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HomeMy WebLinkAboutVA199500005 Correspondence 1995-05-22 Cafe No Problem NAY 2 2 1995 Richard A. Cooper Owner - .:4)1,, , Post Office Box 62 Crozet, Virginia 22932 Wayne Cilimberg County of Albemarle Department of Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 May 22, 1995 Dear Mr. Cilimberg, As you requested, I am writing this letter to supplement the application to amend the service authority jurisdictional area for limited sewer service at the restaurant site, Tax Map 57, Parcel 31A. The Board of Supervisors past conditional approval of on site sewerage, based on the "State's criteria to serve the existing structure, existing use and existing capacity only," has been interpreted by me and many county officials in many different ways. The State has many criteria. EXISTING STRUCTURE The Board did not prohibit the existing stucture from being expanded, enlarged, or modified in compliance with all zoning and building regulations applicable. The proposal seeks permission to change the structure from one level to two levels consistent with other structures in the immediate vicinity. The Zoning administrator requires board approval to modify the structure instead of applying the Zoning Ordinance. We have applied for necessary variances. EXISTING USE The current proposal before the Planning Commission requests permisssion to build an employee apartment above the restaurant. The use will expand only to a use which is less intense and to one which is otherwise permitted by right in C-1 Districts. The use would be less intense than a restaurant's and would allow the building and its business to exist as a place both optimally cared for and well maintained. Historically and currently, many great restaurant operators eagerly live where they work and find this a great convenience because of the long hours involved in running the business as well as for security reasons. EXISTING CAPACITY The current proposal seeks an occupant load of 100 customers. You have asked me to gather data based on "state's criteria" to determine what the seating capacity of the existing structure was when the Board gave its approval in December of 1992. The most recent document found at the Thomas Jefferson Health Department shows they approved a Temporary Pump and Haul permit for an occupancy of 85 people for one evening meal per day pending a permanent sewer solution. According to the BOCA code, the existing structure could handle at least 115 people. And Planner, Bill Fritz, informs me there are even more "state's criteria" for determing existing capacity that would yield still different results. Being mindful of The Board's limits on the sewer system/ pump station, its design is for 100 people. Jim Moore of the State Health Department in Lexington has approved the current system- its ability to pump more is limited only by the size of the pumps. The current proposal before the Planning Commission requests permission to build an employee apartment above the existing structure in accordance with Zoning and Building Regulations. The capacity will not expand, and thus there is no need for additional sewerage or parking. Alternatively we ask, if this cannot be accommodated unconditionally, for permission to downsize the restaurant seating capacity from 100 seats to 98 and allow for 2 employees to live above and work in the restaurant. We appreciate all your efforts to maintain the viabiliity of this site and to ensure the restaurant's best chance for survival in an already competitive market. We are confident Cafe No Problem will one day live up to its name and be an asset to the Albemarle Community consistent with the fine character of this neighborhood. Respectfully, /- ,j1, 4 Rich 4 A. Coop