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HomeMy WebLinkAboutSP197600086 Letetr of Determination 1998-02-20COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 223 Charlottesville, Virginia 22902-4596 Building Code information FAX (804) 9724126 (804) 296.5832 TTD (804) 9724012 Zoning Information (804)296-5875 February 20, 1998 Mrs. Mary Sheridan 4579 Slam Gate Road Crozet, Virginia 22932 Re: Official Determination of Montfair Resort Farm, Reversing Two Prior Determinations Tax map 26, parcels 33A and 33B Dear Mrs. Sheridan This letter is a response to your verbal requesi (January 23, 1998) for a reconsideration of the determination made regarding Montfair on March 7, 1997. In reviewing the files, 1 have found that reconsideration of two previous determinations regarding the Montfair Resort Farm is needed. I am basing this new determination on the extenuating circumstances surrounding your husband's illness, new information regarding the cottages, and new interpretations of the zoning ordinance. We understand that Mr. Sheridan was extremely ill at the time of the March 1997 determination and died in April 1997. Due to your involvement with Mr. Sheridan's illness, your family did not take time to review or to consider the implications of the determination made at that time. With this current request, you and your daughter Leona have supplied new information regarding the cottage rentals. Coincidentally, there has also been a basic change in the way the zoning administrator views the validity of special use permits where the use existed prior to the approval. Due to these factors, this new determination is being made and invalidates the two prior determinations. I am now reversing the determination made on September 20, 1990 when SP 76-86 was determined to be "null and void" and the March 7, 1997 determination that was based on the premise that use of the Montfair Resort Farm was nonconforming. In keeping with the current interpretation of Section 31.2.4.4, the 1976 nonconforming use was already "commenced" at the time of approval of SP 76.86. Thvr6M c, the f :.rm is now (and :iiiGGid have bi an S:ncc tNe board ac-G,: of January 19, 1977) recognized as a valid, conforming, "boarding camp" under Section 10.2.2.20. (The use would have been campground and summer camp in the Al zoning district of the 1969 zoning ordinance.) Expansion onto parcel 33B was requested in that application but was never commenced. The expansion has therefore expired, but the basic use of boarding camp is to be considered conforming and as such may continue to be utilized as it was historically, as long as the use complies with the conditions of SP 76-86. The boarding camp includes the 9 rental cottages, 66 campsites, 3 bath houses, a recreation hall, `and an office/store, as well as both active and passive recreation areas in the form of: stables and bridle paths, hiking trails, swimming and fishing lakes, ball diamond, tennis and basketball courts. Condition number three of SP 76-86 states, "Future expansion of camping facilities or rental cottages will require amendment of this special permit." This is deemed to include expansion of all of the facilities listed in the previous paragraph. Montfair Determination Page 2 February 20, 1998 outdoor recreation activities available. With this determination comes the protection t that this use (the boarding camp including the cottages) may continue, or be discontinued and restarted wirh�a unless and until the use is either replaced by a owner or revoked by the Albemarle County Board of upervisors under Section 31 This new determination is based partly on your explanation of the use of the cottages. You have explained that some of the cottages have been rented as long-term during the winter months when camping is not as popular but your preferred method has been to use 9 month leases so the cottages are available in the summer months for short-term rentals. Although the transient lodging tax receipts (that you provided and I used for the prior determination) showed that the long-term usage had been growing, they were misleading. You have now pointed out that it was the short-term rentals that decreased, while the long-term remained approximately the same. The revenue from short-term would ordinarily have exceeded long-term, but the summer camping business had merely dwindled as Phil's illness left him with less time to care for and promote the campground. With the change of the status of the boarding camp, from nonconforming in the prior determination to conforming in this determination, the type of cottage rental is not pertinent. You have always used the cottages in this manner (both long- and short-term) and may continue to do so as long as the campground use continues. This use is now protected because it is part of the permitted conforming use. The violation of the zoning ordinance that was