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HomeMy WebLinkAboutAP202000001 Staff Report 2020-05-22 (2)C� OF At, F `rRG1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4579 Phone (434) 296-5832 Fax (434) 972-4126 ALBEMARLE COUNTY BOARD OF ZONING APPEALS ELECTRONIC MEETING VIA ZOOM AGENDA TUESDAY, JUNE 2, 2020 at 2:00 P.M. Call to Order 2. Establish a Quorum 3. Deferral Request: A. Project Number: AP202000001 R. A. Yancey Lumber Corporation 55-111 B, 55-112 Property Owner/Appellant: R. A. Yancey Lumber Corporation 4. Public Hearing: A. Project Number: AP202000001 R. A. Yancey Lumber Corporation 55-111 B, 55-112 Property Owner/Appellant: R. A. Yancey Lumber Corporation Staff: Bart Svoboda 5. Approval of Minutes A. February 4, 2020 6. Old Business A. Training Update 7. New Business 8. Adjournment This meeting is being held pursuant to Ordinance No. 20-A(6): An Ordinance to Ensure the Continuity of Government During the Covid-19 Disaster. Opportunities for the public to access and participate in this electronic meeting are (or will be) provided at http://www.albemarle.org/department.asp?department=cdd&relpage=24716. BOARD OF ZONING APPEALS MEETING GUIDELINES Thank you for attending the Board of Zoning Appeals (BZA) meeting. The following information is provided to help ensure the meeting proceeds as efficiently and effectively as possible. As a courtesy to others, please turn off all cell phones during the meeting. General Information: This meeting is recorded and later transcribed into minutes approved at a later meeting date Each item set for public hearing will begin with a presentation of the staff report. Next, the applicant or appellant for that item will be invited to speak. During the course of the process, the Chairman will open the public hearing to comments from the public. At the end of these proceedings the Chairman will announce that the public hearing is closed. Once the public hearing is closed, no further public comments will be allowed unless the Board asks for additional information from the applicant or appellant. The BZA reserves the right to digress from these guidelines in any particular case. To Members of the Public: If you wish to address the Board, please raise your hand or stand when the Chairman asks for public comments for that item. When it is your turn for comment, please come to the microphone and state your name for the record. For uncommon spellings, please spell your name for the recording secretary. If you are with a group of people, you may want to have a spokesperson present your position to the Board. In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere to the following guidelines: • Come forward to the speaker's podium and state your name; • Address comments directly to the Board as a whole - open public debate is prohibited; • State your position and give facts and other data to back it up — keep in mind that there is a 3 minute time limit for public comment; • Give written statements and other supporting material to the Recording Secretary (written comments are also welcome if you do not wish to speak). Additional Guidelines for Applicants and Appellants addressing the Board: • Please contact staff in Community Development ahead of the meeting to make any necessary arrangements for your presentation. The Recording Secretary will also need copies of any • Be clear in stating your position and do not repeat information that has been previously submitted to the Board. • Stay on topic by addressing the questions in the application or by responding directly to staffs determination(s). Focus on presenting facts and data that support your position. • Keep in mind there is a 15 minute time limit for presentations and a 5 minute time limit for rebuttal comments. The Board will ask any necessary follow-up questions to clarify points made during the presentation. • Understand that the Board of Zoning Appeals cannot change County ordinances. The BZA reserves the right to place additional time limitations on speakers, as necessary. V County of Albemarle Department of Community Development Memorandum To: Members, Board of Zoning Appeals From: Bart Svoboda, Zoning Administrator Date: May 21, 2020 Subject: AP 202000001 R.A. Yancey Lumber Corporation Request for deferral Virginia Code § 15.2-2312 requires that the Board of Zoning Appeals make its decisions within ninety days of the filing of an application or appeal. However, the 90—day time period for appeals in Code § 15.2-2312 is directory rather than mandatory. The BZA does not lose jurisdiction to render a decision on appeal of a Zoning Administrator's action after 90 days has passed. Tran v. Bd. of Zoning Appeals of Fairfax Cty., 260 Va. 654, 658, 536 S.E.2d 