HomeMy WebLinkAboutSE202000017 Application 2021-02-03Phone 1434)296-5832
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Date:
Re:
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Albemarle County Board of Supervisors
Lea Brumfield, Senior Planner II
January 20, 2021
SE202000017 Plainfields Cottage
05700-00-00-053F0
Samuel Miller
Murray E.S., Henley M.S., Western Albemarle H.S.
RA Rural Areas
Summary of Special Exception:
Fax (434) 972-4126
Pursuant to County Code § 18-5.1.48(i), the applicant is requesting a special exception to modify County
Code 18-5.1.480)(1)(v) to reduce the required 125-foot setbacks for an existing Homestay at 705 Mechums
West Drive to 80 feet +/- from the eastern property line on Gillums Ridge Road (for the structure) and to 65
feet +/- from the southern property line on Mechums West Drive (for parking).
Please see Attachment A for staffs full analysis and recommendations.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve the special
exception with the conditions contained therein.
Attachments:
A. Staff Analysis
B. Applicant's Proposed Homestay
C. County Code § 18-5.1.48 Homestay Zoning Regulations
D. Location Map
E. Parking and House Location Exhibit
F. Resolution
Attachment A - Staff Analysis
To:
From:
Date:
Re:
Owner:
TMP:
Magisterial District:
Albemarle County Board of Supervisors
Lea Brumfield, Senior Planner II
January 20, 2021
SE202000017 Plainfields Cottage
Monroe Kirk or Cathy Smith Train
05700-00-00-053F0
Samuel Miller
APPLICANT'S PROPOSAL:
The applicants are seeking a Homestay zoning clearance and special exception for an existing
Homestay within an existing accessory structure. (Attachment B). County Code §18-5.1.48
(Attachment C) requires a minimum yard of 125 feet from all property lines for parking and structures
used for a Homestay in the Rural Areas (RA) zoning district. County Code §18-5.1.48 allows that
setback to be reduced if a special exception is approved by the Board after notice to abutting property
owners. Approval of this special exception would bring the existing Homestay into compliance.
The accessory structure and guest parking used for the homestay are less than 125 feet from
the property lines. The structure is 80 feet +/- from the eastern property line on Gillums Ridge
Road, and the parking is 65 feet +/- from the southern property line on Mechums West Drive.
The accessory structure complies with the 125' setback from all property lines other than the
above -mentioned eastern property line setback, and the homestay parking complies with the
125' setback from all property lines other than above -mentioned southern property line setback.
CHARACTER OF THE AREA:
The 5.26-acre parcel is located at the corner of Mechums West Drive and Gillums Ridge Road,
at 705 Mechums West Drive. The nearest house is located more than 400 feet away from the
homestay, and the next nearest houses are located more than 500 feet away from the
homestay. There is a 20' planted buffer located on the homestay property along the eastern
and southern property lines that mitigate visibility of the homestay and parking from all nearby
parcels. (Attachment E)
PLANNING AND ZONING HISTORY:
The single-family dwelling and accessory structure were built in 1988.
COMPLAINTS
There are no zoning complaints listed for this parcel.
COMPREHENSIVE PLAN:
The property is designated as Rural Area in the Comprehensive Plan. This designation includes
preservation and protection of agricultural, forestal, open space, and natural, historic, and
scenic resources. The Rural Area chapter of the Comprehensive Plan recognizes tourism as a
vital part of the County's economy, but urges care that tourist activities not overwhelm or
negatively affect the very resources that make rural Albemarle attractive to residents and
tourists. Staff does not believe the homestay use would conflict with these overall goals of the
Comprehensive Plan. The homestay is proposed within an existing structure and is an
accessory use to the residence. It is not expected to cause impacts to the Rural Area and is
supportive of tourism in Albemarle.
ADJACENT PROPERTY OWNER COMMENT:
Notice of this special exception request was mailed to abutting property owners on December
10, 2020. Staff has not received any objections or concerns regarding the request to -date.
ANALYSIS OF THE SPECIAL EXCEPTION REQUEST:
Special exceptions are subject to approval by the Board under County Code §18-33.49:
Sec. 33.49 - Action by the Board of Supervisors.
