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Home My WebLink AboutAP200400009 Correspondence 2005-01-03L2 L ECLAIR RYAN A Professional Corporation 123 East Main Street 81h Floor Charlottesville, Virginia 22902 434.245.3444 January 3, 2005 BYELECTRONIC MAIL Ms. Amelia McCulley Zoning Administrator Albemarle County Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 Mr. Max Kennedy, Chairman Albemarle County Board of Zoning Appeals 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tboyd@leclair an.com Direct Dial: 434.245.3429 Fax 434.296,0905 Re: Request to Defer Appeal of Official Determination (AP-2004-009) Dear Ms. McCulley and Mr. Kennedy: Based on my conversation of this morning with Ms. McCulley, I respectfully request that the Board defer consideration of the above -noted appeal until its February 2005 meeting. This request for deferral is made on the understanding that a determination letter will be issued under the County Water Protection Ordinance (WPO) finding that the stream buffer required by the WPO will not encroach upon any portion of the previously -existing, nonconforming parking area for the property, which is shown as "previous parking area" on the 1997 final site plan for the property (SDP 96-051 Caf6 No Problem). The new determination letter will supersede the County's prior determinations of the stream buffer boundary, as contained in Ms. McCulley's determination of October 13, 2004, Mr. Kelsey's determination of November 23, 2004 and Mr. Fritz's determination of September 29, 2004. In addition, it would be helpful if the letter acknowledged that the efforts by the present property owner since purchasing the property in July of 2004 have continued to toll the running of the 2-year period for discontinuance of the nonconforming parking. This has been discussed in telephone and email communications, and having it as part of the new determination would confirm our understanding of the status of the nonconforming parking. Alexandria . Blacksburg . Charlottesville . Glen Allen . Norfolk • Richmond - Roanoke • Washington DC www.leclairryan.com Ms. Amelia McCulley Mr. Max Kennedy January 3, 2005 Page 2 of 2 Thank you very much for your consideration of our request. <urstruly o Tara Rowan oyd, Esq. C.c.: Mr. Melton McGuire Mr. William McKechnie Steven W. Blaine, Esq.