previously cited is _ no longer applicable. This new determination remedies the situation. -&-&p uuuww i nese cwrrages nave historically been used for e lodging of guests and em to ee rt' ' ve In reviewing the March 1997 determination, there were responses to your questions that need to be revised based on this new determination. First, the status of your preliminary plat for a Rural Preservation Development remains the same —expired. In order to proceed with that plat, you must start over again with the preliminary plat process. If there have been any changes in the various County ordinances since your fast approval, they will apply and may require changes prior to a new approval. This includes the subdivision ordinance and road standards. Your second question from October 1996 regarded the impact and necessary permits/processes to accomplish various proposed changes to your preliminary plat. I will address those here in the same way as in the prior determination. v 1. Retain the existing 9 cottages in their present location, with the same road standards they have t> ���,; always had. Since the cottages are now part of the conforming use, boarding camp, they can f'[ I remain just as they are indefinitely. If you abandon the special use permit and change the use of sill T' the cottages to single family, 9 ,i 9 9� y, you will have to have sufficient rights available to make them conform to the zoning ordinance at the time. The prior preliminary plat had a condition that required moving the cottages to some other parcel. 2. Build 2 to 4 additional cottages in the same general area, west of the lake, to be used for both transient vacationers and for longer -term rentals. Any additional cottages that are proposed as part of the boarding camp would require an amendment to the special use permit. If proposed for single family rentals, a site plan would be required and the development rights of the parcel would have to be considered. 3. Provide the cottage area with its own gated entrance from Rt. 673, making use of an old road which is used now only for emergencies. This issue is too isolated to hypothesize all the possible scenarios and answers. More information regarding the proposal is needed. 4. ettain the recreation hall and its historical uses, renovating it to modern standards. With this determination, the recreation hall is now considered part of the conforming use. You may �0/3 W A/ (0/,5I Montfair Determination Page 3 February 20, 1998 renovate it, even totally change the layout and appearance, by obtaining a building permit as long as you stay within the existing building footprint. Any expansion would require amendment to the special use permit. 5. Later adding 8 to 10 lodge units to the Rec. Hall, or adjacent to it, for overnight stays. This would be the same as #2: an expansion of the boarding camp requires an amendment to the special use permit. 6. Using the golf course/driving range area to expand the size of some of the lots and make other changes, depending on the determination concerning the cottages. Part of the golf course will be used for hiking and riding trails, natural area and open space. This answer is the same as before. Since the preliminary plat has expired, any plan or plat that you submit will start all over in its review. a'. 7. Perhaps ask for the 2 additional development rights that our present preliminary plat does not use, depending on the final ruling concerning the present cottages. Again, the plat has expired so any new application can utilize as many development rights as you have available. The cottages are part of the boarding camp and as long as that use —including the extensive outdoor recreation —continues, they do not constitute development rights. If the r=mniAso is extin wished, then the cottages will have to either use development rights or be converted to some use other than dwellings. I hope this new determination will help you to resolve the issues involved with Montfair. If you have further questions or need clarification on any of the information covered, please call me again. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. Sincerely, Amelia McCulley Zoning Administrator nJ� COUNTY OFALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 20, 1990 Shelly Gordon 509 Westmoreland Court Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION - Mount Fair Dear Mr. Gordon: This serves to follow-up on your letter of August 31st and our later meeting. You have posed several questions relating to future development at Mount Fair. This is to summarize my findings with an official determination, from which you may appeal. Discussion of issues is as follows: 1) PRIOR SP-76-86 This first request you have made is to find that SP-76-86 is still valid. It is my opinion, that the special permit has expired and is therefore, null and void., Mr. Sheridan has noted that no actual construction nor activities directly related to SP-76-86 have been commenced. 