58-1 E —that Sheriff Bailey built in 1960 (the "Cottages"). The Cottages are laid out in a row, creating a motel -like feel. They are small two -bedroom units — totaling about ",w1plegal.com Charlottesville I Harrisonburg December 19, 2019 Page 2 700 square feet each — that were designed to be used and have been used as short-term rentals since they were constructed. Sheriff Bailey also owned — and Bill now owns — three 3-bedroom houses on parcels adjacent to the Property, on Tax Map Parcels 58-1C (3 bedrooms), 58-1K (2 bedrooms plus a sleeping loft), and 42-12B (3 bedrooms). Those houses are larger and more suitable for long- term rentals and are not the subject of this Application. The house on Tax Map Parcel 42-12B has always been rented as a long-term rental, while the other two have been rented as both short, medium, and long-term rentals, but primarily as long-term rentals. In contrast, the Cabins and the Cottages have always been used as short-term rentals. Evidence Demonstrating Non -Conforming Use of the Cabin and the Cottages 1950s Sheriff Bailey acquires the Property from his father in 1952 and begins renting the Cabin on a short-term basis to hunters, fishermen, and for a honeymoon spot. Affidavit of George W. Bailey, Jr. ("Bailey Aff.") at ¶ 3 (Exhibit B). 1960s Cottages built in 1960. Albemarle County Property Records attached as Exhibit C. The Cottages were designed to have a motel -like feel and were rented on a short-term basis starting in the 1960s. See Bailey Aff. at ¶¶ 4-5). Michael Bailey (Bill's cousin) and his father Claude Bailey (Sheriff Bailey's brother) helped Sheriff Bailey maintain the Cottages and the Cabin. When Michael was about 12, in the late 1960s, he began to work with his father, who was in the construction business, on the Cottages. Michael recalls interacting with people who rented the Cottages and the Cabin and recalls that most were there visiting students or relatives in the area. Michael continued to help maintain the Cottages and the Cabin until the late 1980s or early 1990s, when he took a job in Fairfax. Michael attests that the Cottages and the Cabin have been available for and used as short-term rentals for as long as he can remember, starting sometime in the 1960s. Affidavit of Michael Bailey ("M. Bailey Aff.") at ¶¶ 5-6, 8 (Exhibit D). Robert Bishop Bailey, II (another cousin of Bill's) also remembers Sheriff Bailey conducting the short-term rental business on the Property. Robert would often stay at the Property in the 1960s and 1970s when his parents were out of town. He also continues to visit the Property several times a year. Robert attests that the Cottages and the Cabins have been available for and used as short-term rentals for as long as he can remember — starting sometime in the 1960s. Affidavit of Robert Bishop Bailey, II ("R. Bailey Aff.") at ¶¶ 3-5 (Exhibit E). 1970s- Short-term rental business for Cottages and Cabin comes from four December 19, 2019 Page 3 Present primary sources: (i) referrals from friends and friends of friends, (ii) referrals from people at the University, (iii) people who were married by Sheriff Bailey (numbering in the thousands), and (iv) overflow from motels on 250 West, including the Sunset Lodge near the intersection of 250 West and Tilman Road. Bailey Aff. ¶ 6. Terry Hawkins worked with Sheriff Bailey in the Albemarle County Sheriff's Office from 1970 until 1987, when Mr. Hawkins succeeded Sheriff Bailey. Sheriff Hawkins first visited the Property in 1971 and visited the Property approximately 9-10 times a year until 1987. Thereafter, he visited the Property periodically until Sheriff Bailey's death in 2008. Sheriff Hawkins, who was very close with Sheriff Bailey, knew that, as of 1971, Sheriff Bailey was renting the Cottages and the Cabin on a short-term basis and that use continued from 1971 through the time he stopped visiting the Property in 2008 when Sheriff Bailey died. Affidavit of Terry Hawkins ("Hawkins Aff.") at % 2-6 (Exhibit F). James Gilbert, a friend and high school classmate of Bill's remembers visiting the