HomeMy WebLinkAboutSE202100027 Application 2021-09-01=y(ll 11~g'
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
To: Albemarle County Board of Supervisors
From: Lea Brumfield, Senior Planner II
Date: September 1, 2021
Re: SE202100027 Homestay Special Exception Ownby
TMP: 11400-00-00-064A1
Magisterial District: Scottsville
School Districts: Scottsville E.S., Walton M.S., Monticello H.S.
Zoning District: RA Rural Areas
Summary of Special Exception:
The applicant is requesting two special exceptions for a homestay at 1850 Secretarys Drive:
Reduce Required Minimum Yards. Pursuant to County Code § 18-5.1.48(i)(1)(ii), the applicant is
requesting to modify County Code 18-5.1.480)(1)(v) to reduce the required 125-foot setbacks to to 88 feet +/-
on the western property boundary and 90 feet +/- on the southeastern property boundary for a homestay use
in the existing primary dwelling and its accompanying parking.
Increase Number of Guest Bedrooms. Pursuant to County Code § 18-5.1.48(i)(1)(i), the applicant is
requesting to modify County Code 18-5.1.480)(1)(iii) to increase the maximum number of guest rooms to
three guest rooms in a homestay on a parcel of less than five acres in the Rural Areas district.
Please see Attachment A for full details of staffs analysis and recommendations.
Staff Recommendation:
Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve the special
exception with the conditions contained therein.
Attachments:
A. Staff Analysis
B. Applicant's Proposed Homestay
C. County Code § 18-5.1.48 Homestay Zoning Regulations
D. Location Map
E. Parking and House Location Exhibit
F. Resolution
Attachment A - Staff Analysis
STAFF PERSON:
Lea Brumfield, Senior Planner II
BOARD OF SUPERVISORS:
September 1, 2021
PROJECT:
SE202100027 Homestay Special Exception Ownby
PROPERTY OWNER:
Jeffrey D. Ownby
LOCATION:
1850 Secretarys Drive
TAX MAP PARCEL:
11400-00-00-064A1
MAGISTERIAL DISTRICT:
Scottsville
APPLICANT'S PROPOSAL:
The applicant is seeking a zoning clearance and two special exceptions for a homestay use within the
existing primary dwelling (Attachment B). The two requests are to (1) reduce the minimum yard of
125 feet from all property lines for parking and structures used for a homestay in the Rural Areas
(RA) zoning district, and (2) increase the number of guest bedrooms to three guest bedrooms in a
homestay on a parcel of less than five acres in the Rural Areas district.
Reduce required minimum yards. For homestay parking and structures on Rural Areas (RA)
parcels, County Code § 18-5.1.480)(1)(v) requires a minimum yard of 125' from any abutting
lot not under the same ownership. The applicant is requesting to reduce the required 125-foot
setbacks to 88 feet +/- from the western property boundary and 90 feet +/- from the
southeastern property boundary for a homestay within the existing primary dwelling. The
parking for the homestay use is located directly behind the primary dwelling. The structure and
parking comply with required minimum yards from all other property boundaries.
2. Increase number of guest bedrooms. County Code § 18-5.1.480)(1)(iii) limits homestays on
Rural Areas (RA) parcels of less than five areas in size to a maximum of two guest rooms.
The applicant is requesting to increase the permitted number of guest rooms to three.
CHARACTER OF THE PROPERTY AND AREA:
The 3.38-acre property is located at 1850 Secretarys Drive, approximately halfway between the
Town of Scottsville and the City of Charlottesville, east of Walnut Creek Park. The nearest
house is located 200 feet +/- feet away from the homestay, and the next nearest neighboring
house is located 290 feet +/- from the homestay. The primary dwelling, as well as a shed and a
garage, were completed in 2015. The homestay use is proposed on the primary floor of the
existing primary dwelling while the owner resides in the basement apartment, and parking for
the homestay would be located to the rear of the dwelling. (Attachment E)
PLANNING AND ZONING HISTORY:
The applicant operates a permitted minor home occupation within the dwelling, primarily
performing office work on site, and performing installation of masonry at clients' locations. The
property is currently in compliance with zoning and taxation/licensing regulations.
ABUTTING PROPERTY OWNER COMMENTS
The notice to abutting property owners was mailed on July 29, 2021. Staff has received no
concerns or comments from abutting property owners.
COMPREHENSIVE PLAN:
The property is designated as Rural Area in the Comprehensive Plan. This designation includes
preservation and protection of agricultural, forestal, open space, and natural, historic, and
scenic resources. The Rural Area chapter of the Comprehensive Plan recognizes tourism as a
vital part of the County's economy but urges that care be taken with tourist activities so that they
do not overwhelm or negatively affect the very resources that make rural Albemarle attractive to
residents and tourists. Staff does not believe the homestay use will conflict with these overall
goals of the Comprehensive Plan. The homestay is proposed within an existing structure.