913, 916 (2000). Under Rule 2(D) of the BZA's Rules of Procedure (attached), an appellant may request a deferral. The above -captioned appeal has been scheduled for the June 2, 2020 Board of Zoning Appeals meeting. The appeal (AP2020-001) was originally scheduled for the Board of Zoning Appeals in April 2020. On March 13, 2020, the appellant requested by email that its appeal be deferred to June 2020. Due to the ongoing COVID-19 pandemic, the deferral was granted in order to plan for an electronic meeting in June 2020. The appellant is now requesting an additional deferral in order for the Board of Supervisors (BOS) to first decide the appellant's pending special exceptions requests. The BOS was previously scheduled to hear the special exception requests prior to this appeal being heard by the BZA. However, the COVID-19 pandemic resulted in the rescheduling of the special exception requests until after the June BZA meeting. Rule 2(D) of the BZA's Rules of Procedure (attached) outlines five factors for the BZA to consider in making its decision to grant or deny a deferral request. In this case, certain factors are favorable and others unfavorable as to a deferral. Favorable factors 1. 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. 2. 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 1. Consideration #2 -- A deferral may be considered a convenience or personal benefit to the applicant. 2. 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. AP2020-00001 June 2, 2020 Summary: Staff recommends that the BZA follow and carefully weigh the considerations listed in Rule 2(D) of its Rules of Procedure in making its decision to grant or deny this deferral request. ALBEMARLE COUNTY BOARD OF ZONING APPEALS RULES OF PROCEDURE 2. Meetings D. Deferrals. The BZA may defer any matter at the request of a member of the BZA, the County staff, or the applicant or appellant. The request may be made either orally at the meeting, or in writing, and may be made at any time prior to the vote on the matter. The person making the request shall state the reasons therefore. In considering a request for a deferral of a hearing of an appeal or an application for a variance pertaining to a zoning violation, the BZA shall consider the reasons for the deferral if the request is submitted by the appellant or applicant, the recommendation of staff, and the members of the BZA. In making its decision to grant or deny a request, the BZA shall consider the following factors: (1) whether the deferral would promote fairness in the process; (2) whether the deferral would be solely for the convenience or personal benefit of the appellant or applicant; (3) whether the deferral would delay the enforcement or abatement of a violation that is adversely affecting an abutting property, a neighbor, the neighborhood or the public; (4) whether the deferral would allow the appellant or applicant to resolve the underlying issues so that BZA action might be unnecessary; and (5) whether the deferral would allow the BZA to make its decision within ninety days of the filing of the application or appeal, in conformance with Virginia Code § 15.2- 2312. A motion to defer shall either specify the date to which the matter is deferred or defer the matter indefinitely. If the motion to defer pertains to a matter for which a noticed public hearing is required and the motion is to defer the matter to a specific date, the Chair shall either close the public hearing or, if the public hearing was not opened, open and then close the public hearing, before the BZA votes on the motion. Archived: Saturday, May 23, 2020 7:12.49 AM From Long Valerie Sent: Fri, 22 May 2020 19:35.42 To: Bart Svoboda; Jim Bowling Cc: Patrick May (patrick@rayanceylmnbeCcom); Marsha Alley Subject: AP 2020-00001 RA. Yancey Lumber Corporation - Deferral Request Sensitivity: Normal Attachments: Yancey Ltunber Corporation BZA Deferral Request Letter.PDF; 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. Bart and Jim: Please see the attached deferral request of AP 2020-00001 on behalf of R.A. Yancey Lumber Corporation, and let me know if there is anything further you need to effectuate this request. Thank you both for your assistance, and I hope you have a wonderful Memorial Day Weekend. Valerie Valerie Wagner Long I Attorney I William Mull 321 Fast Main St. Suite 400 1 Charlottesville, VA 22902-3200 T 434.951.5709 1 C 434.242.6792 1 F 434.817.0977 1 vlong@williamsmullen.com I www.williamsmullen.com NOTICE: Infornetion contained in this transmission to the named addressee is proprietary and is subject to attorney -client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should inrrediately notify the sender and destroy the infornetion