HomeMy WebLinkAboutCLE202000105 Approval - County 2020-10-21APPROVED
by the Altlemarle County y
epartgtent �`� , `%, Albemarle County
Zoning Clearance App� 4 = o Ino° tlN ing
CheMnesmg . VA 22902
.�-- r�e<.t<O Krone 4U-196.5832
FOR OFFICE USE ONLY ClearanceNumber:,.,f' .2d),j _ pp icr—
Fee Amount: $ 54
Receipt #: ()PA
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SFr 11olFrni
Date Paid:
12 C,
By:
Applicant - Fill out the entire page below
And return to Community Development 401 McIntire Rd, North Wing, Charlottesville, VA 22902
9'f A r it<
Name:
Nicole Ganoe
E-Mail Address:
lakesidemarketllc@gmail.com
Mailing Address:
11416 Decatur Dr. Charlottesville, VA 22911
Phone #:
434-409-5221
Tax Map and Parcel
number and/or, Address
of the Business:
4842 Richmond Rd. Keswick, Va 22947
parcel-094000-00-00-028CO
Zoning:
Staff will flu out ifunknown
Parcel Owner:
Petro Fish LLC
Owner's Address:
stoOld rvvmy. sune2a,ch.nemeewle,VA22903
Check any that apply:
New Business Change of use Change of ownership Change of Name
Business Name:
`akeside- atkWLLC
Description of Business'
Describe the business including use, numberof employees, number of shifts, availability of parking, and any additional info.
Old Boyd's Tavern Market, was Island Gas and now is Lakeside Market
Previous Business on Site:
&WfWAS
Floor Plan'
Please attar ither an architectural drawing or a sketch of the proposed business indicating the location of uses, the
uses of rooms, the total square footage of the use, and any additional information.
Total Square age used
for the Business:ss.
Q, 1300 s ft 1 bthrm, kitchen and open area f flbo
Is the Parcel Zoned L1, HI, or PDIP?
Yes No If yes, fill out a Certified Engineer's Report (CER1
Will there be food preparation?
Yes No If yes, provide Virginia Department of Health approval
Is the Parcel on public water or private well?
El Public Q Private If on private well, provide Virginia Department of Health approval
Is the Parcel on public sewer or septic?
Public ❑✓ Septic If on septic, provide Virginia Department of Health approval
Will you be putting up any new signage?
Q Yes El No If yes, obtain appropriate sign permit and list permit # below
Will there be new construction or renovations?
n Yes Q No If yes, obtain appropriate building permit and list permit # below
Please list any applicable Building Permit #s:
o f , 0b,11-Ais Ned)
Zoning Clearance review cannot begin until the application above is complete and all applicable forms and fees are submitted.
This Clearance will only be valid on the parcel for which it is approved. If you change, intensify, or move the use to a new
location, a new Zoning Clearance will be required.
I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the
information provided is true and accurate to the best of my knowledge. I have read the conditions of approval, and I understand
them, and that I will abide by them.
,
Signature Printed C-� 166 ��nV
Date
2
For Albemarle County Staff Review Only
Proposed Use:
_S
Permitted:
Yes ❑ No
Permitted by Section:
Supplementary Regulations:
45
Applicable Special Use Permit (SP):
Applicable Rezonings (ZMA):--
Applicable site Plans (SDP):
_�—
Parking:
If there is an approved site plan associated with the parcel, the parking requirements will be defined by the SDP. Some
parking requirements are determined by a ZMA or by an approved Code of Development.
Parking Formula:
5.1 1-) Q) )
Defined by:
❑Site Plan 19ioning Ordinance ❑ CoD []Existing
Total Square Footage of the Use:
3 O OD
Required number of parking spaces:
aa``,,
5 Q
'�/ — 5 I . y New hi�cn
Associated Clearances:
Variances:
`r
pqannT
1 1
1
Violations:
--�—
Is a site inspection necessary?:
es ❑ No
Site Inspection on (date):
►may'` ao aro�
To Confirm:Sa
Notes: S
��
�YOSS '1 Wi�i wY �ml '1^5 1 lr.�'r�A`'- �n
bin.tl 1 , 1�G� J V4u Cale y
Conditions of Approval:
Additional conditions of approval apply to Rmworkk and Christmas Trees
YbSS
Ini 46( S0w) t (OU %y Ft W U t 4W V-"
Apprcyval Information
M Approved as proposed ❑ Approved with conditions ❑ Denied
❑ Backflow prevention device and/or current test data needed for this site. Contact ACSA, 434.977.4511 ext. 117
❑ No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance
with the existing site plan.
❑ This site complies with the site plan as of this date.
Conditions:
Additional Notes:
Buildinc
Zoning
Other Official
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Phone: 434.296.5832 Fax: 434.972.4126 4
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"44
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Sec. 5.1.45 - Country stores.
Each country store, Classes A and B, shall be subject to the following, as applicable:
a. Country store, Class A. Each country store, Class A, shall be subject to the following:
Primary use . At least 51 percent of the gross floor area of a historic country store building shall
be used as a country store, including accessory food sales and interior seating for accessory
food sales as provided in section 5.1.45(a)(2)(a).
