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Home My WebLink AboutAP202000001 Presentation 2020-06-02 (3)ALBEMARLE COUNTY BOARD OF ZONING APPEALS ELECTRONIC MEETING VIA ZOOM TU ES DAY, J U N E 2, 2020 at 2:00 P.M. Special Exceptions The Special Exception requests are not before the Board of Zoning Appeals. Those requests are legislative in mature and are matter for consideration by the Board of Supervisors. Deferral Request AP202000001 R. A. Yancey Lumber Corporation Staff Analysis Favorable factors Consideration #1 -- A deferral may promote fairness in the process. The applicant has argued that its special exception requests have been delayed by the COVID-19 pandemic protocols. Consideration #4 -- Though the outcome of the special exception requests is uncertain, a deferral may allow the appellant to resolve the underlying issues so that BZA action might be unnecessary Unfavorable factors Consideration #2 -- A deferral may be considered a convenience or personal benefit to the applicant. Consideration #3 -- A deferral would delay the enforcement or abatement of a violation that is adversely affecting an abutting property, a neighbor, the neighborhood or the public. Proposed Motions move to grant the request for deferral of the public hearing for AP202000001 to date move to deny the request for deferral of the public hearing for AP202000001. Public Hearing AP202000001 R. A. Yancey Lumber Corporation AP2020-001 R. A. Yancey Lumber Corp. Attachment A J 55A-7 55A.51a y',E-nl_q'' Legend J S9Ct 55A-10 5909 $5E0 55A 11A 55-84C cnna mlo 55 91 55A-11 55.103E O Paie en.y ena 5A-12 55-104p1 7mn9 naWnewns f 5A J B a N ae naawmlal sl 5SA-40 baps NI PviN.N 55-102 55-103 ■ F, R'flbN.l W PmE.Mal 55-104A a ra a�elaeniu ■ MIORwMnL nv m � � � 55'; 03G � d ■ P151bVM+N nel.m unl pvrlapronl ■ nal.ba Besae.X.l oewlsmen y 55A 33 $$-,OJU + m ■ aNp9omooX 4b4p nano ■YaXOIb lOmno pssv 55.y34 V^ P V 9 lam,' 55B-17 m L1 LminierUel • Gomnvnl pXw s 55A038`,IIISb,Qp%Ln MMa'- �✓ bN ■rp..ev Gmnnval 55.938 55A-388 9 SSA-32 V y o 55 .1 m � olamea 0a.e Iw M--.0g- ■ nw.�lOryaopnw.. w.ee Lemm VIA! SSA-38 y -110 > o u, W ■Oewwnuoam u.bn 55-93 55A-37 55.151 55-109 uW X�emlry • aw,aw awumy 38P 5" N j5P 55B2 55B-15A „ �eL�aOP,eownen Mesmu cn laan°I 9mX W PASP u, 555A-15 9 9'/a5p, 55-111A 558-3 Cao ?� a y >� j C^ s 9','r N p19 a 558-13 CompeXensle Ran Nem ` 5/5A-45B u`y °, ✓ 53R 44 +- m 55-107 558-4 ;ln O 9 uT u o e 55B-11 55B-7 m' 9p 9P-1a 55106A4 < us e YanceY'MII I-4. 55-98A 55-100 55-106A3 55-106A2\\ 55-99 7 55 112A atterson-MITI-Ln 55.99A 1j VV %s2 n 38 — 71-39 oaa.We 71-37N l7.3jJ Ya ?'•`rrnY�:nw�m:P+Mr Y� • aceM'^'ruw�nbm.rM9mnarnymaY.no-ryaw NrY �mYwM1Ye<b.4}nghpm.w md.�mu<nmYror<Y P'N`Nnrr ltW dY. 0.mnnYYn Vrv#.3M> WO. m'm.nair rw .ryn�Nn �S Xe n•vuM �r v. mro �. viim w0 � N��b.nurpprPlromrwAmwN Mm Pgnxn WGSY WS VwcrlwiW.rry Splae'.i[v5G S6ti The A ellant's Justification for A eal: On January 17, 2020, an Appeal (AP2020-001) of the Zoning Administrator's Determination of Violation (V1O2019-428) was submitted to the Albemarle County Zoning Division. The Appellant contends that the Notice describes activities that are legal non -conforming uses, pursuant to Section 18-6 of the Albemarle County Code. (See Attachment C) Staff Response: Staff maintains that the findings listed within the Notice of Official Determination of Violation (V1O2019-428) are founded and accurate. The piece of equipment constructed in the VDOT right of way and the new sorter/stacker constructed on these parcels do not meet the required setbacks of Section 18-5.1.15 of the Albemarle County Code. (See Attachments E and F) Also, the sorter/stacker is currently in the process of being installed. A use or structure cannot be considered a legal non -conforming use or structure if the use of the property or structure did not pre-exist the applicable Zoning Ordinance. Attachment F Albemarle County Zoning Ordinance Supplemental Regulations Sec. 5.1.15 - Sawmill, temporary or permanent, planing mills and wood yards. Each temporary or permanent sawmill, planning mill and wood yard shall be subject to the following; a. No structure and no storage of lumber, logs, chips or timber shall be located Closer than 100 feet to any lot line. Trees and vegetation within the 100 foot setback shall he maintained as a buffer 1a abutting properties and uses, provided that during the last three months of operation the trees may be removed. b. No saw, planer, chipper, conveyor, chute or other similar machinery shall be located closer than 600 feet from any dwelling on any lot other than the lot on which the sawmill, planing mill or wood yard is located. c_ No machinery used for sawing, planing, chipping or other wood processing shall operate between 7,00 p-m. and 7,00 a.m. No wood or wood products shall be loaded -or unloaded between 12,00 midnight and 7:00 a_m_ d. All Umbering and milling operations, including reforestationfrestoration and the disposal of snags, sawdust and other debris, shall be conducted in accord anee with Title 1 U_1 of the Virginia Code and the reguWions of the Virginia Department of Forestry_ (§ 5.1.15, 12- I D-80; Ord, 01-18f6) 10-3-01; Ord. 13-1 of 1 } _ 4-3-13) Attachment E Legend ORA Yancey LumboN Paoam Panels 0 60C' Ma -,I ary Setback lr mDwells+gs ® Approaanats 100' Lot LIM Setback See ALTA lot Proeiae Measaerwft QS Data and Aerial Photography "M Alba le County .,� I; I aro 2,000 3.000 Gael Summary: The Notice of Official Determination of Violation (V1O2019-428) was issued after site inspections and careful and deliberate review of the use and structure(s) on site. No findings exist that would indicate that the equipment in question are compliant with the Zoning Ordinance. Despite the Appellants' grounds for the appeal, presented above, staff contends that the determination made was correct and that the Board of Zoning Appeals should affirm this determination. Proposed Motions w If the Board chooses to deny this variance (Staff's recommendation): move to deny the variance application VA2019-00001 Bufton & Maus for the reasons stated in the Staff Report. If the Board finds legal grounds to grant this variance: move to grant variance application VA2019-00001 Bufton & Maus (Staff requests that the Board to explicitly state the Variance terms and the legal basis) § 15.2-2201. Definitions. "Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.