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HomeMy WebLinkAboutAP202100001 Application 2021-06-21 A'l-•it,\ Community DevelopmentDeparttrlent ��, d 0S% Albemarle Count 401fa9 e Road Charlottesville.VA229G2-4595 13 1li'[-1['1 b„.,-u.(434)296-5832 Fax• (434)972-4126 '' (�' Planning Application PARCEL/ OWNER INFORMATION IMP 04200-00-00-00900 Ow•ner(s): WALTON, STEWART E &NATALIE C WALTON TRS OF THE WAL1 Application# AP202100001 PROPERTY INFORMATION Legal Description ACREAGE Magisterial Dist. White Hall Land Use Primar; Residential -- Single-family (incl. modular homes v' Current AFD Not in A/F District Current Zoning Primary Rural Areas v APPLICATION INFORMATION Street Address 3575 GARTH RD CHARLOTTESV'ILLE,22901 I Entered B Jennifer Smith Application Type Appeal of Zoning Administrator's Determination 22 202 Project VIO-2020-288 i Received Date 106/21/21 1 F.acei ed Date Ffnal Submittal Date 07/06/21 ; Total Fees 1 2581 Closing File Date 1 Submittal Date Final J Total Paid I 258 Revision Number Comments r-------- Legal Ad __.. WITHDRAWN Per Zoning Ordinance 'SUB APPLICATION(s) Type !Sub Applicatio Comment APPLICANT / CONTACT INFORMATION ContactType Name I Address I CityState I Zip Phone PhoneCell Gwru,/Appticsci :WALTON,STEWART E&NATALIE C i 3575 GARTH RD CHARLOTTESVILL 22901 i 4349606,352 Pnnery Ccr,act ,M RNARD SIPE, BO'ti D is: SIPE PLC 105 N 1ST STREET,SUITE 202 CHA.RLOTTES',ILL 22902 '4342499134 Date Signature of Contractor or Authorized Anent FOR OFFICE USE ONLY AP # SIGN X 7.0NING ORDINANCE SECTION: ( Fee Amount $ � � Date Pa R By who?y" 4J`- Rmeq)t # t1-7,, Ck#1;�11— By:3S— Application for Appeal of Zoning Administrator's Determination id 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/writeconceming this project?): Maynard Sipe, Boyd & Sipe PLC Address 105 N 1st Street Suite 202 City Charlottesville state VA Zip 22902 Daytime Phone (43) 249-9134 Fax # E-mail maynard@boydandsipe.com Ownerofflecord The Walton Trust c/o Nick Barrell Address 3575 Garth Road City Charlottesville Daytime Phone (43) 960-6352 Fax # (---) Applicant (Who is the Contact person representing?): Same as Owner Address Daytime Phone () City State VA Zip 22901 E-mail State Zip E-mail County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11//2015 Page 1 of 2 Project Name: VI0-2020- Tax map and parcel: 04200-00-00-00900 Zoning: RA of 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. of error in determination and justification of applicant's position: iunkvard. which is not a permitted use: and (2) accessory structures have been constructed on the property without required permits. These are in error because: (1) items on the property are all usetul and useable permitted personal property and do not "Jyjnl<�/ard-" anti (9) tha char) whirh is ritcri ac haing ronctriirtarl withniit narmitc portable "shed" as defined in the building code and does not constitute a "structure" or "building" under the County's zoning ordinance and thus no building or zoning permit is 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. Signature weer or Comiact Purchaser, Agent Maynard Sipe, Esq. Attorney for Owner Print Name 21 June 2021 434-249-9134 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: 105N :. Suite 202 1 Charlottesville. VA 22902 boydanc -com Boyd R � MAYNARD SIPE TARA R. BOYD (`/][� Attorneyat Law Attorneyat Law Sipe (434) 249 9134 (804) 248-8713 maynard@boydandsipe.com taragboydandsipe.com 16 June 2021 Lisa Green, Manager of Code Compliance County of Albemarle 401 McIntire Road Charlottesville, VA 22902 Re: VIO-2020-288 Dear Ms. Green, I was very recently hired to represent the Walton Trust, owner of the property located at 3575 Garth Road and identified in Albemarle County records as Tax Map Parcel 04200-00-00-00900. 1 have been asked to assist the Trust in ensuring its compliance with Albemarle County's zoning regulations. In late May, I met on the property with Mr. Nick Barrell who represents the Trust, and I performed a second site visit this week. Mr. Barrell indicated to me that he is fully willing to comply with all regulations. He stated he has taken several steps to work with the zoning inspector including: removing two trailer loads of items from the property which were in disuse and no longer needed; and filing a building permit application which the inspector indicated was required.' He has also taken steps to move items lying outside into his barn, equipment building and