HomeMy WebLinkAboutFDP201500002 Correspondence 2012-07-10COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 9724126
July 10, 2012
Pete Caramanis
Attorney at Law
P.O. Box 2737
Charlottesville, VA 22902
Re: Official Zoning Determination (LOD 2012-005) — Mechums Trestle, LLC (Tax Map
57, Parcel 31A)
Dear Pete,
This is in response to your letter of determination request referenced above. You have asked
for a finding in three areas: setbacks, nonconforming parking and requirement for site plan
approval. This is a determination under the Zoning Ordinance and does not constitute a finding
under the Water Protection Ordinance or other regulations that I do not administer.
Setbacks
VA 95-05 was conditionally approved by the Albemarle County Board of Zoning Appeals
on June 6, 1995 to reduce the building setback for 1-story from 30 feet from public
streets, to 7 feet from Rt. 680 and to 9 feet from Rt. 240 (Section 21.7.1). This approval
does not have an expiration or sunset date and remains in full force and effect. If the
development complies with the conditions of approval, the footprint remains the same
and the second floor complies with the setback requirements, it may occur under this
approval and does not require an amendment.
2. Nonconformina Parking Lot
With a February 2, 2005 official determination, the County Engineer and I determined
that the parking area depicted within the limits of the "previous parking area" on the site
plan approved by the County on September 8, 1997 (SDP 96-051) and which was within
the technical limits of the Water Protection buffer, is lawfully nonconforming and may
remain in accordance with the provisions for nonconformities. Even though the site was
not developed in accord with this site plan, I have regularly observed that it has been
continuously and informally used for parking since this determination. There is no
evidence of an intent to abandon or an actual abandonment of the use of parking on this
property for various purposes and by various entities, public and private. The
use has not discontinued for more than two years, nor has it changed to a more
restrictive nonconforming use. Under the provisions for nonconformities in the Zoning
Ordinance, Section 6.0, the parking area may continue to be used for parking, including
for parking to serve a new use that will be developed.
3. Requirement for Site Plan Approval ,
The use of this property as a restaurant ceased well over two years ago and closer to
Page 2
July 10, 2012
Official Zoning Determination (LOD 2012-005) — Miechums Trestle, LLC {Tax Map
57, Parcel 31A)
two decades ago. Therefore, it has not been used continuously as a restaurant and any
nonconforming rights to "continue" that use or a similar use without the requirement of a
site plan have been extinguished. The proposed use of this property as a restaurant is
not exempt from the requirement of a site plan. Specifically, the change from informal
and occasional parking to a restaurant is an intensification of use for which the Virginia
Department of Transportation will require an alteration of the ingress/egress (Section
32.2.a (5ii)).
In the event the owner / applicant chooses to submit a site plan for review, it will be reviewed in
accordance with the regulation in effect at the time, except as modified by the approved building
setback variance or by the continuation of nonconforming parking area. Please ask the owner /
applicant to contact us to set up a preapplication conference to go over proposed development
plans.
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. 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 § 34.3 of the Zoning Ordinance, along with a
fee of $240 plus the actual cost of advertising the appeal for 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.org/cdapps. This form applies to the appeal of a decision 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 located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.or,q/countVcodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.orq/cdapps.)
Sincerely,• p
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Amelia G. McCulle A.I.C. .
Am i y,
Zoning Adminstrator