Property starting in 1971 to attend parties in the Cottages. He recalls that the Cottages and the Cabin were rented out on a short-term basis and they would often have parties in whichever Cottage happened to be vacant. Mr. Gilbert has visited the Property at least 8-10 times a year since then and attests that the Cottages and the Cabin have been continuously used as short-term rentals since that time. Indeed, from 2008-2014, Mr. Gilbert lived on an adjacent parcel that contained a long- term rental property — Tax Map Parcel 58-1 K. During that time, he interacted with some of the short-term renters who rented the Cottages and the Cabins. Affidavit of James Gilbert ("Gilbert Aff.") at It 2-6 (Exhibit G). Lucinda Ewell, a high school friend of Bill's remembers visiting the Property a number of times in the early 1970s — before her graduation from Albemarle High School in 1972. Ms. Ewell remembers the Cottages and that they were rented out on a short-term basis. Indeed, Ms. Ewell recalls having "social gatherings" in whichever Cottage happened to be vacant. Affidavit of Lucinda Ewell ("Ewell Aff.") at ¶ 3 (Exhibit H). In 2000, Ms. Ewell's mother in law became ill and she and her husband, Ian Day, began traveling back to the area frequently. Ms. Ewell remembered Sheriff Bailey's short-term rental business and contacted Bill about renting one of the units. Ewell Aff. at ¶ 4; Affidavit of Ian Day ("Day Aff.") at T 4 (Exhibit I). John Garland, a childhood friend of Bill's, also remembers the short-term rental business. Mr. Garland first learned of the short-term rental business in 1975 — the summer before his senior year in high school. Mr. Garland was at the Property visiting Bill and saw that people were renting the December 19, 2019 Page 4 Cottages. Mr. Garland has visited the Property at least once year since 1975 and knows that Sheriff Bailey continued renting out the Cottages and the Cabin on a short-term basis until his death in 2008, when Bill took over the business. Affidavit of John Garland ("Garland Aff.") at �T 3-5 (Exhibit J). The Non -Conforming Use Has Continued Unabated and Has Not Been Abandoned The Cabin and the Cottages have continuously been used as short-term rentals since the 1960s. Bailey Aff at ¶ 9; Hawkins Aff. at ¶¶ 3-6; M. Bailey Aff. at ¶ 5-8; R. Bailey Aff. at ¶ 3, 5; Gilbert Aff. at ¶¶ 3-6; Garland Aff. at ¶� 3-4; Ewell Aff. at ¶ 6; Day Aff. at ¶ 5. Indeed, when Sheriff Bailey died in 2008, Bill moved in with his mother to look after her and continued the short-term rental business. Since that time, Bill has continued to operate the short-term rental business in the same manner as Sheriff Bailey did. Bailey Aff. at ¶ 8; M. Bailey Aff. at ¶¶ 7-8; Gilbert Aff. at ¶¶ 5; Garland Aff. at ¶ 4. There Has Been No Structural Change or Enlargement of the Cabin or the Cottages The Cabin and the Cottages have never been enlarged, extended, re -constructed or structurally altered. Bailey Aff. at ¶ 10; Hawkins Aff. at ¶ 7; M. Bailey Aff. at ¶ 9; R. Bailey Aff. at 13, 5; Gilbert Aff. at ¶ 7; Garland Aff. at ¶¶ 3-4; Ewell Aff. at ¶ 6; Day Aff. at ¶ 5. condminn The information set forth above, and attested to in the affidavits attached hereto, provide probative material evidence (i) of the existence of a non -conforming use, (ii) of the continuation of that use through the present day, and (iii) that there has been no change or enlargement of the use or the structures in which the use occurs. For the foregoing reasons, we respectfully request that you issue an Official Letter of Determination recognizing the foregoing non -conforming use. Please let me know if you have any questions. Sincerel Michael E. Derdeyn cc: George W. Bailey, Jr. Rebecca Ragsdale (by email) Keith Bradshaw (by email) 12/18/2019 County of Albemarle - GIS-Web - Map Ge[l.ink AHelp IHelp.aspz?application=GISWEBApp&functiontabs=search,selection,legend,location,markup,sharel: AFFIDAVIT OF GEORGE W. BAILEY, JR. George W. Bailey, Jr., after first being duly sworn, deposes and states follows: I am a resident of Albemarle County, Virginia and have lived here for most of my life since I was born in 1956. 