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HomeMy WebLinkAboutHS201900026 Correspondence 2020-06-02 (2)Rebecca Ragsdale From: biIIc@crutchfield.com Sent: Tuesday, June 2, 2020 12:59 PM To: Ann Mallek; Diantha McKeel Cc: Jeff Richardson; Rebecca Ragsdale Subject: 2405 Northfield Road Attachments: img-601142826-0001.pdf, img-401121446-0001.pdf, img-401121512-0001.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ann and Diantha, Since we have known each other for some time, I am addressing this email to you. I know that the Board has been overwhelmed by the near -unanimous neighborhood opposition to Manor LLC's requested exemption to your new homestay ordinance. It is to be heard at your June 17th meeting. As you know, this limited liability corporation is building a 5 bedroom, 22 guest homestay at 2405 Northfield Road. I say "near -unanimous" because you have received one sole email in support from Waki Wynn. According to her signature block, she appears to be a real estate agent with RE/MAX. Her endorsement could be self-serving if she was the agent who assisted Manor LLC's manager, Darrick Harris, in the purchase of this property. Here are some disturbing facts. In his letter of November 18, 2019 to your full board, Mr. Harris stated that "A building permit was submitted in 2018 for renovations to the property to be used for a homestay." This is evidence that his intent for renovating this property was to turn it into a homestay and into not his home. Also, there has been a neighborhood legal restriction against this type of use since 1960. Restriction #1 states "No building of any kind shall be erected or maintained upon the lot herein conveyed except one private dwelling designed and constructed for use by a single family and private garage and stable for the sole use of the occupants of the dwelling on the same lot." I am attaching PDFs of Mr. Harris' November 18th letter and of the Northfields restrictions. Since Mr. Harris has allegedly spent over a $1 million on his mega-homestay, he will surely offer an aggressive case for his exemption. He may suggest that the County was very much aware of his intention from the beginning to build a commercial, mega-homestay. It was. He may possibly assert that his exemption should be approved based on retroactivity since the permit for its intended use was issued a year before the new ordinance became effective. He may also assert that his violation of the neighborhood's legal restriction is moot since the County did not account for it in the permitting process. The far bigger issue is how a situation like this could have gotten to this point. Regardless of the outcome of Mr. Harris' case, it appears that there may have been a serious breakdown in the County's permitting process. A structure which is to be used exclusively as a homestay is logically a commercial structure. As I previously mentioned, Mr. Harris clearly disclosed that it was to be a commercial homestay and not a home in his building permit application. It is my understanding that commercial structures cannot be administratively permitted in residential neighborhoods. If they are being considered, a process of public hearings and reviews must take place. Obviously, no public hearing was held in this case. In fact, the adjoining property owners where not even notified of a commercial structure being permitted. Then, we have the issue of permitting a structure which is in clear violation of the neighborhood's property restrictions. I am sure that, if an applicant applied for a permit to build a mega-homestay in Farmington, Glenmore or one of our other "elite" neighborhoods with similar restrictions, the County's various review processes would have stopped it from being approved. If not in those neighborhoods, why would a building permit be issued for a commercial, mega-homestay in Northfield? These are serious issues which Greg Kamptner should be made aware. With the exception of Ms. Wynn, I suspect that every resident of Northfields agrees with me. Thank you for your attention to this truly unfortunately situation. Best wishes, Bill Crutchfield 2406 Northfield Road November 18, 2019 Albemarle County Board of Supervisors I respectfully request that the following Homestay regulations be waived for my property Located at 2405 Northfield Road, Charlottesville, VA 22901. • Number of guest bedrooms • Waive owner/occupancy requirement A building permit was submitted in 2018 for renovations to the property to be used for a homestay. I currently have a homestay/Airbnb that has been operating for over 2 years (Rockbrook Manor) and would like to be able to operate this homestay/Airbnb the same way. It has been my intent since purchasing the property that I would be able to operate this Homestay/Airbnb (Northfield Manor) as my second Homestay/Airbnb property and with the current changes to the Homestay regulation I am hopeful that the this homestay would be able to operate in the same manner as the current one. I believe that this property (2405 Northfield Road) would operate well as a homestay for many reasons: • Self-contained (private) property that is completely fenced in • The lot is over 1 acre — far enough away from all abutting property owners • On -site parking for all vehicles • Low probability of any disturbances with the owner present I take pride in the operation of the current Homestay/Airbnb and have always been respectful of the neighbors/neighborhood. If approved for the Special Exception, the same would apply for this property. I respectfully request that you grant a special exception to waive the above -mentioned regulations to allow me to operate the Northfield property as a Homestay/Airbnb while also continuing to contribute to tourism in the Charlottesville/Albemarle area. Sincerely, Darrick Harris, Owner in the State