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Home My WebLink AboutSE202100020 Application 2021-07-12APPLICATION FOR A SPECIAL EXCEPTION ® Request for a waiver, modification, variation ❑ Variation to a previously approved Planned or substitution permitted by Chapter 18 = $457 Development rezoning application plan or Code of Development = $457 OR ❑ Relief from a condition of approval = $457 Provide the following 0 3 copies of a written request specifying the section or sections being requested to be waived, modified, varied or substituted, and any other exhibit documents stating the reasons for the request and addressing the applicable findings of the section authorized to be waived, modified, varied or substituted. Provide the following ❑ 3 copies of the existing approved plan illustrating the area where the change is requested or the applicable section(s) or the Code of Development. Provide a graphic representation of the requested change. ❑ 1 copy of a written request specifying the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation. Project Name: Philip and Ellen Anderson Accessory Apartment for long term or transient Homes Current Assigned Application Number (SDP, SP or Tax map and parcel(s): Applicant / Contact Person Address 4800 Mahonia Drive Daytime Phone# ( 301 ) 335-6051 Fax# ( Owner of Record Address 4800 Mahonia Drive 02000-00-00-145AO,LOT Philip Anderson City Charlottesville City 145AO State Va Zip 22911 Email philsolar@gmail.com & Ellen Anderson Charlottesvile State Va Zip 22911 Daytime Phone# ( 301 ) 335-6051 Fax# ( ) Email philsolar@gmail.com County of Albemarle Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 *III: ■■t• APPLICATION FOR A SPECIAL EXCEPTION APPLICATION SIGNATURE PAGE If the person signing the application is someone other than the owner of record, then a signed copy of the "CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER" form must be provided in addition to the signing the application below. (page 3) Owner/Applicant Must Read and Sign By signing this application, I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner of the subject parcel(s) listed in County Records. I also certify that the information provided on this application and accompanying information is accurate, true, and correct to the best of m3 knowledge. By signing this application, I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written communication from also being sent via first class mail. May 5, 2021 Sign re of Owner / Agent / Contract Purchaser Date Philip & Ellen Anderson Print Name 301 335-6051 (Philip) Daytime phone number of Signatory FOR OFFICE USE ONLY APPLICATIrY O�N#: � � I'� AV Fee Amount $ 42- Date Paid I ]IT[yl By who? E I m 4 , I I P V 1Receipt # I�? Ck# By �'%i�"��S Request for special exception to Homestay regulation for 125 ft setback, May 5, 2021 Property: Philip & Ellen Anderson, 4800 Mahonia Drive, Charlottesville Va 22911, 301 335-6051, PhilSolar@gmail.com Parcel: 02000-00-00-145 A O Size: 7.41 acres Zoning: Rural Area I have applied for an accessory apartment permit, which we are allowed by right, and a building permit for its construction. I expect construction to begin in June 2021. I would like to rent the apartment for long term rental (more than 30 days), which is not regulated by the County, or for homestays (transient guests for less than 30 days per stay). I am requesting the Board of Supervisors to approve a special exception to the 125 ft lot line setback requirement for homestay dwelling and parking, per County regulation: Sec 5.1.48 j. (2) (v) Section 5.1,48 - Homestay j. Parcel -based regulations (2) Each homestay located on a parcel of five acres or more in the Rural Areas district (v) Minimum yards. The minimum front, side, and rear yard for parking and for structures used in whole or in part to serve a homestay shall be 125 feet from any abutting lot not under the some ownership as the homestay use. Per Sec 5.1.48 j. (2) (i & ii), an exception to the setback requirements may be approved if the County Board of Supervisors determines that: Special Exception to Homestay requirement minimum 125 foot setback Phil Anderson 301 335-6051 Page 1 of 4 There is no detriment to any abutting lot; and there is no harm to the public health, safety, or welfare. Only two neighbors share our lot lines and so would be affected by the 125 ft homestay offset requirement. I asked both to state if they had any objection to an exception to the homestay 125 ft offset requirement, and told them they could also make a statement directly to the Board of Supervisors and the Board may also invite a statement from them. Only one of the neighbors has responded, and they have no objection: 1. Joe & Elizabeth Feola, 4794 Mahonia Drive, Charlottesville VA 22911, Joe: joefeola5@gmail.com, (540) 181-3517; Elizabeth: ecareyincville@gmail.com (434) 466-2329. Their emailed response (email attached): We discussed and don't have any objections assuming there is some sort of assurance that anyone staying there would obviously pose no risk or danger to the family. I'm positive you would put safeguards in place but I guess I feel I need to say it out loud to be sure. Best of luck. Happy to send whatever you need us to. 2. Robert Munsey, 4830 Mahonia Drive, Charlottesville VA 22911, (864) 216- 1122, munceyr@gmail.com Robbie has not responded to my invitation to state his opinion about the exception and his house is now for sale. I feel that homestay use of our basement accessory apartment (to be built) will not be a detriment to the two abutting lots (Munsey & Feola lots) because: Visual and acoustic privacy of the Munsey home: At night, headlights of cars in our driveway will not shine toward the Munsey home. No part of the apartment is visible from the Munsey home, including the apartment entrance. Our home is 64 feet from the lot line and 105 feet from the Munsey house, including 40 feet of dense forest, and the apartment entrance and patio is another 30 feet (total 135 feet from the Munsey home). The Munsey house is elevated about 20 feet above our home main entrance floor and 30 feet above the entrance to the basement apartment so there is no level line of sight from our home to the Munsey home and no line of sight from the apartment. In the growing season, forest foliage blocks view of our home and driveway, and partially in the winter. In outside Special Exception to Homestay requirement minimum 125 foot setback Phil Anderson 301 335-6051 Page 2 of 4 activity weather, voices of homestay guests on the apartment patio and swimming pool further away and downhill will be blocked by our home, hill and forest, but guest voices may be heard (but not discernable) as the guests walk from parking toward the apartment entrance. We have seldom heard voices from the Munsey property, and never discernable - people would have to yell to be heard between both properties. The apartment entrance is not visible at any time from the Munsey home but the apartment parking will be visible when there is no foliage in winter. Visual and acoustic privacy of the Feola home: The apartment is 106 feet from the Feola lot line and 120 feet from the home. At night, headlights of cars in our driveway will not shine toward the Munsey home. The apartment entrance is not visible from the Feola home. In the growing season, forest foliage blocks view of the apartment two side windows and the driveway, and partially in the winter. In outside activity weather, voices of homestay guests on the apartment patio and swimming pool may be heard from the Feola home but will not be discernable - people would have to yell to be heard clearly between both properties. The apartment entrance and parking is not visible at any time from the Feola home. The swimming pool is downhill and further away from both adjacent homes, not visible at any time from the Munsey home and only partially visible from the Feola home due to screening by the pool pump house and pool fencing. Activities on the 5 acre meadow will likely be walking and running, and maybe games like badminton, croquet and frisbee. From the rear of our home we can barely hear voices down in the meadow so they will be even less perceptible from the adjacent homes. Traffic: We expect only 1 and occasionally 2 homestay guest cars two to four days weekly, in addition to our two cars, and these extra cars will likely use the driveway for one entrance and exit daily. Public health, safety, or welfare: This will be a high end cost apartment in a beautiful natural setting which will be attractive and affordable mainly to people who will likely be civil, behaved, law abiding and considerate of others. We will have rules forbidding rowdy or lewd guest behavior, and forbidding drunkenness, smoking and drugs. Guests will be partially screened for Special Exception to Homestay requirement minimum 125 foot setback Phil Anderson 301 335-6051 Page 3 of 4 behavior by a reservation service, like Air B&B or Vrbo. COVID quarantine rules will be strictly observed. Special Exception to Homestay requirement minimum 125 foot setback Phil Anderson 301 335-6051 Page 4 of 4 4 IT2021 Gmail - Phil - apartment for Air B&B or long term rental Gmall natureschild2000 <philsolar@gmail.com> Phil - apartment for Air B&B or long term rental 7 messages Phil Anderson <philsolar@gmail.com> Fri, Apr 23, 2021 at 7:30 PM To: Joe Feola <joefeola5@gmail.com>, Elizabeth Carey Feola <ecareyi cville@gmail.com> Cc: Philip Anderson <philsolar@gmail.com>, Ellen Anderson <ellensta 521 @gmail.com>, Chris Anderson <coaoak@gmail.com> Elizabeth and Joe, I may have mentioned to you that we planned to build a one -bedroom apartment in the basement