2. I grew up on the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). My father, George W. Bailey, purchased the Property in 1952 from his father. 3. My earliest recollection of the Property is when I was about four years old and would use an old 1800s log cabin (the "Cabin") as my playhouse. My father rented the Cabin out as a short-term rental, for honeymoons, fisherman, hunters, etc. I remember people coming and going from there and that, when they were gone, the Cabin was mine to use. 4. I also remember when my father and my uncle Claude built the four, small ranch style homes that are now referred to as the "Cottages." I remember playing in that area with my cousin Michael, Claude's son, while they were under construction. After they were built, I noticed people coming and going from the Cottages just like I noticed the same with respect to the Cabin. 5. When I was 10 or 11, I started helping my father by cleaning the Cottages and the Cabin in-between guests and performing some maintenance. 6. Over the years, I learned that most of my father's short-term rental business came from four sources (i) family and friends, and friends of friends, who knew that the Cottages and the Cabin were rented on a short-term basis (ii) from acquaintances of my father at the University, (iii) from presiding over thousands of weddings in his capacity as Sheriff, and (iv) EXHIBIT I e from overflow from the Sunset Lodge - a motel on 250 West near the intersection with Tilman road - and other motels that used to operate along 250 (including the one behind Duner's). Many of the people who were married by my father had their ceremonies at the Property and would then stay in the Cabin and have their guests stay in the Cottages. Many of those people return to the Property to this day. S. When my father died in 2008, I moved back to the Property to look after my mother and operate the short-term rental business - which I continued to operate in the same manner that my father did. The only change was that I began to market the Property through Airbnb and VRBO, among other platforms. 9. The Cottages and the Cabin have been available for and used as short-term rentals for as long as I can remember and have been continuously used as short-term rentals from my earliest memories through the present. 10. The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. Further the affiant sayeth not. Given under my hand this day De --' COMMONWEALTH OF VIRGINIA, CITY/C-9UNTY OF AA A>ril64e_;t V11( t� to wit: Subscribed and sworn to before me this (_V:� day of December, 2019. NANCYNmNotary"uliCNotary Public-' CommonwealMaMy Commission expires: 5 3! a O a Registration No.: I d, a G O 2 12/16/2019 Improvements -Card #1 Only Print Parcel ID Primary Prop. Address Card Additional Cards Card Type Infrastructure Improvements Primary Building Additions Outbuilding Improvements Primary Building Details Additional Cards Card Level Use Code Year Built Year Remodeled Condition Grade Number of Stories House Type Finished Sq. Ft. Basement Type Basement Garage Doors Bsmt Fin. Sq. Ft. Bsmt Tot. Sq. Ft. Attic Tot. Sq. Ft. Roof Material Heating Cooling Fireplace(s) - Open Fireplace(s)- Stacks Fireplace Type Wall Framing Exterior Covering Bedrooms Dining Rooms Family Rooms Full Baths Half Baths Total Room Count 05800-00-00-OOIEO 3412 BAILEYS CT I of 2 ('lick I L•rc In View Residential Well/Septic No Service - Jurisdictional Area Designation BSMT..... 726 sq fit Deck, Average Quality ..... I 10 sq fit Carport -Detached Pole ..... 