transmitted without nelang any copy or distribution thereof. WILLIAMS M U LLE N Direct Dial: 434.951.5709 vlong@williamsmullen.com May 22, 2020 VIA EMAIL bsvoboda(a)albemarle.orcl Mr. Bart Svoboda Zoning Administrator Albemarle County 401 McIntire Road Charlottesville, VA 22902 0mb(a-)stlawva.com Albemarle County Board of Zoning Appeals c/o James M. Bowling, IV St. John, Bowling & Lawrence 416 Park Street Charlottesville VA 22902-4738 RE: AP 2020-00001 R.A. Yancey Lumber Corporation Members of the Board of Zoning Appeals, Mr. Svoboda, and Mr. Bowling: Our firm represents R. A. Yancey Lumber Corporation (the "Company"). In connection with Appeal No. AP 2020-00001 (the "Appeal'), and on behalf of the Company, I hereby request a deferral of the Appeal pursuant to Section 3D of the Board of Zoning Appeals (the "BZA") Rules of Procedure. Specifically, we request that the Appeal be deferred until the August, 2020 BZA meeting for the reasons stated herein. The Company has submitted a package of Special Exception requests that directly relates to the subject of the Appeal. The Special Exception requests were originally submitted in January, 2018. The Special Exceptions require review by the County Planning Commission, and review and action by the County Board of Supervisors. Public hearings on the Special Exceptions had previously been scheduled for March 24, 2020 before the Planning Commission, and April 15, 2020 before the Board of Supervisors. Those hearings were both cancelled due to the COVID- 19 global pandemic. These hearings have now been rescheduled for June 23, 2020 and July 15, 2020, which represents a three-month delay. While the Company certainly understands and appreciates the need for the hearings to be rescheduled, which the Community Development staff had the unilateral authority to carry out, the County Zoning Ordinance does not similarly authorize the staff to defer the Appeal hearing for a corresponding period of time. Only the BZA itself has the authority to grant a longer deferral. We contend that in light of the reasonable requirement by the County to delay the public hearings on the Special Exception requests due to the COVID-19 pandemic, that it would patently unfair to the Company for the BZA to not also approve a deferral of the Appeal hearing for a reasonable period of time. 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.coml AProfessional Corporation May 22, 2020 Page 2 If the Board of Supervisors approves the Company's Special Exception application, the Appeal will be moot and unnecessary, as it would resolve the underlying issue of the Appeal. As such, deferring the Appeal hearing until after the Board of Supervisors' action on the Special Exception would allow the Company to potentially resolve the underlying issues so that the BZA action would be unnecessary, thus promoting judicial efficiency. It would also be a prudent decision to avoid utilizing County and public resources unnecessarily. In addition, granting a deferral would promote fairness in the process. The deferral of the Special Exception hearings was unavoidable in light of the Governor's Declaration of a State of Emergency and his numerous Executive Orders prohibiting gatherings over a certain size and other mandatory social -distancing measures. While the Community Development Department staff has now developed process and procedures to conduct public hearings electronically, the level of complexity and coordination necessary to develop such procedures required many weeks for the staff to develop and implement. As a result, despite the Company's frequent requests for the Special Exception hearings to be rescheduled as soon as possible, the earliest that the staff was able to schedule the hearings for is for June 23, 2020 at the Planning Commission and July 15, 2020 at the Board of Supervisors, both of which are after the June 2, 2020 BZA hearing. As such, to deny this request to defer the Appeal hearing, and force the Appeal to be heard on June 2, 2020, when the Special Exceptions will not be considered until June 23 and July 15, 2020, would be unreasonably disadvantageous to the Company and would not promote fairness in the process. By contrast, approving the request to defer the Appeal hearing until the August BZA meeting would promote fairness in the process, in light of the extraordinary situation caused by the COVID-19 global pandemic. Therefore, we ask that the BZA grant the requested deferral of the Appeal until the August, 2020 BZA meeting. This two -month deferral would be shorter than the three-month deferral of the Special Exception hearings, yet would still allow the Company a reasonable time to adequately prepare for the Appeal hearing. And in