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HomeMy WebLinkAboutLOD202100017 Correspondence 2021-09-07WILLIAMS MULLEN Direct Dial: 434.951.5728 Ischweller@williamsmullen.com September 7, 2021 VIA ELECTRONIC SUBMISSION County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Official Determination of Non -Conforming Use Request 2944 Hydraulic Road, Tax Map Parcel 06100-00-00-01600 (the "Property") Dear Sir/Madam: On behalf of University Circle, LLC, the owner of the Property (the "Owner"), I request a written determination, pursuant to Albemarle County Zoning Ordinance Section 31.1(ax2), that confirms the nonconforming uses for the Property. An Application for Official Letter of Determination accompanies this letter. Property Records Land records indicate that the Property was used for a drilling sales and service operation beginning in the 1960s. By deed dated July 28, 1966, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 420, page 74, J. L. Hartman and Pauline H. Hartman conveyed the Property to Homer J. Faw, Jr. and Jane R. Faw. The Property is shown as Parcel C, containing 1.28 acres, on a plat recorded in Deed Book 365, page 409. The Faws conveyed the Property to Diversified Leasing Company, Inc. by deed dated July 17, 1967, recorded in Deed Book 431, page 424. By deed of December 30, 1988, recorded in Deed Book 1031, page 45, Diversified Leasing Company of North Carolina, Inc. transferred the Property as well as all its right, title, and interest under a lease agreement (dated October 24, 1986) between itself and Drillers Service, Inc., to Jack Faw, Jr., who assumed all of the grantor's obligations under the lease. By deed of H. Jack Faw, Jr. and Elizabeth R. Paw, dated September 8, 1989, the Property was conveyed to Robert H. Blodinger, Trustee, to sell the Property to Driller's Service as part of a like -kind exchange. Driller's Service purchased the Property from Robert H. Blodinger, Trustee, by deed dated September 8, 1989, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1073, page 51. Copies of the cited deeds and plat are enclosed. Improvements and Use The property contains a small building (approximately 2,970 square feet). The tax records and accompanying drawing of the structure, attached, indicate that it was constructed in 1967. Both the 1974 and 1980 aerial photographs from the University of Virginia image library (geoportal.lib.virginia.edu/UVAImageDiscovery) show the existing structure situated near the southwestern boundary of the property (see attached current Albemarle GIS map and current Google Maps images for existing structure). 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.com I A Professional Corporation September 7, 2021 Page 2 Until shortly before the Owner purchased it in July 2021, the Property was the location of a business operated by Driller's Service, Incorporated, now Driller's Service, LLC ("Driller's Service"). Driller's Service continues to operate in Louisa County, and its Director of Finance, Jack Pennell, provided the enclosed affidavit, which affirms that it operated its business on the Property continuously from May 1, 1964 until April 20, 2021. Driller's Service sells products used in water well, irrigation, and wastewater infrastructure installation, repair, and maintenance. Products sold include well pumps, motors and controls, pipes and tanks, tools and equipment. During the time of the operation of its business on the Property, Driller's Service stored large tanks, large stacks of pipes, and various trucks and equipment outdoors on the Property. Large trucks accessed the Property regularly to make deliveries to the business and take materials and equipment to customers' locations. The 2,970 square foot building, constructed in 1967, was used for an office, storage, and a shop (see the drawing attached to the tax card). Legal Nonconforming Use Predating Current Zoning The Property is currently zoned R-10 Residential. The use of the Property from May 1, 1964 (prior to the adoption of the Zoning Ordinance in 1980) until April 20, 2021 was a use that would not be permitted in the R-10 district. Pursuant to Section 6.2 of the Zoning Ordinance, the Owner desires to continue to use the Property for legally nonconforming uses. Therefore, this request asks for confirmation that (1) the use of the Property by Driller's Service was legally nonforming, (2) proposed uses qualify as nonconforming uses that may continue until the Property is redeveloped, and (3) proposed uses do not constitute an enlargement or extension of the prior nonconforming use. Pursuant to the current Albemarle County Zoning Ordinance, the Driller's Service use was a commercial or industrial use that could be classified as one or more of the following uses, which are currently permitted by right in the Highway Commercial (HQ district, as well as in the Heavy Industrial (HI) district (without the limitation on gross floor area for storage/warehousing/distribution/transportation): - Machinery and equipment sales, service, and rental; - Storage yard - Storage / warehousing /distribution/transportation; gross floor area of the establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed 4,000 square feet per site by special exception approved by the board of supervisors For reference, section 3.1 provides definitions of the following uses: Storage yard. "Storage yard" means an area used for parking, storing and/or maintaining equipment, vehicles and materials used off -site in the trade, business or other commercial or industrial activity of the owner or occupant, and which may include storing and maintaining equipment, vehicles and materials within buildings or structures; but which use does not include parking, storing and/or maintaining heavy equipment and heavy vehicles, storing explosives, including blasting caps, storing nuclear products, by- products or wastes, or storing kerosene or other volatile materials except that which is reasonably necessary to maintain equipment and vehicles. September 7, 2021 Page 3 Storage/Warehousing/Distribution/Transportation. Storage/warehousing/distribution/transportation" means an establishment used primarily for the safekeeping, selling or transferring of saleable goods or raw materials to be incorporated into saleable goods including, but not limited to, storage facilities, call