The Board of Supervisors shall act on an application for a special exception as follows:
A. Action . The Board may either approve the application, deny the application, or defer action to
either allow changes to be made to the application or any proposed conditions prior to final
action by the Board, or to refer the matter to the Commission for further consideration and
recommendation within the time for an action provided in subsection (D).
B. Factors to be considered. In acting on a special exception, the Board shall consider the factors,
standards, criteria, and findings, however denominated, in the applicable sections of this
chapter, provided that the Board shall not be required to make specific findings in support of its
action.
C. Conditions. In approving a special exception, the Board may impose reasonable conditions to
address any possible impacts of the special exception. Except as the Board may specify in a
particular case, any condition imposed on a special exception shall be deemed to be essential
and nonseverable from the special exception itself. Any condition determined to be
unreasonable, invalid, void, or unlawful shall invalidate the special exception.
D. Time for action . The Board shall act on an application for a special exception within 90 days
after the application is determined to be complete. The 90-day period may be extended if the
applicant requests a deferral pursuant to Section 33.52.
According to County Code §18-5.1.48(i)(2), special exceptions may be granted after notice to
abutting property owners upon consideration of the following factors:
(t) There is no detriment to any abutting lot; and
(h) There is no harm to the public health, safety, or welfare.
Under County Code §18-33.49(B), the Board is not required to make specific findings in support
of its action.
Staff's opinion is that reducing the setback from the eastern and southern property lines would
not cause detriment to abutting lots or cause harm to the public health, safety, or welfare. This
opinion is based on several factors favorable, including the unique characteristics and
landscaping of the homestay property. The affected neighboring house is greater than 400 feet
away from the accessory structure used for the homestay, and the homestay and existing house
are both screened to the south and east by a 20' planted buffer. The application meets the
parking requirements of the County Code, and is pursing all other requirements (safety
inspection, and addressing).
RECOMMENDATION:
Staff recommends that the Board adopt the attached resolution (Attachment F) to approve the
Homestay special exception, subject to the following conditions:
1. Parking for homestay guests is limited to the existing parking areas depicted on the
Parking and House Location Exhibit dated December 23, 2020.
2. The existing 20' planted buffer located along the eastern and southern property
boundaries, depicted on the Parking and House Location Exhibit dated December 23,
2020, may not be disturbed and must be maintained with screening that meets the
minimum requirements of County Code § 18-32.7.9.7(b)-(e).
ATTACHMENTS
A. Staff Analysis
B. Applicant's Proposed Homestay
C. County Code § 18-5.1.48 Homestay Zoning Regulations
D. Location Map
E. Parking and House Location Exhibit
F. Resolution
VIO-2019-387
Parcel ID 05700-00-00-053F0
Cottage 705 Mechums West Drive
It seems we do not have a permit. When we signed on with Guesthouses in 2010, it was our
understanding that they took care of necessary permitting and tax remittances thus serving as an
umbrella company.
We have a new permit application ready. As per County instructions, we did not submit the application
because we are non -compliant with the new Homestay regulations.
Our Cottage is approximately 80' from Gillum's Ridge Road. In 1989, we took out a permit for the
construction of the structure that became the Cottage. When building our primary residence, we
understood, as a corner lot, we could establish which side of the lot was our front yard (75' front, 65'
secondary). Because our House enters from Mechums West Drive (a paved road) via the driveway, we
established Mechums as our front at 75' and the side at 65' from Gillums Ridge Road (a dirt road). The
County determined our approach was backwards and we had to move the structure (Cottage) to a
compliant position, at that time 82' from Gillum's Ridge Road. After that, in the late 1990's, VDOT
widened and paved Gillum's Ridge Road with a 50' ROW, an increase from the previous 40'. We were
required to "sell" a strip of property to VDOT; hence the Cottage is approximately 80'.
In 2009, we remodeled the interior of the Cottage, with no change in footprint or mass. In 2010, we
began renting as a B&B through Guesthouses.