the event that the Board of Supervisors grants the Special Exceptions, the Appeal hearing would be unnecessary. Furthermore, this deferral request is not solely for the convenience or personal benefit of the Company, in that it will promote judicial efficiency and potentially avoid wasting the time and resources of the BZA, its members, and the Community Development staff, since the Board of Supervisors' approval of the Special Exception requests would render the Appeal moot and unnecessary. As such, granting the deferral would promote judicial efficiency, promote fairness in the process, would not be solely for the convenience or personal benefit of the Company, and would provide the Company with the opportunity to first resolve the underlying issues of the Appeal and potentially avoid wasting the time and resources of the BZA, the Community Development Department staff, and the public. May 22, 2020 Page 3 For all of these reasons, we respectfully request that the Board defer the Appeal until the August, 2020 BZA meeting. We sincerely appreciate the Board's consideration of this request. Sincerely, 2/aePwu a v Guru Valerie W. Long cc: R. A. Yancey Lumber Corporation 42614003_1 STAFF: Bart Svoboda PUBLIC HEARING: June 2, 2020 STAFF REPORT: AP2020-00001 PROPERTY OWNER/APPELLANT: R. A. Yancey Lumber Corporation Description of Property: R.A. Yancey Lumber Corporation is located at 6317 Rockfish Gap Turnpike in Crozet, Virginia. The primary use of the property is for the operation of the lumber business. According to current real estate assessment records, Tax Map 55, Parcel I I I B contains +/- 23.24 acres and Parcel 112 contains +/- 12.50 acres, all of which is zoned HI, Heavy Industry. The parcels front on US Route 250 West, Rockfish Gap Turnpike which is an Entrance Corridor. The Comprehensive Plan designates the parcels as Rural Area 3 with a primary designation of Rural Area. (See Attachment A) Determination and Applicant's Appeal: Backeround: On December 20, 2019, the appellant was mailed a Notice of Official Determination of Violation (VI02019-428) on property identified as 05500-00-00-111130 and 05500-00-00-11200. This notice of violation states: 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. The notice of violation served as notice to stop the activity or use immediately, noting that compliance must be achieved by January 19, 2020 in order to avoid court action. Additionally, the standard appeal language was included in the notice to allow appeal within thirty (30) days of the notice. (See Attachment B) On January 17, 2020, an Appeal (AP2020-001) of the Zoning Administrator's Determination of Violation (VI02019-428) was submitted to the Albemarle County Zoning Division. The appeal suggests that the Notice describes activities that are legal non -conforming uses, pursuant to Section 18-6 of the Albemarle County Code. (See Attachment C) The appeal (AP2020-001) was originally scheduled for the Board of Zoning Appeals in April 2020. On March 13, 2020, the appellant requested by email that its appeal be deferred to June 2020. Due to the ongoing COVID-19 pandemic, the deferral was granted in order to plan for an electronic meeting in June 2020. (See Attachment D) The Appellant's Justification for Appeal: On January 17, 2020, an Appeal (AP2020-001) of the Zoning Administrator's Determination of Violation (VI02019-428) was submitted to the Albemarle County AP2020-00001 2 June 2, 2020 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 (VIO2019-428) 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. Summary: The Notice of Official Determination of Violation (VIO2019-428) 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. Attachments: A — GIS Map of parcels B — Notice of Official Determination of Violation (VIO2019-428) C — Application for Appeal of the Zoning Administrator's Determination of Violation (VIO2019-428) D — Email request for deferral dated March 13, 2020 E — Setback sketch F — Albemarle County Code Section 18-5.1.15 AP2020-001 R. A. Yancey Lumber Corp. Attachment A S 55A-7 55A-5 Slab 55E-01--A3 Legend ys 90, 55A-10 55E-01--R (Mote: Some has on map may not appear In then) 9O'9 55A-11A 55-84C Papl Info 55-91 55A-11 55-103F - Paroets Zoning Info 55A-12 55=104A1 Zoning Classifications SSSq S 13 Rural Areas 'fl2 55A-40 Village Residential R1 Residential 55-102 on N ■ R2 Residential 55-103 R4 Residential w 55-104A ntial ■R6 Rebieni ■ R10 Rebiennial pt ryr D w �p3G u>` 55'.j �� ■ R15ne Unit al Planned Res Development ■ Plannetl Residential Development M` w 55A-33 "� ■ Neighborhood Model District bcoY SS:g3. i 55-103D W y M tI{HI'S13we ^m m Q 55 B-17 ■ Monticello Historic District C1 Commecal ■ Commercial Difice 55-93B 55A-38B :L- 55A-32 Y w °' tr W N w' j w O 55B-1 c m ■ Hghal Commercial ■ Planned Development Shopping m. ■ Planned Development Shop Comm. 55-110 'o © ■ Downtovm Crozet Distinct W ay 55A-36 111 55A-37 T 55 ( D N Light 55-93 r787 P 55-109 c ■ Heavy Industry 55 A'38� 51P ar 55B-15A $5B-2 N 0 Planned Development Insti ial Par ■ Tovm Of Scottsville 55 A,g5A w �, a 55-111A w 55B-3 J Comp Plan Lend Use Info 55A-45 rr 9 � 9 rJor 9 w A'29` i� Ss Co 55B-13 Comprehensive Plan Areas 55A-45B �-' T rwir 55 rn qqY a A y °IP 55B-4 /\ `r U, �!Ylan.