2) RENTAL COTTAGES You will need to determine the use of these cabins - if for transient lodging or for regular "permanent" residential occupancy. a. If used for transient lodging - they may not be approved as an inn unless they are located within a structure historically designated as a place for lodging. There is provision by special permit (10.2.2(20)) for a boarding camp. You are aware of the definition for boarding camp, and the criteria under which it will be reviewed. r September 20, 1990 Shelly Gordon, Mount Fair Page 2 I understand the financial basis for allowing general 30 day or longer, rental of these units. However, it is my opinion, that use would require the approval of a regular permanent residence, with sufficient development rights. In their review of the Special Permit for a boarding camp, the Board may address this issue. b. If used for regular residential use - Each dwelling unit will require a development right or 21 acres in land area. If the unit lacks permanent cooking, sanitation or sleeping facilities, it is not a dwelling according to the Zoning Ordinance definition. 3. FRONTIER FARM If the farm is open to the general public, a separate special permit will be required under Section 10.2.2(43). You have indicated that it will only serve those guests at the camp. In that case, it will be considered an accessory use as part of the campground special permit. 4. ACCESSORY TOURIST LODGING Up to five rooms may be available for the temporary accommodation of transients within a single-family dwelling which is used secondarily to the single-family use. Please see the attached brochure. This is a by -right use. In summary, your proposal would involve uses by right and a special permit under day camp, board camp. The special permit would amend your existing campground and expand with additional camping cottages. If you have any questions, please don't hesitate to contact me. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp cc: Phil Sheridan Bill Fritz Enclosures " CJLIT , f Post-V Fax Note 7671 Date L _I, ' 40ages0. To h T IJ From Co./Dept. Co. Phone #Q(' Phone # Ovl / �\ Fax # 5'V�V Fax# vnon_� jcu c Montfair - Sheridan �— �) 0 /011, C HISTORY �/( c(a _ &2,3 " 5 ZC ov5 t r . DATE BOS applied (or other) /action TMP FILE # PURPOSE ACTION COMMENTS 10-5-72 / 26-33B SP-220 EXTEND RECREATION RETURNED NO NOTES IN FILE 10-14-72 HALL �Jr, A C `m t4 10-7-76 / 14-7 & 8 SP 76-86 PROPOSED EXPANSION APPROVED Indicates that prior to this 1-19-77 26-33A & B OF CAMPGROUND w/conditions: SDP Montfair was only TMP26- INCLUDING inc. Co. Engr's OK 33A/B, had 66 campsites, 9 RECREATIONAL USES of dam; 200' rental cottages, 3 bath setback for septic hOUsesa rec. Hall and systems from new office/store. Both active & lake, future passive rec: bridle paths, hiking expansion of trails, swimming and fishing camping facilities or lakes, ball diamond, tennis and cottages requires b-ball cts. amnndt; BOS & Co. Official Z.A determination is no Engr's OK of action has rendered this SP central well; null and void. (9/20/90) approval of state -6 J and local agencies. 10-14-76 / 14-7 & 8 SP76-87 CENTRAL WELL DEFERRED NO ACTION IN FILE 11-30-76 26-33A & B 10-20-86 14-8pt, SP 86-79 9-HOLE GOLF COURSE & APPROVED w/con: No mention of fact of & 5-27-87/ 26-33pt, DRIVING RANGE SDP w grading; "in expansion or pr4lit SP's dead: 7-15-87 33A & B general accord golf ..."additional amenity w/plan and greens added to the Montfair and tees min. 100' Campground (SP-76-86)." from any water, grade only 3-holes, at once. 5-22-89 / 26-33A & B SP-89-49 14-lot subdivision of resort Indefinitely deferred Not processed due to ZO 9-19-89 partly making a "resort by PC 7-6-89 amndt. (applicant based on community"; requested 4 Included request Staff report notes that grading requested the historic DR's. for extension of for the driving range and golf indefinite preservatio SP86-79 course "has started" deferral) n of Mount Staff rpt notes 24lots on 3 11-8-89 Fair (p33F tracts allowed by right. Total of ZO amndt & involved 9 cabins and 12 new lots with 2 precluded p33) residue tracts are p', r, osed.l request. Therefore 1 less thL by right. A: IMONTFAIR.JS 12-10-90 / 26-33B VA 90-86 Reduce front setback from APPROVED w/con: Sect. 10.4: front setback of 0 1-8-91 75' to 0 for existing Co. Engr. OK of from private road (existing office/store. alerting motorists to structure with adjoining building & to accessway that will become a provide a barrier if necessary aW 6Tf safetydMro'P private road for subdivision purposes. (30' RNV req'd) For RPD pedestrians ; edge of travelway no < 5' to building; LIl 0� 1 �10 o2(Q 3 3 , s 3r9 33� 3 3F �Q Alt vJaa J31,(,t {�� It � e,n-i_. 5 '✓ I ,e) 4 d 13 p6l" IL7 g- q -11 - 6z_�( �� Fivec ZG —33P ��s3 89 a/or CoNsv�ucr6n, N0-J 0FYP14AFZ->, A:WONTFAIR.JS �2 -//r�• �vro/G� /�-.gyp'