Accessory uses. The following uses are permitted as accessory uses:
a. Accessory food sales . Accessory food sales, which may include, but are not limited to,
luncheonettes, snack bars, refreshment stands and other restaurant uses. Interior seating
for luncheonettes, snack bars, refreshment stands and other restaurant uses shall not
exceed 20 percent of the total gross floor area of the country store use. An additional 20
percent of the total gross floor area of the country store use shall be allowed as exterior
seating.
b. Single family dwelling and offices . Up to 49 percent of the gross floor area of an historic
country store building may be used for one single family dwelling and/or one or more
offices.
3. Exemptions . Country stores, Class A shall be exempt from sections 4.1.2, 4.1.3, 4.12.6,
4.12.13, 4.12.14, 4.12.15, 4.12.16(a) and (b), 4.12.17, 4.12.18, 4.12.19, 6.3 (B), (F) and (G),
6.4(D), 32.7.2.7, 32.7.2.8, and 32.7.9.
4. Building size . An historic country store building shall not exceed the gross floor area of the
building as it existed on November 12, 2008 or 4.000 square feet gross floor area, whichever is
greater.
5. Front yard setback. The following minimum front yard setback shall apply
a. Building satisfies minimum front yard setback. If, on November 12, 2008, a historic country
store building satisfies the minimum front yard setback set forth in section 10.4, then that
setback shall apply.
b. Building does not satisfy minimum front yard setback. If, on November 12, 2008, a historic
country store building does not satisfy the minimum front yard setback set forth in section
10.4, the minimum front yard setback shall be the distance between the building and the
street, road or access easement on November 12, 2008 and that distance shall not be
thereafter reduced. An enlargement or extension of the building shall: (i) be no closer to a
right-of-way than the existing structure or footprint; (ii) be set back from the street, road or
access easement the minimum distance required by the Virginia Department of
Transportation to provide sight distance; and (iii) comply with the rear and side yard
setback requirements, unless they can be reduced pursuant to section 4.11 of this chapter.
6. Entrances . No existing entrance for a new use shall be used until the Virginia Department of
Transportation approves the entrance to the site. Except for those changes to the entrance
required to meet applicable design standards, provide adequate sight distance and safe and
convenient access as determined by the county engineer, each existing entrance shall retain its
existing site character as determined by the director of planning.
7. Sewage disposal systems . Notwithstanding any other provision of this chapter, if an on -site
conventional sewage disposal system cannot be approved:
a. Off -site conventional sewage disposal system . The zoning administrator may approve a
conventional sewage disposal system to serve a country store and its accessory uses that
is located on an abutting lot, provided that the owner obtains from the owner of the abutting
lot an easement and the deed of easement is in a form acceptable to the county attorney
that provides perpetual access to the sewage disposal system to allow its installation and
maintenance.
b. On -site nonconventional sewage disposal. The zoning administrator may authorize an on -
site nonconventional sewage disposal system if the applicant demonstrates to the
satisfaction of the zoning administrator that: (i) a conventional sewage disposal system
cannot be provided on -site for the country store use only; (ii) the lot on which the country
store use is located cannot be enlarged by boundary line adjustment or subdivision; (iii) a
conventional sewage disposal system cannot be located on any abutting lot owned by the
applicant because of a physical condition or limitation of that lot including, but not limited
to, topography, soil conditions, or existing improvements on the abutting lot (hereinafter, a
"physical condition or limitation"; (iv) a conventional sewage disposal system cannot be
located on any abutting lot that is under different ownership than the lot on which the
country store is located because of either a physical condition or limitation or the owner's
refusal to grant an easement; and (v) the Virginia Department of Health approves the
nonconventional sewage disposal system. In authorizing a nonconventional sewage
disposal system, the zoning administrator shall require that the applicant maintain the
system as recommended by the Virginia Department of Health or as required by law.
c. Systems defined . For the purposes of this subsection, a "conventional sewage disposal
system" means a sewage disposal system regulated and authorized by the Virginia
Department of Health that uses a subsurface soil absorption system; a "nonconventional
sewage disposal system" means a sewage disposal system regulated and authorized by
the Virginia Department of Health that does not use a subsurface soil absorption system
including, but not limited to, a Type III system regulated under 12 VAC 5-610-250(C).
b. Country store, Class B. Each country store, Class B, shall be subject to the following:
Primary use . At least 51 percent of the gross floor area of a non -historic country store building
shall be used as a country store, including accessory food sales and interior seating for
accessory food sales as provided in section 5.1.45(b)(2)(a).
2. Accessory uses. The following uses are permitted as accessory uses:
a. Accessory food sales . Accessory food sales, which may include, but are not limited to,
luncheonettes, snack bars, refreshment stands and other restaurant uses. Interior seating
for luncheonettes, snack bars, refreshment stands and other restaurant uses shall not
exceed 20 percent of the total gross floor area of the country store use. An additional 20
percent of the total gross floor area of the country store use shall be allowed as exterior
seating.
b. Single family dwelling and offices . Up to 49 percent of the gross floor area of the non -
historic country store building may be used for one single family dwelling and/or one or
more offices.