At any one time, only one or two people stay in the cottage (approximately 315 sf). In other words, an
individual or couple. Guests sleep in the Cottage and tour vineyards and breweries by day or sometimes
go to football games. The Cottage is closer to our house physically than the road. The road is bordered
by a mature cedar screen and the Cottage is screened by 12' boxwoods and Magnolia trees. The House
and Cottage are generally not visible from Gillum's Ridge Road, only by fleeting glimpses through our 10'
farm gate. There is no noise and there has not been any noise. The guest's car parks in front of our
garage. Neighbors have rented the Cottage for use by visiting relatives and friends.
We have tried to do everything correctly and thought we were "permitted." We would like to continue
offering the Cottage and allow visitors the chance to experience the beauty Albemarle County. Our
ability to do so provides fuel for the economy of Albemarle through taxes and expenditures at various
retail establishments.
Monroe Kirk and Cathy Smith Train
12/9/2019
Sec. 5.1.48 - Homestays.
Albemarle County, VA Code of Ordinances
Each homestay is subject to the following regulations:
a. Residency. The owner of the parcel on which a homestay is located, must reside on the
subject parcel for a minimum of 180 days in a calendar year.
b. Notice. The owner of a parcel conducting a homestay use must provide the name, telephone
number, and emergency contact information of the owner and other designated responsible
agent to abutting parcel owners on an annual basis. The owner must retain and provide a
copy of the notice to the Zoning Administrator within five business days upon request.
c. Parking. In addition to the parking required for a single-family dwelling, the number of off-
street parking spaces required by County Code § 18-4.12.6 must be provided on -site and no
alternatives to parking in § 18-4.12.8 may be authorized.
d. information and sketch plan to be submitted with request for zoning clearance. The
following documents must be submitted to the zoning administrator with each request for a
zoning clearance under County Code § 18-31.5:
Information. Information pertaining to the following: (i) the proposed use; (ii) the
maximum number of guest rooms; (iii) the provision of authorized on -site parking; (iv)
the location, height and lumens of outdoor lighting; and (v) two forms of verification of
the permanent residency of an owner. Acceptable proof of permanent residence
includes: driver's license, voter registration card, U.S. passport, or other document(s)
that the zoning administrator determines provide equivalent proof of permanent
residence at the subject parcel.
2. Sketch plan. A schematic drawing of the premises with notes in a form and of a scale
approved by the zoning administrator depicting: (i) all structures that would be used for
the homestay; (ii) the locations of all guest rooms; and (iii) how access, on -site parking,
outdoor lighting, signage and minimum yards will be provided in compliance with this
chapter.
3. Signatures. The responsible agent and the owner of the parcel must sign the
application.
e. Building code, fire and health approvals. Before the zoning administrator approves a zoning
clearance under County Code § 18-31.5, the owner of the parcel must obtain approval of the
use from the building official, the fire official, and the Virginia Department of Health.
f. Uses prohibited. The following uses are not permitted as uses accessory to a homestay use:
(i) restaurants; and (ii) special events serving attendees other than homestay guests.
g. Responsible agent. Each applicant for a homestay must designate a responsible agent to
promptly address complaints regarding the homestay use. The responsible agent must be
available within 30 miles of the homestay at all times during a homestay use. The responsible
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Albemarle County, VA Code of Ordinances
agent must respond and attempt in good faith to resolve any complaint(s) within 60 minutes
of being contacted. The responsible agent may initially respond to a complaint by requesting
homestay guest(s) to take such action as is required to resolve the complaint. The
responsible agent also may be required to visit the homestay if necessary to resolve the
complaint.
h. Lawfully pre-existing uses. Any bed and breakfast or tourist lodging use approved prior to
August 7, 2019 may continue, subject to conditions of the prior approval(s).
i. special exception.
(1) Waiver or modification of this section is prohibited except to permit:
(i) More than two guest rooms and/or the use of an accessory structure in
association with a homestay on parcels in the Residential or Planned Development
districts, or Rural Areas district parcels of less than five acres;
(ii) Reduction in minimum applicable yards for a structure or parking used in whole or
in part for a homestay.
(iii) The use of an accessory structure built after August 7, 2019.
(iv) Resident Manager occupancy instead of owner occupancy as required by 5.1.486)
(1)(iv).
