The URL can be used to link to this page

Home My WebLink AboutAP202100002 Correspondence 2021-11-19�.i OF AL8 County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT �racrNi�"'_ November 19, 2021 Property Owner William A. Wells 1578 Polo Grounds Road Charlottesville VA 22911 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434- 29 6 - 5 S 32 WWW.ALBEMARLE.ORG Re: LOD202100010 (revised) 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 8, 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 8, 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). November 19, 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. 3. 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 5. 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. 7. Onsite inspection - with Mr. Wells and Mr. Sipe on October 28, 2021 to review non- conforming area. 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. albemarle. 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. November 19, 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.Ifyou have any further questions, please do not hesitate to contact me. Sincerely, Bart J. Svoboda Director of Zoning / Zoning Administrator CC: File LOD202100010 Maynard Sipe, Esq., 105N 15t Street Suite 202, Charlottesville VA 22902 November 19, 2021 LOD-2021-00010 Page 4 of 4 Area beina used for W.A. Wells Excavatina / Nonconformina Use T. • � 2 j' • l Nnn-Conforming Use Area w . I