-ey j y j 55A j 55-107 ar�f'a Pyy 55-111B a4te0 N55B-11 LLO' 9 Ste) SNIT l FS � O 55-112 �r 9 55B-7 o 55P,2 55-106A4 Q 825 0 wncey MITI- 55-98A 55-100 55-99 55-106A3 55-106A2 7 55-112A / - tterson-Mill-Ln m 55-99A N N 71-42 752 ft 38 71-39 o�h gs° b Geographic Dut Gvessialba an orygla 7 1-37K 1,3j✓ '-"ncmt^' (a3q zlnseaz My determination of topography or condoms, or any JepiNm M physical Improvements, pmpetly lines or hounarKS a for general Information only an shall not be used for Me design, mnification, or construction M Improvements to real poll or fir Pond plain deters lemon. May R, 2= Map elements may scale larger than GIS dims treasured In the map or as provided on Me due combined page due to Me pool used. Map Projection : WGS84 Web Mercator (Auuler, Sphere) (EPSG 3857) .V COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road Charlottesville, Virginia22902-4596 FAX (434) 9724126 TELEPHONE (434) 296-5832 TTD (434) 972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is Aven is December 20 2019 No: VIO-2019-428 R A Yancey Lumber Corp c/o David L. Dallas Williams Mullen 321 East Main Street, Suite 400 Charlottesville, VA 22902 Property: Parcel ID 05500-00-00-111130 R A Yancey Lumber Corp 05500-00-00-11200 Owner of Record Zoning: Heavy Industry [HIj District Dear Mr. Dallas: This notice is to inform you that the above -described Property is in violation of the Albemarle County Zoning Ordinance. This conclusion is based on the following fact that as of today: 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. Because this use of the Property or structure did not pre-exist the applicable Zoning Ordinance, it cannot be considered a legal non -conforming use or structure. Accordingly, the following section of the Zoning Ordinance has been violated: Albemarle County Code § 18-5.1.15 Sawmill, temporary or permanent, planning mills and wood yards. This violation of the Zoning Ordinance is unlawful, and may be subject to civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code § 18-36. This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply with this notice may result in legal action being taken against you and any other owner, tenant or other responsible party. In addition, you must bring the property into compliance by January 19, 2020 to ivoid court action. Future compliance past this date does not preclude the County from pursuing legal action VIO-2019-428 Page 2 December 20, 2019 avoid court action. Future compliance past this date does not preclude the County from pursuing legal action for existing or past violation(s). 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; provided, however, that a ten (10) day appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed within ten (10) days after this decision. 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 Albemarle County Code § 18-34.3, along with a fee of $258. Additionally, a separate fee is required for the cost of providing notice and advertising of the appeal for a 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 appeals of decisions 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 outlined in Albemarle County Code § 18-34.3, which may be reviewed online at www.albemarle.org/countycodebza. If you have any questions, please contact Keith Bradshaw, Code Enforcement Officer, at 434-296-5832 ext. 3014. r of Cede Compliance of Albemarle 5 AUTHENTICATION OF RECORD/ CERTIFICATE OF MAILING (Code of Virginia § 8.01-390) (Notice of Official Determination of Violation) hereby certify: 1. that I am a Code Compliance Officer and an employee of the Albemarle County Department of Community Development; 2. that on %2, 00 , 20 Ly, I mailed a true copy of the record attached hereto, consisting of a Notice of Official Determination of Violation dated Z T� , 20_Z�' pertaining to that property identified as Parcel ID O 5-S-Z' do ///go Number(s) �y�_ - °�--�__ / / Z bD to the recipient(s) identified thereon at the address(es) specified thereon; and 3. that the copy of such record which is attached hereto is a true copy of the record that was mailed. Dated: ! 