(2) Special exceptions maybe granted after notice to abutting property owners upon
consideration of the following:
(i) There is no detriment to any abutting lot; and
(ii) There is no harm to the public health, safety, or welfare.
j. Parcel -based regulations.
(1) Each homestay located on (a) a parcel of less than five acres in the Rural Areas Zoning
District or (b) a parcel of any size that allows residential use in the Residential Zoning
Districts or Planned Development Zoning Districts is subject to the following
regulations:
(i) Number of homestay uses. Any parcel may have only one homestay use. An
accessory apartment may not qualify as a dwelling unit for a homestay use.
(ii) Dwelling types. Homestay uses may only be conducted in a detached single-family
dwelling.
(iii) Number ofguest rooms. A maximum of two guest rooms maybe permitted with
each homestay use.
(iv) Owner occupancy. The owner of a parcel with a homestay use must reside on and
be present at the subject parcel during the homestay use.
(v) Minimum yards. 1) In the Residential or Planned Development districts, the
minimum applicable front, side, and rear yard requirements for primary structures
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Albemarle County, VA Code of Ordinances
apply to all structures used for homestays; 2) In the Rural Areas district, the
minimum front, side, and rear yard shall be 125 feet from any abutting lot not
under the same ownership as the homestay, for parking and for structures used in
whole or in part to serve a homestay.
(2) Each homestay located on a parcel of five acres or more in the Rural Areas district is
subject to the following regulations:
(i) Number of homestay uses. Any parcel may have up to two homestay uses,
provided all other applicable requirements are met.
(ii) Accessory structures. Homestay uses maybe conducted in accessory structures
built on or before August 7, 2019.
(iii) Number ofguest rooms. A maximum of five guest rooms maybe permitted with
each homestay use.
(iv) Required development rights, density and limitation. Each single-family dwelling to
which a homestay use is accessory must comply with the following regulations:
(a) on any parcel less than 21 acres in size, the single family dwelling shall be
authorized by a development right as provided in County Code § 18-10.3;
(b) on any parcel, regardless of size, the single family dwelling shall comply with
the permitted density; and
(c) no single family dwelling may have more than one accessory homestay use.
(v) Minimum yards. The minimum front, side, and rear yard for parking and for
structures used in whole or in part to serve a homestay shall be 125 feet from any
abutting lot not under the same ownership as the homestay use.
(vi) Owner occupancy. The owner of a parcel conducting a homestay use must reside
on and be present at the subject property during the homestay use except during
approved whole house rentals.
(vii) Owner occupancy during whole house rental. The owner of a parcel conducting a
homestay use that is approved for whole house rental may be absent during the
rental period for up to seven days in any calendar month and up to 45 days in any
calendar year. The owner shall maintain a log of all homestay uses including the
date of each rental for which the owner is absent. This log shall be provided within
five business days to the Zoning Administrator upon request.
( Ord. 12-18(3), 6-6-12; Ord, 19-18(6), 8-7-19)
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RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR SE2020-00017 PLAINFIELDS COTTAGE HOMESTAY
BE IT RESOLVED that, upon consideration of the Memorandum prepared in conjunction with the
application and the attachments thereto, including staffs supporting analysis, any comments received, and all
of the factors relevant to the special exception in Albemarle County Code §§ 18-5.1.48 and 18-33.49, the
Albemarle County Board of Supervisors hereby approves the special exception to modify the minimum 125-
foot eastern and southern yard required for a homestay in the Rural Areas zoning district, subject to the
conditions attached hereto.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Gallaway
Ms. LaPisto-Kirtley
Ms. Mallek
Ms. McKeel
Ms. Palmer
Ms. Price
SE 2020-00017 Plainfields Cottage Homestay Special Exception Conditions
1. Parking for homestay guests is limited to the existing parking areas depicted on the Parking and
House Location Exhibit dated December 23, 2020.
2. The existing 20' planted buffer located along the eastern and southern property boundaries, depicted
on the Parking and House Location Exhibit dated December 23, 2020, may not be disturbed and
must be maintained with screening that meets the minimum requirements of County Code § 18-
32.7.9.7(b)-(e).