ANALYSIS OF THE SPECIAL EXCEPTION REQUEST:
Special exceptions are subject to County Code § 18-33.5, under which the Board may either
approve or deny an application, defer action to allow for changes prior to final action, or refer the
application to the Planning Commission.
Though the Board is not required to make specific findings in support of its action, County Code
§18-5.1.48(i)(2) identifies the following factors for consideration:
(i) There is no detriment to any abutting lot; and
(n) There is no harm to the public health, safety, or welfare.
Staff's opinion is that reducing the setback from the side property lines for a homestay use
within the existing primary dwelling, and increasing the number of permitted guest rooms from
two to three guest rooms would not cause either (i) detriment to any abutting lot or (ii) harm to
the public health, safety, or welfare.
Additional screening to the east of the homestay is recommended to screen the use from
abutting properties, consistent with prior staff recommendations and special exceptions granted
to homestays with similar requests.
The applicant will be required to meet all other homestay requirements of the County Code,
including parking, safety inspections/building code, neighbor notification of emergency contact,
and addressing. These requirements, along with conditions of approval, are verified through the
zoning clearance process, which would follow special exception approval.
RECOMMENDATION:
Staff recommends that the Board adopt the attached resolution (Attachment F) to approve two
Homestay special exceptions, subject to the following conditions:
1. Parking for homestay guests is limited to the existing parking areas, as depicted on the
House and Parking Location Exhibit dated August 11, 2021.
2. Homestay use is limited to the existing structures, as currently configured and depicted
on the House and Parking Location Exhibit dated August 11, 2021.
3. The existing screening, as depicted on the House and Parking Location Exhibit dated
August 11, 2021, must be maintained, or equivalent screening that meets the minimum
requirements of County Code § 18-32.7.9.7(b)-(e) must be established and maintained.
Additional screening must be established directly east of the homestay and homestay
parking area as shown on the House and Parking Location Exhibit dated August 11,
2021, and maintained with screening that meets the minimum requirements of County
Code § 18-32.7.9.7(b)-(e).
A. Staff Analysis
B. Applicant's Proposed Homestay
C. County Code § 18-5.1.48 Homestay Zoning Regulations
D. Location Map
E. House and Parking Location Exhibit
F. Resolution
June 11, 2021
Jeffrey Own by
1850 Secretary's Rd.
Scottsville, VA 24590
County of Albemarle
Community Development
c/o Rebecca Ragsdale
401 McIntire Rd.
Charlottesville, VA 22902
Re: Special Exception for Homestay
Dear Respective Board Members:
Please accept this request for setback reduction for above mentioned property. As a lifelong resident of
Scottsville I have a love of the area and the many attributes we have to offer visitors and guest such as
the various wineries within just miles of my homestay. The beauty and history of the town of Scottsville,
Downtown Charlottesville, Monticello as well as UVA. Unfortunately, with the limited resources for
lodging in the southern part of the area many people don't get to take full advantage of all amenities
there are to offer here.
While the initial thought came to mind of being able to offer lodging in the beautiful rolling hills that
offer a plethora of adventures and sights; COVID presented a more pressing dilemma. As a small
business owner I've seen a significant drop in work availability at this time. Being able to offer my home
as a Homestay offers a resource as supplemental income for loss of finances due to slow economy at
this time. It is my hope that I may continue to utilize it as such.
As noted there needs to be a clearance of 125 feet on either side, which I fall just shy of. However,
there is fencing as well as tree lines and a gravel road offering a buffer between myself and the
neighbors. Additionally, I've talked with my neighbors and they have no objection to the property being
utilized as a Homestay.
Thank you in advance for your time and consideration regarding this matter.
Res ectfu��lly,
Je re4.Ownb
12/9/2019
Sec. 5.1.48 - Homestays.
Albemarle County, VA Code of Ordinances
Each homestay is subject to the following regulations:
a. Residency. The owner of the parcel on which a homestay is located, must reside on the
subject parcel for a minimum of 180 days in a calendar year.
b. Notice. The owner of a parcel conducting a homestay use must provide the name, telephone
number, and emergency contact information of the owner and other designated responsible
agent to abutting parcel owners on an annual basis. The owner must retain and provide a
copy of the notice to the Zoning Administrator within five business days upon request.
c. Parking. In addition to the parking required for a single-family dwelling, the number of off-
street parking spaces required by County Code § 18-4.12.6 must be provided on -site and no
alternatives to parking in § 18-4.12.8 may be authorized.
d. information and sketch plan to be submitted with request for zoning clearance. The
following documents must be submitted to the zoning administrator with each request for a
zoning clearance under County Code § 18-31.5:
Information. Information pertaining to the following: (i) the proposed use; (ii) the
maximum number of guest rooms; (iii) the provision of authorized on -site parking; (iv)
the location, height and lumens of outdoor lighting; and (v) two forms of verification of
the permanent residency of an owner. Acceptable proof of permanent residence
includes: driver's license, voter registration card, U.S. passport, or other document(s)
that the zoning administrator determines provide equivalent proof of permanent
residence at the subject parcel.