200 sq ft..... Year Built: 1960 Single Family 1960 N/A Average D: Fair Quality I 1 Story 726 Part: Walkout None 0 363 0 Composite Shingles Electric Baseboard No Central Air Cinderblock Wood Joists Wood Siding 2 0 0 0 4 Every unit assumed to have kitchen and living room. Bathrooms are not included in total room count. Total Card Count 2 Click 1-lere to Vi, EXHIBIT ,n D a https://gisweb.albemaHe.org/gpv_51 /identify.aspx?datatab=Parmlimprovement&id=058000000001 EO&print=l 1 /1 12/16I2019 Improvements - Card #1 Onh Print Parcel ID Primary Prop. Address Card Additional Cards Card Type Infrastructure Improvements Primary Building Additions Primary Building Details Additional Cards Card Level Use Code Year Built Year Remodeled Condition Grade Number of Stories House Type Finished Sq. Ft. Basement Type Basement Garage Doors Bsmt Fin. Sq. Ft. Bsmt Tot. Sq. Ft. Attic Tot. Sq. Ft. Roof Material Heating Cooling Fireplace(s) - Open Fireplace(s) - Stacks Fireplace Type Wall Framing Exterior Covering Bedrooms Dining Rooms Family Rooms Full Baths Half Baths Total Room Count 05800-00-00-OOIDO 3432 BAILEYS CT 1 of 2 Click I Icrc to Vier. Residential Septic Well No Service - Jurisdictional Area Designation BSMT....726 sq ft Deck, Average Quality ..... 110 sq ft Single Family 1960 N/A Average D: Fair Quality 1 1 Story 726 Part: Walkout None 0 363 0 Composite Shingles Electric Baseboard No Central Air Cinderblock Wood Joists Grooved Plywood T-111 2 0 0 1 0 4 Every unit assumed to have kitchen and living room. Ballrooms are not included in total room count. Total Card Count 2 Click Here to View https://gisweb.albemade.org/gpv_51/identify.aspx?datatab=Parcellmprovement&id=058000000001 DO&print=l 1 /1 AFFIDAVIT OF MICHAEL BAILEY Michael Bailey, after first being duly sworn, deposes and states follows: I am a resident of Albemarle County, Virginia and have lived here for most of my life since I was born in 1956. 2. I am familiar with the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). When I was a child, the Property was owned by my uncle, George W. Bailey. The Property is now owned by my cousin, George W. Bailey, Jr. 3. My earliest recollection of the Property is from when I was old enough to walk — our families would get together at the Property frequently for holidays, summer swims in the pool, etc. 4. I recall that there were four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages") and there was an old cabin at the high end of the Property, which I understand was constructed at some point in the 1800s (the "Cabin") My parents stayed in the Cabin in the 1950s for their honeymoon. 5. In the late 1960s, when I was about 12 years old, I began working with my father — who was in the construction business — helping Uncle George maintain the Cottages and the Cabin. My father and I would help Uncle George on a regular basis. I remember seeing people who were staying in the Cottages or in the Cabin. They would rent the Cottages or the Cabin for a weekend or a week or so. Most of the renters were visiting students or relatives in the area. 6. I continued to help my father and Uncle George maintain the Cottages and the Cabin from the late 1960s through the late 1980s or early 1990s, when I took a job in Fairfax and could no longer help. My father continued to help maintain the Cottages and the Cabin through the 1990s — I still remember my father recounting the story of a gentleman who was staying for a EXHIBIT week in one of the Cottages during the mid-1990s. The gentleman had a two -door Cadillac that was no longer reliable so he decided to fly home and have my father sell the car for $500.00. 7. When my Uncle George died in 2008, my cousin Bill moved in with his mother to look after her. He also took over my Uncle's short-term rental business and operated it the same way my Uncle did. 8. The Cottages and the Cabin have been available for and used as short-term rentals for as long as I can remember, starting sometime in the 1960s. To my knowledge, the Cottages and the Cabins have been continuously available for short-term rentals from that time through the present. 9. The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. Further the affiant sayeth not. Given under my hand this day December, 2019. Michael Bailey COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF fI lbemAc 1Q. , to wit: �h Subscribed and sworn to before me this I day of December, 2019. Q H� Notary Public CAITLYN MARIE LUDIN HAYDEN NOTARY PUBLIC My Commission expires: N Gv . 