shed. (See Photos attached). At this time, I ask that you withdraw the violation notice, as Mr. Barrell has taken steps to alleviate the inspector's concerns over the accumulation of items on the property, and the property is not presently in violation of any zoning regulations. The Notice of Official Determination of Violation dated May 19, 2021 cited the Walton Trust for two violations. The first was that the accumulation of items on the property constitute a junkyard, a non - permitted use. Mr. Barrell does have some items on the property about the barn, equipment building and shed. They all constitute his own personal property. While they could be viewed by some as "clutter," they are not "junk." There are no inoperable vehicles on the property. The few tires I saw were in good condition and are spares for his trailers and vehicles. Building materials such as stacks of fence boards and lumber are typical usable materials stored for personal use on his property. Buckets and 1 Building permit application was logged in Albemarle County's "County View" tracking system on May 21, 2021. It is presently deemed incomplete. Commercial Real Estate, Land Use & Local Government Law gas cans are in good condition and in use. Mr. Barrell is not accumulating "Scrap metal' though he has in the past used a couple of barrels as bins for recycling copper, aluminum and other metal that is left over from repairs to his personal vehicles, boats and farm equipment as well as personal projects. Mr. Barrell does not bring outside waste, trash or refuse onto the property. As noted, Mr. Barrell has removed disused items, scrap and recyclable materials, taking them to the landfill or recycling center. The items remaining as of this week, are all personal property items that are of use which he has a right to have on his property. The second violation is for having an accessory structure "constructed on this parcel without the required permits." The structure referred to is in fact a prefabricated portable storage shed which is "not permanently located on the ground or attached to something having a permanent location on the ground," and thus does not meet the definition of a structure under the Albemarle County zoning ordinance.' Because the portable shed does not meet the definition of a structure, is also does not meet the definition of a "building," thus no zoning permit is required.' No building permit is required for the shed as it is less than 257 square feet and meets criteria under the uniform building code to be exempt.' I realize that you may be hesitant to withdraw the violation notice without a further inspection. I would be happy to work with the inspector to schedule another inspection in the next week and she may contact me at 434-249-9134. However, I think it would serve everyone to withdraw this particular violation notice at this time and avoid the filing and pursuit of an appeal when my client is committed to compliance. Should the next inspection reveal anything that you continue to deem a violation, you retain the ability to promptly issue a new notice. 1 would appreciate an immediate response to this request to withdraw the violation, as otherwise I will file an appeal. Sincerely, Maynard Sipe, Esq. cc: lalen Boone Bart Svoboda ' See Albemarle County Zoning Ordinance Section — Definitions: Structure. 'Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a Permanent location on the around. This includes, among other things, dwellings, buildings, etc. For the purpose of the determination of setback, signs shall be excluded as a structure. Building. 'Building' means any structure having a roof supported by columns or walls. (Emphasis added). ' See Albemarle County Zoning Ordinance Section 31.3 Zoning Permits. "The zoning administrator shall review requests for zoning permits for those buildings and structures not required to file a building permit application, as follows: When required. Prior to starting, establishing, constructing, reconstructing, enlarging or altering any buildings or structures for which a building permit application is not required under the building code, the applicant shall request a zoning permit' (Emphasis added). 4 See 13VAC5-63-80(B)2: "One story detached structures used as tool and storage sheds, playhouses or similar uses, prodded the building area does not exceed 256 square feet (23.78 mz) and the structures are not classified as a Group F-1 or H occupancy."