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Home My WebLink AboutAP202100001 Correspondence 2021-09-15From: Maynard Sipe <maynard@boydandsipe.com> Sent: Wednesday, September 15, 2021 10:44 AM To: Lisa Green Cc: Bart Svoboda; Marsha Alley Subject: Re: AP2021-001 Appeal VI02020-288 Attachments: Walton Trust Plat.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Lisa, My apologies for missing your calls. Thank you for sending the email below which is helpful in clarifying the status of the matter. I believe we are on the same page. You are correct that there was one trailer with its status in question, and the zoning permit remains outstanding. As to the trailer, I have followed up with my client and confirmed that there are 4 trailers registered (a red trailer, a dump trailer, and two boat trailers) and these were registered at the time of the inspection. All other trailers, including the one that you observed was unregistered, are utilized for farm use. The one trailer that a question remained about was not tagged with a farm use tag at the time of inspection tag. All of the My client is tagging it with a farm use trailers are in operable condition and thus could not be considered "junk." The delay in following through on providing materials to complete the zoning permit application is due to me and not my client. After the July 8 inspection, Ms. Boone noted three items needed to complete the permit: a plat; health department approval; and work cost. Attached is a plat showing the shed location and distance from the nearest property line. The work cost for the shed is $100.00. We have reached out the health department regarding the approval which naturally will take a bit more time. I can confirm again that we are withdrawing the appeal. We are confident that once the zoning permit is issued, the property will be in full compliance. - Maynard Maynard Sipe, Esq. Boyd & Sipe, PLC Box 237 Charlottesville, VA 22902 434-249-9134 From: Lisa Green <lgreen2@albemarle.org> Date: Tuesday, September 14, 2021 at 3:57 PM To: Maynard Sipe <maynard@boydandsipe.com>, Bart Svoboda <bsvoboda@albemarle.org> Cc: Marsha Alley <malley3@albemarle.org> Subject: RE: AP2021-001 Appeal VI02020-288 Maynard, I have called and left you a couple of messages trying to get this resolved. I have not gotten a return phone call from either you or your client. Base on my recollection from the July 8th visit there was still one trailer that needed registration and a permit for the shed was to be obtained and inspections completed. It was my understanding that you were going to get the unregistered trailer, registered, and contact us when done. To date, that has not been done. I also recollected a zoning permit application would be made withing the following 2 weeks of that visit. To date, that is still not complete. We did not agree that the junkyard violation was abated with a trailer that still needed a resolution. We do agree that the shed is still in violation since no permit application has been obtained. Therefore, the violation is not abated. We will be conducting an onsite on Wednesday morning at 11 am to meet the deadline to advertisement for the appeal. You can call me if you would like to discuss further - 434-296-5832 x3013. Lisa Green, CZA Manager of Code Compliance County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902-4596 ph (434) 296-5832 ext. 3013 lgreen2@albemarle.org From: Maynard Sipe <maynard@boydandsipe.com> Sent: Friday, September 10, 2021 6:16 AM To: Bart Svoboda <bsvoboda@albemarle.org>; Lisa Green <lgreen2@albemarle.org> Cc: Marsha Alley <malley3@albemarle.org> Subject: Re: AP2021-001 Appeal VI02020-288 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Bart, I re -read your email below and note you mentioned inspecting the property again today. We held an on -site inspection on July 8th with Ms. Boone and Ms. Green in attendance and it was agreed that the first alleged zoning violation (alleged accumulation of junk constitutes a junkyard) was resolved at that time, and only the second violation alleged regarding completion of the zoning permit application for the accessory structure (a single tool shed) remained. The remaining details needed for the zoning permit were noted in an email from Ms. Boone to me dated July 8th 12:43 p.m. I do not believe an additional site inspection is needed. As for the zoning permit, we have agreed to complete the permit and provide a plat showing the shed's setback from property lines. Some research effort was needed to locate a plat for the property which I have done, and I had hoped to submit it this week but will now need until the first of next week to submit (I had to be out of town today on short notice). Submitting the materials