36 2G2 3 , REG. #E7813680 Registration No.: % $ 13 LQ Q0 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES NOV. 30, 2023 2 • M 1 � ✓130':AH WIM 31RAM VYJTIAO "... :)Li8U9 YAATOW B409.0E .VO6l 8AMX3 Vi0►881MM0O Y' i I AFFIDAVIT OF ROBERT BISHOP BAILEY, II Robert Bishop Bailey, II, after first being duly sworn, deposes and states follows: 1. I am a resident of Albemarle County Virginia and have lived here since I was born in 1958. 2. I am familiar with the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). When I was a child, the Property was owned by my uncle, George W. Bailey. The Property is now owned by my cousin, George W. Bailey, Jr. 3. My earliest recollection of the Property is from when I was about five years old, in 1963, when I remember swimming in the pool on the Property. Through the 1960s and early 1970s, I would often stay at the Property when my parents were out of town. I also attended a number of family reunions there over the years. Through my adulthood, I have consistently visited the Property several times a year. 4. As of the mid-1960s, I recall that there were four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages") and there was an old cabin at the high end of the Property, which I understand was constructed at some point in the 1800s (the "Cabin"). 5. The Cottages and the Cabin have been available for and used as short-term rentals for as long as I can remember, starting sometime in the 1960s. To my knowledge, the Cottages and the Cabins have been continuously available for short-term rentals from that time through the present. 6. The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. EXHIBIT L Further the affiant sayeth not. Given under my hand this _day December, 2019. Ah A Robert Bishop Baile , COMMONWEALTH OF VIRGINIA CITY/CQ4N-T-Y OF Lt hU10Atav11)F, to wit: Subscribed and sworn to before me this rday of December, 2019. Notary Public WIN ItENEE NE'T I l a taryPuWlc-Reg.t187757My Commission expires: 30 1Commonwealth of Vltglnia#MNo y Corn 22n1,2021 Registration No.: ITT? S AFFIDAVIT OF TERRY HAWHINS Terry Hawkins, after first being duly sworn, deposes and states follows: I am a resident of Albemarle County, Virginia. I was born in Charlottesville, Virginia in 1943 and lived there through my graduation from Lane High School. After serving in the military, I returned to Charlottesville and worked for the U.Va. Police Department until 1968, when I took a job with the Richmond Police Department. 2. In 1970, I returned to the area to work as a Deputy Sheriff for the Albemarle County Sheriff's Office. Later that year, George Bailey was elected Sheriff and I proceeded to work with Sheriff Bailey for 17 years, until 1987 when I was elected Sheriff. I served as Sheriff of Albemarle County until 2000. 1 have continued to work as a Deputy Sheriff in various departments since then. 3. I became very close with Sheriff Bailey over the years and spoke with him about a number of topics, including the short-term rental business that he conducted on the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). 4. I first visited the Property in 1971 and visited the Property approximately 9-10 times a year until 1987 when I was elected Sheriff. Thereafter, I visited the Property periodically until Sheriff Bailey's death in 2008. When I first visited the Property, in addition to the house in which Sheriff Bailey lived, there were four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages") and there was an old log cabin at the high end of the Property (the "Cabin"). 6. As of 1971, Sheriff Bailey was renting the Cottages and the Cabin as short-term rentals. Sheriff Bailey and I used to travel a lot together and he would often tell stories about the EXHIBIT � G r different people who came and went. To my knowledge, the Cottages and the Cabins have been continuously used for short-term rentals since 1971. The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. Further the affiant sayeth not. Given under my hand this / (/ day December, 2019. Terry Hawkins COMMONWEALTH OF VIRGINIA, GR'PCOUNTY OF to wit: Subscribed and sworn to before me this I q 41 day of December, 2019. Notary Public 0WIN RENEE NEItSo11 Notary Publk- Reg. t 187757 A /,/2 Commonwealth of Virginia My Commission expires: 1MYConriWonEOmApr.30,2021 Registration No.: I8? 