of our home for long term rental (more than 30 days) or for short term /Air B&B rental less t an 30 days (referred to by the County as a "Homestay"). We can rent the apartment for terms longer than 30 days by right due o our property's zoning (as can you) but for the short term rental we have to get a special exception by the County Bo rd of Supervisors because our home and the apartment parking are less than 125 feet from neighbors' lot lines. How do you feel about this? We feel there will be no or minimal impact on your property, in terms of visual or acoustic privacy, and social and safety issues. I hope you agree for we do not Nvant to do anything to degrade your quality of life. But if you have some objection, please call me so we can discuss. Also, you could put your objection in writing for me so I can include it in our application for the special exception for the Cour ity Board to consider, or you can submit your objections directly to them, and they also may contact you for this. I hope this will be okay for you. It is something we need to do now s and enable Chris to remain here after we are gone, with a caretaker Links to the County regulations are after my signature block. Best, Phil Philip Anderson 4800 Mohonia Drive Charlottesville, VA 22911 philsolar@gmail.com mobile: 301 335-6051 home: 434 2 tab https://library.municode.com/va/albemarle county/codes/ CH18Z0 ARTIIBARE SSSURE S5.1SURE S5.1.48H0 Phil Anderson <philsolar@gmail.com> To: Joe Feola <joefeola5@gmail.com>, Elizabeth Carey Feola <e Cc: Ellen Anderson <eilenstar0521 @gmaii.com>, Chris Anderson E & Joe, you could also write that you have no objections, if that is [Quoted text hidden] Joseph Feola <joefeola5@gmail.com> To: Phil Anderson <philsolar@gmail.com> the apartment may enable us to age in place later, residence. ! see "regulations" Fri, Apr 23, 2021 at 7:40 PM case, for the Board to consider. Sat, Apr 24, 2021 at 3:56 PM 68881 &simpl=msg-a%3Ar-78145516... 1/3 4�2712021 + Gmail - Phil - apartment for I r B&B or long term rental Cc: Elizabeth Carey Feola <ecareyincville@gmail.com>, Ellen Anderso <ellenstar0521@gmail.com>, Chris Anderson <coaoak@gmail.com> Thanks for the heads up Phil. If you don't mind just giving us a few a response by end of day Monday. Curious if you don't mind sharing, how much you are considering c term? I know people making good money out there. Love to check but want to make sure we give it the proper consideration. Thanks Joe Sent from my iPhone On Apr 23, 2021, at 7:40 PM, Phil Anderson [Quoted text hidden) Phil Anderson <philsolar@gmail.com> To: Joseph Feola <joefeola5@gmail.com> Sounds good. Don't feel constrained on the timetable. I can submit opinion can come later. Long term rental $1500 to $2000 monthly.. Air B&B $180 to $200 ni and laundry, family room (with woodstove?), maybe a garden, berry Nature out back. [Quoted text hidden] Phil Anderson <philsolar@gmail.com> To: Joseph Feola <joefeola5@gmail.com> You're welcome to look at the apartment layout anytime.. Just [Quoted text hidden] Joseph Feola <joefeola5@gmail.com> To: Phil Anderson <philsolar@gmail.com> Phil We discussed and don't have any objections assuming there is some obviously pose no risk or danger to the family. I'm positive you would 1 say it out loud to be sure. Best of luck. Happy to send whatever you need us to. Joe Sent from my iPhone On Apr 24, 2021, at 6:09 PM, Phil Anderson [Quoted text hidden] to chat about it we would appreciate it. I'll get you for a long term rental? Or do you prefer shorter set up sometime. Don't see it being an issue wrote: Sat, Apr 24, 2021 at 5:58 PM request for setback waiver and the neighbors' This is a high end apartment with full kitchen s, pool, hot tub, maybe medical sauna, all the in at this point. Sat, Apr 24, 2021 at 6:08 PM Tue, Apr 27, 2021 at 8:29 PM t of assurance that anyone staying there would safeguards in place but I guess I feel I need to wrote: 6... 213 4/27/2021 r Gmail - Phil - apartment for r B8B or long tens rental Phil Anderson <philsolar@gmail.com> Tue, Apr 27, 2021 at 11:11 PM To: Joseph Feola <joefeola5@gmail.com>, Elizabeth Carey Feola <eca yincville@gmail.com> Cc: Philip Anderson <philsolar@gmail.com>, Ellen Anderson <ellensta 521 @gmail.com> Thanks Joe & Elizabeth. It will be a high -end, high cost apartment wh ch should attract higher cultured people and we will have strict rules against drunken behaviour, drugs, smoking, loud or IE wd behavior, etc. This, not just for our neighbors, but for ourselves since these people will be guests in our home. I'm nc t sure, but I expect the advertising and booking platform we use may have a discrimination function that blocks peoPIE who have misbehaved in previous rentals on the system - Air B&B, VRBO, etc. I'll keep you posted on the project. [Quoted text hidden] &simpl=msg-a k3Ar-78145516... 3/3