HomeMy WebLinkAboutLOD202100015 Letter of Determination 2021-11-30County of Albemarle
COMMUNITY DEVELOPMENT
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November 30, 2021
Attila Woodward
1699 Colle Lane
Charlottesville, VA 22902
attila.woodward@gmail.com
LEA BRUMFIELD
Senior Planner 11, Zoning
I bru mfi a IdRal bema rle.ore
tel: 434-296-5832 ext. 3023
RE: OFFICIAL DETERMINATION OF HOMESTAY OWNERSHIP ELIGIBILITY - 1699 Col le Lane at TM 00920-00-00-
04500 ("the Property")
Mr. Woodward:
In response to your request for a determination regarding the ownership qualifications of the Property for a Homestay
Zoning Clearance, I have consulted with the Zoning Administrator and the County Attorney. It is my official determination
that in order to meet the requirements for a Homestay Zoning Clearance, the Property must be held by a natural person
residing on the Property, or a family trust whose beneficiary resides on the Property.
Background
On August 7, 2019, the Albemarle County Board of Supervisors adopted an ordinance regulating the use of homestays.
These regulations replaced the regulations for the two uses formerly known as "Accessory Tourist Lodging" and "Bed and
Breakfast' under the single use of"homestays." This use is defined as:
"Homestay. "Homestay" means an accessory residential use providing transient lodging and rooms for dining and meetings for use
by homestay guests provided that the dining and meeting rooms are subordinate to the homestay use. A homestay use may offer
no more than five guest rooms for lodging."
(County Code § 18-3.1)
County Code § 18-5.1.480) differentiates between (1) homestays located on either (a) parcels of less than five acres in the
Rural Areas Zoning District or (b) parcels of any size that allow residential use in the Residential Zoning Districts or Planned
Development Zoning Districts, and (2) homestays located on parcels of five acres or more in the Rural Areas district.
The Property at 1699 Colle Lane is located in the Rural Areas district on a 24.91-acre parcel. The regulations governing a
homestay use at the Property include the requirement of owner occupancy:
(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.
(County Code § 18-5.1.48 0)(2)(vi), emphasis added)
Homestay special exceptions are currently limited to the following waivers or modifications:
(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 ahomestay.
(iii.) The use of an accessory structure built after August 7, 2019.
(iv.) Resident Manager occupancy instead of owner occupancy as required by5.1.48(j)(1)(M.
(County Code § 18-5.1.48 (i)(1), emphasis added)
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Note that eligibility for the Resident Manager special exception is limited to parcels regulated by section 5.1.480)(1)(iv),
which applies to owner occupancy 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."
Therefore, parcels of five acres or more in the Rural Areas Zoning District are not eligible for this special exception.
The homestay regulations were originally adopted by the Board of Supervisors on August 7, 2019. At a Work Session on June
2, 2020, the Board discussed a possible ordinance amendment to allow large Rural Areas parcels to apply for the resident
manager special exception. The Board expressly declined to pursue such an amendment, citing concerns about business
entities running homestays across multiple parcels.
Analysis
Under County Code § 18-5.1.480)(2)(vi), the owners of parcels conducting a homestay use must reside on the subject
property. Because business entities (such as limited liability companies) have no physical presence, they cannot reside on a
property, and cannot qualify for a homestay use.
As your property at 1699 Colle Lane is a Rural Areas Zoning District parcel over five acres in size, it is not subject to County
Code § 18-5.1.48(j)(1)(iv), and therefore is not eligible for a special exception to permit a resident manager under County Code
§ 18-5.1.480)(1)(iv).
Atrust whose beneficiary is a natural person(s) may hold a property with a homestay use on it, as the trust is directly tied to
the natural person(s). The natural person(s) named as beneficiary of the trust must reside on the property, and it must be
their full-time residence.
Conclusion
The Homestay Zoning Clearance application submitted for the Property is Denied on the basis of ownership of the property
by W NG LLC.
Because the LLC itself (rather than the individual owners of that LLC) own the subject property, the LLC's individual owners
do not qualify as an "owner" for purposes of County Code § 18-5.1.48. It may, however, be held by a trust whose beneficiary
resides on the property.
You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code §
15.2-2311. This determination will be final and unappealable if not appealed within 30 days.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals,
in accordance with § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the
appeal for 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.a lbemarle.org/government/com mu n ity-development/apply-for/letter-of-determination-or-zon i ng-
compliance. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer
pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the
Zoning Ordinance. They may be reviewed online athttps://www.albemarle.org/government/community-
d eve l o p m e nt/advisory-boa rd s/board -of-zoning-appeals.
If you have any questions, please contact me.
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Sincerely,
Lea H. Brumfield
Senior Planner 11, Designee of the Zoning Administrator
Albemarle County
401 McIntire Road, Charlottesville, VA 22902
Brumfield@albemarle.org
Copy: Bart Svoboda, Zoning Administrator; Andy Herrick, Deputy County Attorney
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401 McIntire Road,Suite228 I Charlottesville, VA22902-4596