76T 2 AFFIDAVIT OF JAMES GILBERT James Gilbert, after first being duly sworn, deposes and states follows: I am a resident of Greene County, Virginia and have lived in the area since I was born in 1955. 2. I am familiar with the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). My earliest recollection of the Property is from when I was a sophomore at Albemarle High School in 1971 and was friends with George W. Bailey, Jr. ("Bill"). 3. I visited the Property a number of times in high school for parties and social gatherings. I remember that there were four houses in a row that Bill's father, Sheriff Bailey, rented out on a short-term basis, which were known as the "Cottages." We would gather in whichever Cottage happened to be vacant at the time for our parties. I am also familiar with the old log cabin at the high end of the Property (the "Cabin"). 4. I have visited the Property at least 8-10 times a year since high school and the Cottages and the Cabins have been continuously available for short-term rental that entire time. 5. When Sheriff Bailey died in 2008, Bill moved in with his mother to look after her. He also took over Sheriff Bailey's short-term rental business and operated it the same way that his father did. 6. From 2008-2014 I lived in a house located on Tilman Road that Bill offered for long-term rental that is adjacent to the Property. During that time, I occasionally interacted with some of the short-term renters who rented the Cottages and the Cabin, who were mostly tourists renting for a weekend or a week. EXHIBIT The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. Further the affiant sayeth not. Cj Given under my hand this / L day December, 2019. James Gilbert COMMONWEALTH OF VIRGINIA, CITY/C PI--TY OF Q t(O PS1/ E , to wit: � Subscribed and sworn to before me this j"l{ tU day of December, 2019. Notary Public / My Commission expires: 4 80 w Registration No.: PU fir% AFFIDAVIT OF LUCINDA EWELL Lucinda Ewell, after first being duly sworn, deposes and states follows: I am a resident of Albemarle County, Virginia. I first moved to Albemarle County in 1966 and was raised here until I graduated from Albemarle High School in 1972. I am marred to Ian Day. 2. I first met George W. Bailey, Jr. ("Bill") in 1968. I got to know him better in high school, when I was a cheerleader and he was a football player for Albemarle High School. 3. I am familiar with the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). I visited the Property a number of times in high school for parties and social gatherings. I remember that there were four houses in a row that Bill's father rented out on a short-term basis. We would gather in whichever house happened to by vacant at the time for our parties. 4. I am familiar with the four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages") and the old log cabin at the high end of the Property (the "Cabin") 5. I moved away from the area for several years, but in 2000, when my mother-in- law became ill, my husband and I began traveling back to the area and decided to look for short- term rentals to stay in during some of those visits. I remembered from when I was in high school that Bill's father had short-term rentals, so I called Bill to see if that was still the case. I learned that it was. At that time, Bill and my husband and I got reacquainted. My husband and I have stayed in the Cabin on a short-term basis. My husband and I moved back permanently in 2004 and, since that time, have visited the Property many times to see Bill and his wife, as well as to attend parties, funeral services, etc. :DE 6. To my knowledge, the Cottages and the Cabin have been continuously used as short-term rentals. Further the affiant sayeth not. Given under my hand this L day December, 2019. LmAr& Eva Lucinda Ewell COMMONWEALTH OF VIRGINIA, CITY/GQ�6; t OFCAAA4t or.