HomeMy WebLinkAboutAP202100002 Application 2021-11-12 Albemarle
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t�s' Albemarle Cour?a 4{31tv1� CommunityDevelapme-ntDepartr�ent
'.7r, Road Chadottesysiie.VA22902-4595
�' -11Voice.(,434)2966-5832 Fax. i;434)972-4125
• _,q.. ; - Planning Application
PARCEL/ OWNER INFORMATION
TMP 04600-00-00-023A0 Owner(s): WELLS,WILLIAM A
Application# AP202100002
PROPERTY INFORMATION
Legal Description !ACREAGE
Magisterial Dist. Rivanna Land Use Primary Forest
Current AFD Not in A/F District Current Zoning Primary;Rural Areas
[APPLICATION INFORMATION
Street Address I-v Entered B.,
"_ .., Jennifer Smith '.Y
Application Type Appeal of Zoning Administrator's Determination v`'
,,...j 111;15;2021
Project W. A. WELLS
Received Date 11/12/21 Received Date Final j ] Submittal Date 12/07/21 Total Fees 295.36
Closing File Date I Submittal Date Final Total Paid 295.36
F.e;ision Number
Comments
Legal Ad
WITHDRAWN
Per Zoning Ordinance
!S� UB APPLICATION(s)
Type Sub Applicatio Comment
APPLICANT / CONTACT INFORMATION
Cont otT1.E'c 1 NaName Address j CityState I Zip I Phone " PhorteCell
dymerr r- :'HELLS,W1LLL.M A 1537 POLO GROUNDS RD CHARI OTTESVILL 2.2911. •
Appice't 'WILLIAM c WELLS 1537 POLO GROUNDS RD, CHARLOTTESVILL 22901 .4345311000
=ri+nary:=--tart MAYNARD SIPE,ESQ. 105 15T STREET NORTH SUITE CHARLOTTES.ILL 22902 4342499134
Signature of Contractor or Authorized Agent Date
FOR OFFICE USE ONLY AP # O7 SIGN # i
ZONING ORDINANCE SECTION:
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Fee Amount SD� Date Paid �V I By "" �11'� WTI V.Q,115 Receipt # ► T ck#J o'23i]_ By
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Application for
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Appeal of Zoning Administrator's Determination=ew��.a
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® Appeal of Zoning Administrator's Determination = $295.36
EI A 1303 H Application $284 + Technology surcharge $1136
❑ Initial notice fee to be provided in conjunction with an application,
for preparing and mailing notices and published notice = $448
FEES for re -advertisement and notification of public hearing
after advertisement of a public hearing and
a deferral is made at the applicant's request
➢ Preparing and mailing or delivering each notice after fifty (50)
$237
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.19 for each additional notice + actual cost of
first-class postage
➢ Published notice (published twice in the newspaper for each public
Actual cost based on a cost quote from the publisher
hearing)
(averages between $150 and $250
Contact Person (Who should we call/write concerning this project?): Maynard Sipe, Esq.
Address 105 1st Street North Suite 202
Daytime Phone (434) 249-9134 Fax # ( )
Owner of Record William A. Wells
Address 1537 Polo Grounds Road
Daytime Phone 4( 34) 531-1000 Fax # �)
City Charlottesville
State VA Zip 22902
E-mail maynard(Pboydandsipe.com
City Charlottesville
Applicant (Who is the Contact person representing?): William A. Wells
Address 1537 Polo Grounds Road
Daytime Phone 4( 34) 531-1000
Fax #(
E-mail
State VA Zip 22901
City Charlottesville State VA Zip 22901
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Appeal Application Revised 7/1/2021 Page I of 2
Project Name: W. A. Wells
Tax map and parcel: Map 46 - Parcels 23A, 23D, 23D1 & 23C1 Zoning: RA
Street Address (if
VA 22901
Location of property (landmarks, intersections, or other):
Polo Grounds Road East of Seminole Trail (Route 29)
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee node payable to the County of Albemarle.
Explanation of error in determination and justification of applicant's position:
William A. Wells appeals the determination letter issued by the Albemarle County Zoning
Administrator dated October 15, 2021 regarding a finding of a nonconforming use of a
contractors storage yard on four parcels owned by Mr. Wells. Specifically, the determination
letter fails to include all land areas on the four parcels on which the legally nonconforming use
has been, and continues to be, conducted. The entirety of Tax Map Parcel 46-23C1 should be
included within the area recognized as used for the nonconforming use.
