HomeMy WebLinkAboutAP202100003 Correspondence 2021-11-24Albemarle County Community Development
401 McIntire Rd
Charlottesville, VA 22902
November 24, 2021
RE: APPEAL OF OFFICIAL DETERMINATION OF HOMESTAY OWNERSHIP ELIGH3ILITY (LOD2021-13)
I, Bradford Manning, am an aggrieved person by the Official Determination made regarding homestay ownership
eligibility; this is an appeal to the Official Determination identified as LOD2021-13 that was issued to Howe Whitman Jr.
on October 27, 2021. Mr. Whitman and I have similar ownership structures on our properties that are in the Rural Areas
zoning district of Albemarle County and are greater than five acres. We both applied to Albemarle County Community
Development to operate homestays on our respective properties.
Background:
In July 2021, I applied with Albemarle County Community Development to conduct a homestay (HS202100037) in my
private single-family residence located on Albemarle County tax parcel 04900-00-00-024AO (the "Property"); the
Property has a physical address of 5600 Turkey Sag Road. In September 2021, I received a phone call from the Albemarle
County Zoning Department notifying me of the denial of my application due to the ownership of the Property being a
limited liability company.
The Property is owned by 5600 Turkey Sag Road, LLC (the "LLC") which is wholly -owned by the 2012 PBM GRAT fbo
Bradford James Manning, a grantor retained annuity trust for the benefit of me, Bradford Manning. I am the sole manager
of the LLC. The LLC's address is the Property address.
Sec. 5.1.48 of the Albemarle County Zoning Ordinance regulates homestays in the County. My property is located within
the Rural Areas Zoning District and is greater than five acres, and therefore my property is subject to the parcel specific
regulations enumerated in Sec. 5.1.480)(2), which includes the owner occupancy requirement.
Sec. 5.1.480)(2)(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.
As aforementioned, the LLC's address registered with the Virginia State Corporation Commission is the Property address;
the LLC resides at the Property.
Sec. 3.1 of the Albemarle County Zoning Ordinance defines owner:
Owner. "Owner" means the owner or owners of the fee simple interest of real property.
The LLC is the owner of the fee simple interest of real property
Appeal:
LOD2021-13 makes the official determination that "in order to meet the requirements for a Homestay Zoning Clearance,
the [p]roperty must be held by a natural person residing on the [p]roperty, or a family trust whose beneficiary resides on
the [p]roperty." Albemarle County's definition of "Owner" is not exclusive to natural persons and there's nothing in the
County Code that suggests that a beneficial owner of such fee simple interest is not an Owner for County Code purposes.
The County's position discourages the use of limited liability companies to hold real estate, which provide privacy
protection and liability protection. Owning property through a limited liability company for these reasons is completely
legitimate and the County's homestay ordinance should not favor landowners who do not seek privacy and liability
protection over those who do. Ultimately, I take all actions for the Property and the trust for which I am the beneficiary
and I am residing on the Property —it should count for this purpose.
The Analysis section of LOD2021-13 further states that, "[b]ecause business entities (such as limited liability companies)
have no physical presence, they cannot reside on a property, and cannot qualify for a homestay use." The County Code
does not define "reside," and there is no reference in the County Code that suggests that to "reside" is an action that can
only be fulfilled by a natural person. The Cambridge Dictionary defines reside as "to live, have your home, or stay in a
place"' and some of Cambridge's examples of reside include:
• The answer resides in the calmness ofyour mind
• Ideas can come from anywhere, and talent resides everywhere
• The more accurate way to tell where language functions reside is to do a brain scan
These examples demonstrate that reside is an action that can be performed by things other than a natural person.
Given the definition of Owner in the County Code, and that "reside" is not defined as an action that is exclusive to a
natural person in the County Code, the owner occupancy requirement can be met by an owner other than a natural person.
In the case of my homestay application HS202100037, the LLC, of which I am the sole manager, is the owner of the
Property and the LLC's principal office address, the physical location of the principal executive offices, is the Property
address. Therefore the ownership structure of my property is permitted under the Albemarle County homestay regulations;
I request the Board of Zoning Appeals reconsider the Official Determination of Homestay Ownership Eligibility
(LOD2021-13).
Sincerely,
Bradford Manning
Manager, 5600 Turkey Sag Road LLC
Reside. httus://dictionary.cambrid¢e.orglus/dictionmv/english/reside. Retrieved November 2021