of Virginia, do hereby certify that E. B. Crenshaw and Dolly D. ;Crenshaw, his wife, whose names are signed to the foregoing writing bearing ,date the 1st of January, 1960, have and each has acknowledged the same before me, in my County aforesaid. Given under my hand this 1st day of March, 1960. My commission expires the 23rd day of December, 1962. Dora F. Harman, Notary Public. IVIRGINIA, (IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, MAY 17, 1960. This deed was presented to me in said office and with certificate annexed ;admitted to record at 12:30 P. M. & $12.10 Stamp Affixed. Teste: �/ • ,Clerk. Pd— uY NORTHFIELDS -- SECTION 493W= 40 u4- Northfields q�q�40� i The attached plat of part of the Northfields Subdivision in Albemarle Section �P" ,County, Virginia, northwest of Rio on Southern Railroad has been made and is Plat and Res ions 'recorded with the consent of and at the request of Charles Wm. Hurt, owner, Fee 4.00 ;and the lots shown on the prat are subject to restrictive covenants and Plat 1.00 ;easements as follows: Pd. $ 5.00 SOURCE OF TITLE: This is part of the land conveyed to Charles Wm. Hurt by deed of Iy�(� )1' Ll�tw Sadie fi. Basham and others dated December 1, 1958 and recorded January 2, 1959 in D. R. 345 p. 291, plat or. p. 292 A and in which Charles Wm. Hurt and wife conveyed a one-third interest to D. French Slaughter, Jr. by deed dated and recorded January 2, 1959, D. B. 345 p. 298, and which one-third interest was reconveyed by D. ';French Slaughter, Jr. and Kathleen Slaughter, his wife, by deed dated September 114, 1959 and recorded September 19, 1959 in D. B. 352 p• 231, plat on p. 235 to ;239- RESTRICTIONS• 1. No building of any kind shall be erected or maintained upon the lot herein conveyed except one private dwelling designed and constructed for use by a single family and private garage and stable for the sole use of the occupants of the dwelling on the same lot. No trailers, tents or other temporary quarters shall be used as a dwelling either temporarily or permanently. 2. No residence, building or structure of any kind shall be erected' upon said property, and no alterations or additions to any such residence, building or structure shall be made until after the plans thereof (including exterior color :scheme, grading plan and location of such residence, building or structure) shall :have been approved by Charles Wm. Hurt or anyone who has succeeded in his title to 1/3 of the lots until such time as 20 houses shall be built and occupied at which time there shall be a committee of three elected yearly by the lot owners, owner of each lot having one vote. The committee shall from then on take over, authority of Charles Wm. Hurt in regard to the administration of restrictions I All houses hereafter built on lots in Block L and Block M shown on i the attached plat shall have a minimum of 1400 square feet of floor space within the exterior walls exclusive of basement, garage and porches open or closed. i 3. No building or any part thereof shall be erected within thirty feet iof any street or road, nor within twenty feet of any side line or twenty-five feet of any rear line. No suit or action shall be filed on account of a building !violating this restriction after sixty days from the completion of the building. It shall be conclusively presumed that proper permission has been secured 1 ,for any work don§ under Restriction 2 and that the house is located as required by 'Restriction 3 unless within 60 days from the completion of the work suit with ,a lis pendens is filed claiming a violation. r i ' 4. No re -subdivision of any part of this property by sale or otherwise i shall be made unless the consent of Charles Wm. Hurt or the above committee thereto 'shall have been first obtained. 5• No billboards or signs of any kind shall be erected, maintained or 7displayed larger than one foot by two feet and no signs except "For Sale" or "For I Rent" or notices of professional offices shall be displayed without the consent of Charles Wm. Hurt or the above committee. { 6. All sewage disposal shall be in accordance with the specificatiorps ;'of the State Health Department. 7. Charles Wm. Hurt reserves for himself and the benefit of all purchasers of lots in northfields, the right or easement 6 feet in width along the rear aTd side lines of the lot hereby conveyed for pole lines and conduits in connectioT with supplying light, power, water, gas, sewer and telephone service; also.reservesl I the right of access, at all times, to such lines and conduits for purposes of construction, maintenance and repair. ++� it 8. No nuisance of any sort shall be maintained on the property hereby 'conveyed. II' 9. These restrictions shall apply for a period of twenty-five years from the first day of January, 1960, and shall be continued automatically thereafter ;for periods of twenty-five years, unless prior to the expiration of any twentyfive year period the owners of a majority of the net lots in Northfields shall execute i and acknowledge and record in the proper Clerk's Office for a deed conveying tb'e !land, an agreement releasing the land from any or all of the above restrictions. i But the restrictions shall not prevent use of any of the land for wells and water system and sewer disposal system. Given under my hand this 16th day of May, 1960. I Charles Wm. Hurt (SEAL) STATE OF VIRGINIA. ., COUNTY OF ALBEMARLE, TO -WIT: I, Browning G. Largent, a Notary Public for the County aforesaid, in1the State of Virginia, do hereby certify that Charles Wm. Hurt, whose 1 name is signed to the foregoing writing, bearing date on the 16th day of May, 1960, has acknoJledged the same before me in my County and State aforesaid. Given under my hand this 17th day of May, 1960. j My commission expires July 17, 1960. Browning G. Largent, Notary Public.