2,ZD- Signed: F COMMONWEALTH OF VIRGINIA IT COUNTY OFF (naA(c> a,,' The foregoing Authentication oof-Recoor'd`/Certificate of Mailing was signed, swom to and acknowledged before me by �t �V 1 p�G�S�Gt �N Albemarle County Code Compliance Officer, this `Z&"' day of eW�e-{� , 20 IL . Notary P-6blic My Commission Expires: Notary Registration No. \_i Albemarle Count Planning Application Application #I AP202000001 Community OevelopmentC 401 Mc. : Road Charlottesville, VA2: Voice: (434) 296-5932 Fax:(434) R A YANCEY LUMBER CORP Legal Description I ACREAGE Magisterial Dist. (White Hall Ivl Land Use Primary Industrial wl Current AFD .'Not in A/F District Current Zoning Primary Heavy Industry v Street Address Application Type peal of Zoning Administrator's Determination Project NOTICE OF OFFICIAL DETERMINATION OF VIOLATION NO. VIO-2019-428 Received Date Ol/17/20 Received Date Final Submittal Date Closing File Date Submittal Date Final Revision Number Comments Legal Ad Signature of Contractoror Authorized Agent Date Entered By 2]ennifer Smith v 17 2020 Total Fees 258 Total paid 258 7 r FOR OFFICE USE ONLY AP # _(1/f ),g(( ) — ZONING ORDINANCE SECTION: Fee Amount Date Paid ) By whop Receipt # 44 kAty: )S . Application Ins °" PP or IN, ,_. Appeal of Zoning Administrator's Determination m Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen Address 321 E. Main Street, Suite 400 City Charlottesville State VA Zip 22902 Daytime Phone (434) 951-5709 Fax # () E-mail vlong@williamsmullen.com Owner of Record R. A. Yancey Lumber Corporation c/o Donnie Rose Address 6317 Rockfish Gap Turnpike City Crozet Daytime Phone (434) 242-8047 Fax # (� State VA Zip 22932 E-mail donnie@rayanceylumber.com Applicant ( Who is the Contact person representing?): R. A. Yancey Lumber Corporation c/o Donnie Rose Address 631,,7��RRockfish Gap Turnpike City Daytime 434) 242-8047 Fax # O Vivo v Crozet State VA Zip 22932 E-mail donnie@rayanceylumber.com MJtJ����C �� oQ� County of Albemarle Department of Community Development ( O_ C. ][ McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Paes1 nf2 Project Name: Notice of Official Determination of Violation No. VIO-2019-428 Tax map and parcel: 05500-00-00-111 BO; 05500-00-00-11200 Zoning: Heavy Industry District Physical Street Address (if assigned): 6317 Rockfish Gap Turnpike, Crozet VA 22932 Location of property (landmarks, intersections, or other): Intersection of Route 250 and Interstate 64 The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: R. A. Yancey Corporation respectfully appeals Notice of Official Determination of Violation No. VIO-2019-428 (the "Notice"). The Notice describes activities that are legal non -conforming uses, pursuant to Section 18-6 of the Albemarle County Code. Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. I/' .zw, �6*m Signature of Owner or Co tract Put aser, Agent Valerie W. Long, Agent Print Name Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: 1/17/2020 (434)951-5709 Daytime phone number of Signatory Fee Received Date eceived By Revised II/1/27 r2 Marsha Alley From: Bart Svoboda Sent: Friday, March 13, 2020 7:26 AM To: Marsha Alley Subject: FW: BZA Meeting - April 7, 2020 - Preliminary Information Attachments: BZA Prelim Memo for 2020-04-07.doc From: Long, Valerie <vlong@wilIlamsmullen.com> Sent: Thursday, March 12, 2020 5:37 PM To: Bart Svoboda <bsvoboda@albemarle.org>; Lisa Green <Igreen2@albemarle.org> Subject: FW: BZA Meeting - April 7, 2020 - Preliminary Information 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. Bart and Lisa: as we discussed earlier this week, we hereby request that the hearing on the Yancey Lumber appeal be deferred until June. Please let me know if you require anything further to effectuate this request. Valerie Long Williams Mullen 434-951-5709 From: Marsha Alley <mallev3C�albemarle.ore> Sent: Wednesday, March 4, 2020 9:51 AM Subject: BZA Meeting - April 7, 2020 - Preliminary Information Good morning! Attached you will find the preliminary information for the public hearings scheduled for the Tuesday, April 7, 2020 BZA Meeting. Click on the links to view information for each item. Have a nice day! Marsha Alley Community Development Assistant - Zoning 401 McIntire Road, North Wing Charlottesville, VA 22902 (434) 296-5832 ext. 3417 10 Attachment E Legend R.A Yancey Lumber Parcels Parcels O600' Maclinery Setback from Dwellings ® Approximate 100' Lot Line Setback See ALTA for Precise Measurements GIS Data and Aerial Photography from Albemarle County _ 2,000 0.000 Feet 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 be maintained as a buffer to 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 timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations of the Virginia Department of Forestry. (§ 5.1.15, 12-10-80; Ord. 01-18(6) , 10-3-01; Ord. 13-18(1) , 4-3-13) 12