2. Sketch plan. A schematic drawing of the premises with notes in a form and of a scale
approved by the zoning administrator depicting: (i) all structures that would be used for
the homestay; (ii) the locations of all guest rooms; and (iii) how access, on -site parking,
outdoor lighting, signage and minimum yards will be provided in compliance with this
chapter.
3. Signatures. The responsible agent and the owner of the parcel must sign the
application.
e. Building code, fire and health approvals. Before the zoning administrator approves a zoning
clearance under County Code § 18-31.5, the owner of the parcel must obtain approval of the
use from the building official, the fire official, and the Virginia Department of Health.
f. Uses prohibited. The following uses are not permitted as uses accessory to a homestay use:
(i) restaurants; and (ii) special events serving attendees other than homestay guests.
g. Responsible agent. Each applicant for a homestay must designate a responsible agent to
promptly address complaints regarding the homestay use. The responsible agent must be
available within 30 miles of the homestay at all times during a homestay use. The responsible
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agent must respond and attempt in good faith to resolve any complaint(s) within 60 minutes
of being contacted. The responsible agent may initially respond to a complaint by requesting
homestay guest(s) to take such action as is required to resolve the complaint. The
responsible agent also may be required to visit the homestay if necessary to resolve the
complaint.
h. Lawfully pre-existing uses. Any bed and breakfast or tourist lodging use approved prior to
August 7, 2019 may continue, subject to conditions of the prior approval(s).
i. special exception.
(1) Waiver or modification of this section is prohibited except to permit:
(i) More than two guest rooms and/or the use of an accessory structure in
association with a homestay on parcels in the Residential or Planned Development
districts, or Rural Areas district parcels of less than five acres;
(ii) Reduction in minimum applicable yards for a structure or parking used in whole or
in part for a homestay.
(iii) The use of an accessory structure built after August 7, 2019.
(iv) Resident Manager occupancy instead of owner occupancy as required by 5.1.486)
(1)(iv).
(2) Special exceptions maybe granted after notice to abutting property owners upon
consideration of the following:
(i) There is no detriment to any abutting lot; and
(ii) There is no harm to the public health, safety, or welfare.
j. Parcel -based regulations.
(1) Each homestay located on (a) a parcel of less than five acres in the Rural Areas Zoning
District or (b) a parcel of any size that allows residential use in the Residential Zoning
Districts or Planned Development Zoning Districts is subject to the following
regulations:
(i) Number of homestay uses. Any parcel may have only one homestay use. An
accessory apartment may not qualify as a dwelling unit for a homestay use.
(ii) Dwelling types. Homestay uses may only be conducted in a detached single-family
dwelling.
(iii) Number ofguest rooms. A maximum of two guest rooms maybe permitted with
each homestay use.
(iv) Owner occupancy. The owner of a parcel with a homestay use must reside on and
be present at the subject parcel during the homestay use.
(v) Minimum yards. 1) In the Residential or Planned Development districts, the
minimum applicable front, side, and rear yard requirements for primary structures
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apply to all structures used for homestays; 2) In the Rural Areas district, the
minimum front, side, and rear yard shall be 125 feet from any abutting lot not
under the same ownership as the homestay, for parking and for structures used in
whole or in part to serve a homestay.
(2) Each homestay located on a parcel of five acres or more in the Rural Areas district is
subject to the following regulations:
(i) Number of homestay uses. Any parcel may have up to two homestay uses,
provided all other applicable requirements are met.
(ii) Accessory structures. Homestay uses maybe conducted in accessory structures
built on or before August 7, 2019.
(iii) Number ofguest rooms. A maximum of five guest rooms maybe permitted with
each homestay use.
(iv) Required development rights, density and limitation. Each single-family dwelling to
which a homestay use is accessory must comply with the following regulations:
(a) on any parcel less than 21 acres in size, the single family dwelling shall be
authorized by a development right as provided in County Code § 18-10.3;
(b) on any parcel, regardless of size, the single family dwelling shall comply with
the permitted density; and
(c) no single family dwelling may have more than one accessory homestay use.
(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 same ownership as the homestay use.
(vi) Owner occupancy. The owner of a parcel conducting a homestay use must reside
on and be present at the subject property during the homestay use except during
approved whole house rentals.
(vii) Owner occupancy during whole house rental. The owner of a parcel conducting a
homestay use that is approved for whole house rental may be absent during the
rental period for up to seven days in any calendar month and up to 45 days in any
calendar year. The owner shall maintain a log of all homestay uses including the
date of each rental for which the owner is absent. This log shall be provided within
five business days to the Zoning Administrator upon request.
( Ord. 12-18(3), 6-6-12; Ord, 19-18(6), 8-7-19)
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