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Home My WebLink AboutVA200100006 Action Letter 2001-04-11 , , C7 LI�IrIIP COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 FAX(804)972-4126 TELEPHONE(804)296-5832 TTD(804)972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION Date Notice of Determination is given: April 11, 2001 No: V-2001-067 CERTIFIED MAIL # 7099 3400 0007 0945 0328 Gordon L. Wheeler or Hildreth McCray 1147 Rosehill Drive Charlottesville, Va. 22901 Property: 08000-00-00-11300 Same as Above Tax Map Number and Parcel Number Owner of Record You are hereby notified that, after an investigation of the above-described property, the Zoning Administrator has determined that the following constitutes violations of section 36.1 of the Albemarle County Zoning Ordinance as follows: 1. Addition to the existing structure has been constructed without a building permit. 2. This addition has been occupied and is in use without the required Certificate of occupancy. 3. This addition does not meet setbacks as required by Section 6.3 and section 10.4 of the Zoning Ordinance. The relevant ordinance sections are: 1. Section 31.2.1 Permits Required; Conformance Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained from the zoning administrator. No building permit or certificate of occupancy shall be issued in violation of zoning or other local ordinances. 2. Section 31.2.3.2 Certificates of Occupancy; Zoning Compliance Clearance; ...it shall be unlawful to ...change the use of any building or premises ...until the zoning administrator shall issue a zoning compliance clearance for such ...change in use. Such clearance shall show that such building, premises or part Page 2 V-2001-067 April 11, 2001 thereof, and the proposed use thereof is in conformity with the provisions of this ordinance. 3. Sec. 6.3 Nonconforming structures A nonconforming structure may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Extension or enlargement of a nonconforming structure. A nonconforming structure shall not be enlarged or extended except in the following circumstances, and provided that the enlargement or extension complies with all other applicable requirements: 3. Structure where nonconformity is its noncompliance with front yard setback. The structure is a nonconforming structure because it does not comply with the front yard setback requirements of the zoning regulations applicable to the district in which the structure is located; provided that the proposed enlargement or extension: (i) is no closer to a public street or private road right-of-way than the existing nonconforming structure; (ii) is a minimum of twenty-five (25) feet from the right-of-way; and (iii) the applicable rear and side yard setback requirements are complied with, unless they can be reduced pursuant to section 4.11 of this chapter. Section 10.4 Area and Bulk Regulations Yards, minimum: Front (existing public roads) 75 feet Front (internal public or private road) 25 feet Side 25 feet Rear 35 feet Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance." You are hereby ordered to cease and desist from using this addition immediately. Your failure to comply with this order may result in legal action being taken against you. You are hereby ordered to inform this office if you intend to remove, relocate or apply for a variance for this addition by April 23, 2001. The next deadline for filing for a variance is May 7, 2001. ' Page 3 V-2001-067 April 11, 2001 If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of$95. The date notice of this determination was given is specified above. If you have any questions, please contact John Jones at 804-296-5832. • Amelia G. McCulley Zoning Administrator County of Albemarle, Virginia Cc: Reading File v-2001-067 v-2001-067 Wheeler,doc OF AL6t,. ,4 �r"'Lr9;A COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 FAX(804) 972-4126 TELEPHONE(804)296-5832 TTD(804) 972-4012 April 11,2001 Gordon L.Wheeler 1147 Rose Hill Drive Charlottesville,VA 22901 Re: Building