� to wit: Subscribed and sworn to before me this % day of December, 2019. No bli ta�ic c My Commission expires: 3 2- Registration No.: 77.55 3 a jS�INDOIAANPOTTENory Publl - Reg. t 7755930 Commonwealth of Virginia MyComrrsslon f�cPiresJuly 31, 2021 2 AFFIDAVIT OF IAN DAY Ian Day, after first being duly sworn, deposes and states follows: 1. I am a resident of Albemarle County, Virginia. I was born in 1956 and was raised here until leaving at the age of 14 in 1970. I returned to the area on occasion over the years and lived here for four -five years in my 20s. In 2004, I returned to the area permanently with my wife, Lucinda Ewell. 2. I am familiar with the property known as "Bailey's Retreat" located off of Tilman Road in Albemarle County (the "Property"). I began visiting the Property in 1964 at the age of 8, when I lived down the road from the Property. George W. Bailey, Jr., the current owner of the Property, and I became friends at that time and have remained friends ever since. I am familiar with the four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages") and the old log cabin at the high end of the Property (the "Cabin"). 4. I began returning to the area with greater frequency in 2000 when my mother became ill. At some point my wife Lucinda and I decided to look for short-term rentals to stay in during some of those visits. Lucinda remembered from when she was in high school that Bill's father had short-term rentals, so we called Bill to see if that was still the case and learned that it was. Starting in 2000, I began spending time at the Property about 3-4 times a year. Starting in 2004 and continuing through the present, I began spending time at the Property on at least a monthly basis. We moved back to the area permanently in 2004. 5. To my knowledge, the Cottages and the Cabin have been continuously used as short-term rentals. My wife Lucinda and I have rented in the Cabin on a short-term basis. Further the affiant sayeth not. EXHIBIT � I Iq Given under my hand this day December, 2019. COMMONWEALTH OF VIRGINIA, CITY/CY OF /� �Hl/to wit: Subscribed and sworn to before me this g day of December, 2019. NotaiiPublic My Commission expires:44 .ZO2 Registration No.: 77 5 5 4 D iomy ZENDOLAJEANOTTERNotary Public • Reg. t 775930 Commonwealth of Virginia Commis0on ExpiresJuN 31, 2021 iyw R3709 MAIL ► OOMid�._ 61f11DZiFijO i�1i%9bYfiQftffY107 `` "' �� iSli;,i£�f!11t9riUxanci2:imr:tG�1(I�i �'��°� � AFFIDAVIT OF JOHN GARLAND COMMONWEALTH O VIRGINIA, CITY/GG4R TY OF too to wit: John Garland, after fast being duly sworn, deposes and states follows: I am a resident of Albemarle County Virginia and have lived here since I was born in 1957. 2. 1 am familiar with the property known as "Bailey's Retreat" located off Tilman Road in Albemarle County (the "Property"). I first visited the Property in the late 1960s after George W. Bailey, Jr. ("Bill") and I became friends. We met at St. Paul's Ivy Episcopal Church where we both served as acolytes. I first learned that Bill's farther, Sheriff George W. Bailey, Jr., had a short-term rental business in 1975 — the summer before my senior year in high school. I was at the Property visiting Bill and saw that people were renting the four identical, or nearly identical, cottages constructed in a row at the lower end of the Property (the "Cottages"). I am also familiar with the old log cabin at the high end of the Property (the "Cabin"). 4. I have visited the Property at least once a year every year since 1975 and observed that Sheriff Bailey rented out the Cottages and the Cabins for short-term rentals on a regular basis until his death in 2008. Since that time, Bill has operated the rental business in the same manner as his father did. 5. The Cottages and the Cabin have never been enlarged, extended, re -constructed, or structurally altered. Further the affiant sayeth not. Given under my hand this Rday December, 2019. �'�4 John Garland COMMONWEALTH OF VIRGINIA: Subscribed and sworn to before me this I rt day of December, 2019. Notaroublic My Commission expires: 02 d1 Registration No.: 7756q3,2