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HomeMy WebLinkAboutSE202000021 Application 2021-01-20l� C � iq COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 To: Albemarle County Board of Supervisors From: Lea Brumfield, Senior Planner II Date: January 20, 2021 Re: SE20200021 Homestay Special Exception Milton Ridge TMP: 07900-00-00-043SO Magisterial District: Scottsville School Districts: Stone -Robinson E.S., Burley M.S., Monticello H.S. Zoning District: RA Rural Areas Summary of Special Exception: Pursuant to County Code § 18-5.1.48(i), the applicants are requesting a special exception to modify County Code 18-5.1.480)(1)(v) to reduce the required 125-foot setback for an existing Homestay at 1819 Milton Road to 100 feet +/- from the front western property line and to 35 feet +/- from the southwestern property line. Please see Attachment A for full details of staff's analysis and recommendations. Staff Recommendation: Staff recommends that the Board adopt the attached Resolution (Attachment H) 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. Neighbor Comment Letter G. Buffer Exhibit H. 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 SE202000021 Milton Ridge Michael and Patricia Phillips 07900-00-00-043SO Scottsville 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 allow the existing homestay to come into compliance. The structure and guest parking used for the homestay are less than 125 feet from the front property line with Milton Road (100 feet +/-) and side southwestern property line (35 feet The homestay and parking comply with the 125' setback from all other property lines. CHARACTER OF THE AREA: The five -acre property is located at 1819 Milton Road. The nearest house is located across Milton Road, 230 feet away from the homestay, and the next nearest houses are located more than 270 feet away from the homestay. The homestay is located in an accessory structure between the existing house and Milton Road, and is visible to the nearest neighboring house. There is currently no screening between the homestay and affected property lines. The neighboring parcel to the south contains 100' of vegetation between the homestay and the next nearest house, but these plantings are not controlled by the applicant. (Attachment E) PLANNING AND ZONING HISTORY: The single-family dwelling was built in 2007. The accessory structure proposed for homestay use was built as a farm building from 2007 to 2010 and the interior finished for human habitation in 2011. 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 will 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. The applicant included with the application two letters of support from neighboring property owners (Attachment B). One letter of support was written by the owner of the closest house west of the homestay across Milton Road, who would be most directly impacted by the approval of the homestay. The second letter of support was written by the next closest house, directly south of the homestay. Additionally, staff received a comment letter expressing concern from a neighbor on December 23, 2020 (Attachment F). This letter was primarily focused on the proximity of the homestay structure to the road, and compliance of the structure with setbacks and building permits. As noted above, the structure complies with setbacks applicable to an accessory structure and building permit requirements. 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. Pursuant 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: (d) There is no detriment to any abutting lot; and (di) There is no harm to the public health, safety, or welfare. Pursuant to County Code §18-33.49(B), the Board is not required to make specific findings in support of its action. The Board may approve, approve with conditions, deny, or defer this application. Staff finds the following factors favorable to the request: 1. The nearest homes are situated 230', 270', and 680' away from the homestay. 2. The homestay meets primary structure setbacks for the Rural Area (25' side setback). 3. The architecture of the homestay structure is appropriate to the rural character of the area. Staff finds the following factors unfavorable to the request: 1. The structure proposed for homestay use is not screened from property lines less than 125' away from the structure. Staff's opinion is that reducing the setback from the southwestern property line would not cause harm to the public health, safety, or welfare. However, concerns have been raised by a neighbor to the south about visibility of the homestay. Visibility could be mitigated by establishing a buffer. Therefore, staff is recommending, if the homestay is approved, that a 20' buffer/screening be established, consistent with previously approved homestays. The application meets the parking requirements of the County Code, and is pursing all other homestay requirements (safety inspection, addressing). RECOMMENDATION: Staff recommends that the Board adopt the attached resolution (Attachment G) 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. A vegetative buffer at least 20' wide must be planted and maintained in the general locations shown on Attachment H - Buffer Exhibit, 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. Neighbor Comment Letter G. Buffer Exhibit H. Resolution MILTON RIDGE PROPERTIES, LLC. Michael W. & Patricia S. Phillips (owners) 1819 Milton Road Charlottesville, VA 22902 SCC ID No. S412483-2 EIN #: 46-0769006 DATE: October 27, 2020 TO: COUNTY OF ALBEMARLE, COMMUNITY DEVELOPMENT RE: APPLICATION FOR A SPECIAL EXCEPTION FOR HOMESTAY COMPLIANCE OF REQUIRED SETBACKS I am writing to request that I receive a special exception to the number of feet required to bring my Airbnb Barn studio into compliance. My barn studio was built as an auxiliary building on our rural 5+ acre property in 2007. It is considered a 1 bedroom, although there are no walls separating the space as such. We allow only 2 guests to stay in our Airbnb. There is parking space available right in front of the barn studio to accommodate 2+vehicles. See drawing. My two (2) closest neighbors in proximity to our barn studio homestay have both written letters in support of this special exemption. 