HomeMy WebLinkAboutAP200700002 Action Letter 2007-09-18COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
September 18, 2007
Krzysztof and Barbara Sliwinski
3516 Doctors Crossing
Charlottesville, VA 22911
RE: Board of Zoning Appeals Action
AP- 2007 -002 Barbara or Krzysztof Sliwinski - aka Four Seasons
Learning Center (owners /appellants)
Tax Map 61X1, parcel 5
Dear Mr. and Mrs. Sliwinski:
At their meeting on September 11, 2007, the Board of Zoning Appeals voted 3 -0 to
affirm the Zoning Administrator's determination dated April 6, 2007 as follows:
1. The site is not in compliance with the approved Special Use Permit (SP
2002-006)
The site and the activity are not in full compliance with all conditions of
this special use permit approved by the Board of Supervisors on July 3,
2002 as follows:
a. Development of the site is not in general conformity with the minor
site plan amendment approved July 18, 2000 as per condition 2a.
The landscaping and the parking area are not complete.
In addition, the buffer is not present as required: "...a twenty -foot
buffer shall be provided and retained between the property and
Lot B..."
b. There is no fence as required by condition 2d: "The fence across
the front of the property shall be a barrier fence, 4'/ feet high, set
back 25 feet from the property line..."
C. Condition 2e does not permit occupancy until completion of "ii.)
parking lot approved in the Minor Site Plan Amendment... This
addition is being occupied and the parking lot is not complete.
Krzysztof and Barbara Sliwinski - AP- 2007 -002
September 18, 2007
Page 2
2. The site is not in compliance with the approved Site Plan
Changes have been made to the site such that it is no longer in
compliance with the approved site plan.
The required landscaping is not installed or bonded.
3. The building addition was occupied without the issuance of a Certificate of
Occupancy
The Board voted 3 -0 to overturn the Zoning Administrator's determination dated April 6,
2007 that the building addition is a different size and in a different location than shown
on the approved site plan.
If you are aggrieved by this decision, you have the right to appeal it within thirty (30)
days of the date of the decision, in accordance with Section 15.2 -2314 of the Code of
Virginia. If you do not file a timely appeal, this decision shall be final and unappealable.
An appeal shall be taken only by filing a petition specifying the grounds on which
aggrieved with the Circuit Court of Albemarle County within the prescribed thirty (30)
days.
If you have any questions, please feel free to contact our office.
Sincerely,
Amelia G. McCulley, .I. P.
Zoning Administrator
Cc: John B. Simpson
Martin & Raynor, PC
1228 Cedars Ct.
Charlottesville, VA 22903