3. Exemptions. Country stores, Class B, shall be exempt from section 32.7.2.8.
4. Building size . A non -historic country store building shall not exceed the gross floor area of the
building as it existed on November 12, 2008 or 4,000 square feet gross floor area, whichever is
greater.
5. Front yard setback. The following minimum front yard setback shall apply:
a. Existing building satisfies minimum front yard setback . If, on November 12, 2008, an
existing non -historic country store building satisfies the minimum front yard setback set
forth in section 10.4, then that setback shall apply.
b. Existing building does not satisfy minimum front yard setback. If, on November 12, 2008,
an existing non -historic country store building does not satisfy the minimum front yard
setback set forth in section 10.4, the minimum front yard setback shall be the minimum
required by the Virginia Department of Transportation to provide sight distance.
c. New building. Each non -historic country store building established on and after November
12, 2008 shall comply with the minimum front yard set forth in section 10.4.
6. Entrances . No existing entrance for a new use shall be used until the Virginia Department of
Transportation approves the entrance to the site. Except for those changes to the entrance
required to meet applicable design standards, provide adequate sight distance and safe and
convenient access as determined by the county engineer, each existing entrance shall retain its
existing site character as determined by the director of planning.
c. Sale of gasoline and other fuels. If a special use permit is granted for the sale of gasoline and other
fuels, the sale of gasoline from dispensers shall be limited to one multiple product dispenser or one
dispenser containing no more than six nozzles, not including nozzles for diesel fuel.
d. Pre-existing country stores. Any country store existing before and continuing on and after November
12, 2008 that was authorized by a special use permit or a conditional use permit (the "permit')
granted by the board of supervisors shall be subject to the following:
1. Country store, Class A . If the country store qualifies as a country store, Class A, the permit and
its conditions shall be of no further force or effect. If the permit or a modification, waiver,
variation, or a variance granted prior to November 12, 2008 authorizes what would otherwise be
allowed only by a modification or waiver of the requirements of section 5.1.45, the country store,
Class A and/or the historic country store building as approved shall be deemed to comply with
section 5.1.45.
2. Country store, Class B . If the country store qualifies as a country store, Class B, the permit and
its conditions shall apply or not apply as follows: (i) if the permit has a condition that is more
restrictive than the applicable regulations in section 5.1.45, the applicable regulations in section
5.1.45 shall apply; and (ii) if the permit or a modification, waiver, variation, or a variance granted
prior to November 12, 2008 authorizes what would otherwise be allowed only by a modification
or waiver of the requirements of section 5.1.45 granted under section 5.1, the country store,
Class B and/or the non -historic country store building as approved, shall be deemed to comply
with section 5.1.45.
3. Gasoline fuel dispensers . Gasoline fuel dispensers established prior to November 12, 2008
may qualify as a nonconforming use under section 6.2.
e. Continuation of accessory uses . Notwithstanding any other provision of this chapter, if a country
store, Class A or Class B, use discontinues, an accessory use authorized by sections 5.1.45(a)(2) or
5.1.45(b)(2) may continue for up to two years thereafter even though a country store, Class A or
Class B use is not reestablished during that period.
f. Canopies. Canopies over gasoline fuel dispensers shall be subject to the following:
1. Canopies existing on November 12, 2008 . Canopies existing on November 12, 2008 are
permitted, provided that the location, height, size, area, or bulk of a canopy existing on
November 12, 2008 shall not be thereafter changed, enlarged or extended, and further provided
that the height, size, area or bulk of a canopy may be reduced.
2. Canopies established after November 12, 2008 . No canopy may be established at a country
store, Class A, after November 12, 2008. A canopy may be established at a country store,
Class B, after November 12, 2008 as authorized by a special use permit for a country store,
Class B, under section 10.2.2(22)
( Ord. 08-18M , 1 t-12-08)
29
Albemarle County
Zoning Clearance Application = 1'' = °« n� Rd,,NohW
461 ft.,ne Rd, 229 Wing
ChaelotlesNlle, VA 22902
PMne134.296.6632
Applicant - If you are not the land owner, please fill out the entire page below confirming that you have either
informed or are going to inform the owner of your zoning clearance application.
CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN
PROVIDED TO THE LANDOWNER
I certify that I will provide (or have provided) notice of this clearance application,
(�-(.E 202c-OC�(05
clearance number provided by Staff or business name
to r ish Lu the owner
Name of landowner on record
of Tax Map and Parcel Number D' /qNh 6D i (1,() by either delivering a
I me number of property
copy of the application to them in person or by sending them a copy of the application by
/ mail. (Please check one of the following below)
9I Hand delivering a copy of the application to the owner identified above on
Date
❑ Mailing a copy of the application to the owner identified above on
Date to the following address:
(Written notice to the owner and last known address on our record books will satisfy this
requirement. Please see staff for help determining this information if needed)
Signature of Applicant
Applicant Name Printed
Date
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