centers, data processing facilities or transit; an establishment used as a privately owned and operated waste transfer station; and towing services and the storage of vehicles in conjunction with that service." Section 6.2 -- Nonconforming Uses The following Section of the Zoning Ordinance pertains to the continuance of a nonconforming use. As indicated by the responses to the subsections below, the Owner will not change, enlarge, or extend the area of, the nonconforming use, nor will the proposed uses change the character of the use in such a way as to enlarge or extend the nonconformity. Please provide a determination that, subject to the restrictions below, some or all of the uses listed in the response to Section 6.2.13 would not change the character of the prior nonconforming use based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of the Zoning Ordinance. Sec. 6.2 - Nonconforming uses. A nonconforming use may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Change, enlargement or extension of area used by a nonconforming use. The area occupied or used by a nonconforming use shall not be: 1. Occupation or use of additional area. Changed, enlarged or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; except that: (i) a nonconforming use may be enlarged or extended throughout any part of a structure that was arranged or designed for such nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located, but only if the enlargement or extension does not change the character of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the lot, or other abutting lots under identical ownership as the lot on which the nonconforming use exists on the effective date of this chapter; or Any proposed nonconforming use would occupy the same lot and same structure located on the property. 2. Occupation or use of additional structure. Changed, enlarged or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or There is only one structure on the Property, so this condition will be met. 3. Relocation to previously unoccupied or unused area. Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or September 7, 2021 Page 4 The entire parcel had been used for the previous nonconforming use. 4. Relocation to previously unoccupied or unused structure. Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located. There is only one structure on the Property. B. Enlargement or extension of a nonconforming use. A nonconforming use shall not be enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed. The zoning administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the volume or intensity of the use and any alteration or variation in the use, such as the provision of additional goods or services, shall be considered. A mere increase in the volume, intensity or frequency of the use that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use. Various uses permitted by right in the Highway Commercial District could be maintained on the Property without requiring additional area, additional structures, or the expansion of the existing structure. The Owner requests a determination that certain or all of the following uses permitted by right in the HC district (numbering is based on Section 24) would not change the size and scope of the previous use by causing an increase in the volume or intensity of the use. These uses involve the provision of goods or services other than tanks, pipes, and heavy equipment. However, this alteration or variation of use is not an enlargement or extension of the use since the change is for one that would not change the character of the area and has no greater impact on the area than the prior storage yard or storage / warehousing / distribution / transportation use. 1.Car washes. 2.Automobile, truck repair shops. 4.Building materials sales. 10.Feed and seed stores (reference 5.1.221. 12.Fire extinguisher and security products, sales and service. 17.Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 22.11flachinery and equipment sales, service and rental. 25.Motor vehicle sales, service and rental. September 7, 2021 Page 5 28.Offices. 29.Office and business machines sales and service. 31.Retail nurseries and greenhouses. 32.Sale of major recreational equipment and vehicles. 33.Wayside stands - vegetables and agricultural produce (reference 5.1.19 . 34.Wholesale distribution. 36.Public uses (reference 5.1.12 . 37.Temporary construction headquarters and temporary construction storage yards (reference 5.1.18). 39.Heating oil sales and distribution (reference 5.1.20 . 40.Temporary industrialized buildings (reference. 41.Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. 43.Farmers' market (reference 5.1.4i). 46.Storage yards. 49.Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment may exceed 4,000 square feet per site by special exception approved by the board of supervisors. C. Enlargement, extension, reconstruction or structural alteration of structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the following circumstances: 1. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. 2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary repairs and maintenance, and the repair or replacement of nonbearing walls, fixtures, wiring or plumbing, which is necessary to keep the structure in a usable condition. September 7, 2021 Page 6 3. Repairs to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the structure or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these improvements are not mandatory. 4. Repairs or reconstruction of structure. The repairs or reconstruction are performed on a structure which is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that: (i) the repairs or reconstruction commence within one year, and are completed within two years, from the date of the damage; and (ii) the structure is not enlarged or extended as a result of the repair or reconstruction. The Owner acknowledges the limitations to the expansion and modification of the building. Thank you for your consideration of this request. Please call me any time at 434-951-5728 if you would like additional information. Very truly yours, �Qll Lori H. Schweller Enclosures: Application signed by Owner TMP 61-16 Tax Card TMP 61-16 Tax Map Driller's Service Affidavit Google Aerial 1974 Aerial 1980 Aerial Deeds and plat of the Property cc: University Circle LLC