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Signature of weer or or Cont&t Purchaser, Agent
Maynard Sipe, Esq., Attorney for William A. Wells
Print Name
12 November 2021
Date
434-249-9134
Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Appeal Application Revised 7/1/2021 Page 2 of 2
County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
October 15, 2021
Property Owner
William A. Wells
1578 Polo Grounds Road
Charlottesville VA 22911
Re: LOD202100010
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
1578 Polo Grounds Road, Charlottesville, VA 22911
(TMP 04600-00-00-023A0, 04600-00-00-023C1, 04600-00-00-023DO and
04600-00-00-023D1)
Nonconforming Use — Contractors Storage Yard - W.A. Wells Excavating
Dear Mr. Wells:
The purpose of this letter is to provide an official zoning determination regarding the
operation of W.A. Wells Excavating business as it relates to the current requirements of
the Albemarle County Zoning Ordinance. It is my determination that the W.A. Wells
Excavating business located on the above -referenced property is a legally nonconforming
use.
This decision was made after a review of County records, an onsite inspection and
consideration of the information provided to the zoning department. The facts of the
case were then applied to the regulations of the Zoning Ordinance.
A "nonconforming use" is defined within the Zoning Ordinance (section 3.0) as follows:
Nonconforming Use: The term "nonconforming use" means a lawful principal use
of the lot or a Class A, Class B, major or minor home occupation existing on the
effective date of the zoning regulations applicable to the district in which the use
is located, or a more restricted use, that does not comply with the applicable use
regulations of that zoning district. A nonconforming use may have accessory
uses, but an accessory use, other than a Class A, Class B, major or minor home
occupation, shall not be eligible to be a nonconforming use. A use that is
seasonal on the effective date of this chapter shall be eligible to be a
nonconforming use. A use that is casual, intermittent, or temporary on the
effective date of this chapter shall not be eligible to be a nonconforming use.
A lawful nonconforming business must be established before the adoption of zoning in
Albemarle County, or by December 1969 (per the definition of nonconforming use). It
may not be discontinued for more than two (2) years (per Section 6.2 g).
October 15, 2021
LOD-2021-00010
Page 2 of 4
The evidence that the business use of this property began before the adoption of zoning
in Albemarle County and has continued without abandonment is as follows:
1. Yellow Page Ad — 1956 Yellow Pages ad for Southern Materials Co. Inc.
2. Photographs — Historical aerial photographs from 1966, 1980, 1990 and 2020.
Affidavit from Ralph King Pace — This affidavit was signed September 9, 2021 and
stated that he remembers the business being at this location since the 1960's.
4. Affidavit from Sherri lachetta Owen — This affidavit was signed September 9, 2021
and stated that she remembers the business being at this location since the 1970's
Affidavit from Jimmie L. Reid — This affidavit was signed September 7, 2021 and
stated that he remembers the business being at this location prior to 2010.
6. Affidavit from Elizabeth Ann Oglesby Haugh — This affidavit was signed June 30,
2021 and stated that she remembers the business being at this location since 1964.
In addition, the use must comply with the Nonconforming provisions of (Section 6.0).
This includes limitations to the enlargement or expansion of the business in terms of the
area of the property and the structures being used. I have attached a map showing the
approximate area currently being used.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2-2311; provided,
however, that a ten (10) day appeal period applies to appeals of decisions pertaining
to temporary or seasonal commercial uses, and such appeals shall be filed within ten
(10) days after this decision. If you do not file a timely appeal, this determination shall
be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Albemarle
County Code § 18-34.3, along with a fee of $295.36. This fee includes the $284
application fee and the 4% Technology surcharge of $11.36. Additionally, a separate
fee of $448 is required for the cost of providing notice and advertising of the appeal for
a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at
the Department of Community Development located at 401 McIntire Road,
Charlottesville, Virginia 22902 or online at
https://www. albema rle.org/home/showpublisheddocument/216/637617797415170000.
This form applies to appeals of decisions of the zoning administrator or any other
administrative officer pertaining to the Zoning Ordinance.
October 15, 2021
LOD-2021-00010
Page 3 of 4
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
outlined in Albemarle County Code § 18-34.3, which may be reviewed online at
https://library.municode.com/va/abemarle county/codes/code of ordinances?nodeld=
CH18ZO ARTIVPRS34BOZOAP S34.3APORREDEDEBOZOAP.If you have any
further questions, please do not hesitate to contact me.
Sine' �J
Bart J. Svoboda
Director of Zoning / Zoning Administrator
CC: File LOD202100010
Maynard Sipe, Esq., 105N 1st Street Suite 202, Charlottesville VA 22902