Permit Application#01-429 AC Addition to the Keswick Post Office Buildmg Tax Map 08000-00-00-11300 Dear Mr.Wheeler: Based on the information submitted with the referenced building permit application,a permit to allow construction of the addition to the Keswick Post Office cannot be approved and issued. The site sketch indicates that the addition will violate the required building setback along Keswick Road(Rt. 731). Section 6.3.A.3 of the Albemarle County Zoning Ordinance does not allow this non-conforming structure to be expanded closer to the right-of-way of Keswick Road. There are typically three options by which the applicant may address such issues: 1. Void the pern it application and abandon the proposed project. 2. Rearrange the addition to conform to all building setback requirements. 3. Seek a zoning variance to allow construction to proceed as proposed. The first option only requires a verbal request from the applicant to void the permit application. The second option involves the submittal of a redesign by the applicant. The third option is more complex,and requires a zoning variance application,and subsequent hearing by the Board of Zoning Appeals. Please contact me for further assistance if you choose to pursue the third option. We will await your decision on which course of action you prefer. Sincerely, John Shepherd Manager of Zoning Administration cc: Postmaster Keswick Post Office Keswick,VA 22974 Building Permit Application File 2001-429 AC Reading File 80/113 Date • - // County of Albemarle ogox-co-ze-illz. Staff °fA` BUILDING PERMIT g `ifili',;'m Land Use Yes No •'ll it®_ Building Code and Zoning Services / PERMIT P : CK CAS #v�•►7- 401 McIntire Road Permit#��! '�O OTHER '' Charlottesville, VA 22902-4596 Project#f �� Tel. (804)296-5832 • Fax (804) 972-4126 I ` '`' �D "' t l � :1-Zip NAME O• NAME IX l /7 - V ADDRESS uj ADDRESS /j a CITY ? � D N CITY •Z 7/ reaaV F. PHONE PHONE State Reg. County Exempt \®� Type of Frame,`'. Type of Water Supply All A_ lin cr 71 �� ❑Masonry # El tr.00d 0 Steel 0 Public 0 Private .Well W NAM )l� "+ Typq,ef Heating/Mechanical Type of Sewage Disposal `,'/Oil 0 Gas 0 Elec. ❑HP 0 Public 0 Septic ' V ADDRESS 0 Fireplace 0 Wood Stov Z . g Q CITY ❑Other 0 Gas Loge/,4 _ , Class of Work: W PHONf ,� ❑NEW 0 ADDITION 0 ALTERATION 0 Other_ 2 v ft '-� Describ ork: ii eAc �k, .e}a 51f. -i/ L/ -- /)O2üt ! ,f •(0V2 _ „71)/1387 No.o Stories Sq.ft. 1st Floor 2nd Floor Garage Fin.Basement Unfin.Basement Decks Porches PROPOSED USE SET BACKS 0 Crawl Space 0 Slab Engineering Front Zoning U� One Family Bedrooms Baths Back Value of Work Permit Fee c:::q, ' q .--eGarage 4 Carport 6k Kitchen R.Sd. ^ �� 1%Surcharge . J�- Other L.Sd. \� „ ,�1 �— Total .. f� "� Type of Use Floor Zoning �J Dist. CaylSchool Dist. J� Const. Group Live Load Tax Map/Parcel a -- ` W // 561Z cres Size or Bldg. No.of Max. l� (Total)Sq.Ft Stories Occ Load Lot Blk. Sec. Phase No.of No.of Accessory Fire Sprinklers Required Dwelling Units Structures ❑Yes ❑No Subdivision Zoning Pre-Construction Building Pre-Construction Fire Alarms Required Plans Reviewed By Zoning Approved for Issuance Building Approved for 0 Yes ❑No 0 Yes 0 No 0 Yes 0 No Issuance By SPECIAL APPROVALS REQUIREEC VED NOT REQUIRED Zoning Z O' NOTICE Health Dept. ---- SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. Engineering THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED Service Authority ` IS NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS Planning 4-------- SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER Highway Dept. WORK IS COMMENCED. . I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW PrelJFinal Zoning THE SAME TO BE TRUE AND CORRECT.ALL PROVISIONS OF LAWS AND ORDINANCES Recorded Plat GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED Site Plan /-"---^ HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR ARB .------ LOCAL REGULATI RUCTION OR THE PERFORMANCE OF CON TIO ' REAL ESTATE DEPT. APPRAISED VALUE , �� LAND $ E OF CONTRACTOR OR AUTHORIZE DATE BUILDINGS