1 have included those letters in this application. My one neighbors house, owned by Dustin Greene, located at 1180 Milton Road, actually sits behind the barn and to the far left, across a private road (Lafayette Lane) and is about 275 feet from the closest point of our barn studio. His actual property line, though, (he actually owns 2 adjacent parcels) sits only 35 feet from the closest point to our barn studio, and thus is the reason we are asking for special exception. We feel his house is far enough away with plenty of buffering so as to not create any type of disturbances from our renting our barn studio as a homestay. My second neighbor's house, owned by Kimberly Martin, located at 1814 Milton Road, actually sits across a main road (SR 732), and according our own rough measurements, her property line is approximately 125 feet from our barn studio. Her house actually sits about 225 feet from the closest point to our barn studio. Furthermore, the back end of our barn studio faces Ms. Martin's house. The parking area and porch to the barn studio face our main house which would add another 40 feet of buffer. Finally, we feel our property of 5 acres sits adequately on all sides to our adjacent neighbors to support the functionality of having an Airbnb. Respectfully, Patricia Phillips Dear County Board of Supervisors, I live at 1180 Lafayette Lane immediately adjacent to 1819 Milton Road. I am writing regarding approval of the Phillips property to be included as an Airbnb. Increasing rural area setbacks on existing buildings retroactively undermines the functionality of the property. I would recommend approval to allow the use of their property as an Airbnb. Please feel free to reach out to me if you would like further discussion in any agenda or guidance meetings. Best Regards, Dustin Greene, PE (415)420-8238 trishsphillips@embargmail.com From: Kim Martin <kmartin2@k12albemarle.org> Sent: Sunday, October 11, 2020 8:51 AM To: trishsphillips@embargmail.com Subject: Board of Supervisors Dear County Board of Supervisors, My name is Kim Martin and I reside and own the property at 1814 Milton Road. I live directly in front of the property in question at 1819 Milton Road. I am writing in regards to their Airbnb that is seeking to be approved through this county process. Although my property does not abut their property, I am in closest proximity to the building in question. As the closest neighbor to the Phillips Airbnb, I would recommend that they are approved for the ability to use this property as an Airbnb. I trust them as neighbors and don't foresee that conducting business through an Airbnb would be any problem. Sinc rely, _ Kim Martin 1814 Milton Road Charlottesville, VA 22902 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 1/3 12/9/2019 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 2/3 12/9/2019 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) 3/3 SE202000021 Location Ma Legend \ 7M9s�6e (Note. Some Hence on map may not appear In MgMd) n-R Milt Parcel Info 79-43A ❑ Parcels 78E-1 B2 Letters of support ze51 Letter expressing concern* 9V h H I I I.F.a rim 78C-1 B3 l i 1814 79-435 78C-1 B1 78C-16 18.19 1 79-43R 78C-8 78C-7 1710 1180 1743 ���- 1703 1719 1711 79-43J 79-43K 79-43L !� O !i 79-43G 79-43H L/ 1265 290 ft 1205 79-43M 2 GIS-Web ce�r 9nic Data senicea 79-43Q 79=44 . IMmade.orgtgts fax)zln5s3z My determination of topo3rapby or contours, m amy depiction of physical Improvements, proper, lines or bounderies Is for general Information only and shall not be used for Me design, mMificalion, or construction of Improvements to real proper, or for bond plain tleterminalion. cerember 28, 2020 Map elements may scale larger than GIS data measured in the map or as provided on the data royal page due to the projection used Map Projection: Val Web Mercator (Auxiliary SpMre) (EPSG 3857) HS202000021 Parking and House Location Exhibit December 23, 2020 Location of Homestay * Lea Brumfield From: Barbara Bozsik <bbcorfu@gmail.com> Sent: Wednesday, December 23, 2020 4:00 PM To: Lea Brumfield Cc: Barbara Bozsik Subject: Special Exception for Homestay Milton Ridge/Philips 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. Lea, Thank you so much for explaining the Department of Community Development letter to me so I can address this issue properly as a neighbor. The barn/residence at 1819 Milton Rd that Mr. Philips is requesting an Exception for was not supposed to be a residence at all. To my knowledge going back to 2012 Mr. Philips had asked the neighbors if building a shed for his riding lawn mowers was ok since it was going to change the view from one of the homes. The small shelter for lawn mowers, soon became an office and the office has become a full building with living spaces for rent. As an adjoining owner I object to any exception for this building due to the fact that it is built too close to the lines. In addition the fence near it is in the neighboring property. My objection is due to the fact that Mr. Philips is a reputable and professional builder/developer and he is well away of setbacks and zoning rules. The question for the county is, does this building have the proper permits in place to begin with? If so please email them to me to see that it was properly filed and zoned at the time of building. If the county approved such a structure, why did it do so? There are 2 acres to work with so there was no need to place the structure so close to neighboring properties and the road. In addition Mr. Phillips has been renting this property for quite sometime so I had not objected because I expected that the county does not issue such permits without proper review. As I mentioned before Mr. Philips is well versed in county rules, zoning, setbacks due to his vocation and should not be rewarded with an exception to profit from this dwelling. Obviously, the committee is the last word on this issue and can rule any way they please but since you asked for my opinion I would like to go on the record and say is that zoning rules should be enforced equally. Thank you kindly. Barbara Bozsik 1205 Lafayette Lane HS202000021 Buffer Exhibit Location of Homestay RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR SE2020-00021 MILTON RIDGE 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 front and southwestern 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 2020-00021 Milton Ridge 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. A vegetative buffer at least 20' wide must be planted and maintained in the general locations shown on Attachment H - Buffer Exhibit, with screening that meets the minimum requirements of County Code § 18-32.7.9.7(b)-(e).