to complete the zoning permit will be a priority for me when I return on Monday. Provided Ms. Boone or Ms. Green confirms for you the first alleged violation is abated, there is no need to proceed with the zoning appeal and I ask that the appeal application be withdrawn. Please feel free to call me if it is helpful. I may at times today be in an area without cell coverage, but will do my best to answer or return a call. - Maynard Maynard Sipe, Esq. Boyd & Sipe, PLC Box 237 Charlottesville, VA 22902 434-249-9134 From: Maynard Sipe <maynard@boydandsipe.com> Date: Wednesday, September 8, 2021 at 10:07 AM To: Bart Svoboda <bsvoboda@albemarle.org> Subject: Re: AP2021-001 Appeal VI02020-288 Bart, The remaining issue is the zoning permit to confirm the setback for the shed (the shed meets the setback). I expect to be filing additional information this week and will likely withdraw the appeal. - Maynard Maynard Sipe, Esq. Boyd & Sipe, PLC Box 237 Charlottesville, VA 22902 434-249-9134 From: Bart Svoboda <bsvoboda@albemarle.org> Date: Wednesday, September 8, 2021 at 9:00 AM To: Maynard Sipe <maynard@boydandsipe.com> Cc: Lisa Green <lgreen2@albemarle.org>, Marsha Alley <malley3@albemarle.org>, Keith Bradshaw <kbradshaw@albemarle.org> Subject: RE: AP2021-001 Appeal VI02020-288 Mr. Sipe, Hope all is well. We are rapidly approaching the deadline for this appeal and staff will be inspecting the property on Friday September 10, 2021. If the property is not compliant, the appeal process will move forward. Thanks. Bart This e-mail is not intended to be and shall not be deemed to be an official order, requirement, decision or determination made by or on behalf of the Zoning Administrator. Bart ]. Svoboda Director of Zoning Albemarle County bsvoboda@albemarle.org office: (434)296-5832 ext.3225 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Marsha Alley <malley3@albemarle.org> Sent: Wednesday, September 1, 2021 10:43 AM To: Maynard Sipe <maynard@boydandsipe.com> Cc: Bart Svoboda <bsvoboda@albemarle.org>; Lisa Green <lgreen2@albemarle.org> Subject: RE: AP2021-001 Appeal VI02020-288 Good morning! At this time, it appears that the matter has not yet been resolved. Therefore, preparation is being made for the October 5, 2021 BZA meeting. Please note that the fee below remains outstanding beyond the listed date/time. Original request: The following fee for the project should be paid as soon as possible but no later than Wednesday, July 14, 2021 by 4 pm: * $448.00 - Public Notice fee Please submit the payment no later than Friday, September 10, 2021 by 4 pm using one of the methods below. If you would like to withdraw this application, please do so in writing. Payment Options: The preferred payment option is via the online payment site HERE. Please follow the directions to email your receipt of payment to CDDSubmittal@albemarle.org so the payment can be processed promptly. * However, if you pay by check, please make the check payable to the County of Albemarle and include the following reference in the memo section of your check: Project Number AP2021-001 Appeal VI02020-288 * Lobby hours are currently limited to Monday, Wednesday, and Friday from 8:30 am until 4 pm. ADDITIONAL FEES MAY BE REQUIRED: A fee for re -advertisement and notification of public hearing after advertisement of a public hearing and deferral is made at the applicant's request Thank you. Have a nice day! Marsha Alley Community Development Assistant II - Zoning Albemarle County malley3@albemarle.org (434) 296-5832 ext. 3417 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Maynard Sipe <maynard@boydandsipe.com> Sent: Friday, July 23, 2021 2:52 PM To: Marsha Alley <malley3@albemarle.org> Cc: Bart Svoboda <bsvoboda@albemarle.org> Subject: Re: AP2021-001 Appeal VI02020-288 CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ms. Alley, On behalf of my client, I ask to defer the BZA hearing date one month as I have been working with staff and believe we are close to resolving the matter so as no appeal hearing will be necessary. Thanks, Maynard Maynard Sipe, Esq. Boyd & Sipe, PLC Box 237 Charlottesville, VA 22902 434-249-9134 From: Marsha Alley <malley3@albemarle.org> Date: Wednesday, July 21, 2021 at 4:07 PM To: Maynard Sipe <maynard@boydandsipe.com> Subject: RE: AP2021-001 Appeal VI02020-288 Good afternoon! It appears that the fee below remains outstanding after the listed date/time. The following fee for the project should be paid as soon as possible but no later than Wednesday, July 14, 2021 by 4 pm: * $448.00 - Public Notice fee Please submit your payment ASAP as noted in the email chain below. If you would like to withdraw this application, please do so in writing. Thank you. Have a nice evening! Marsha Alley Community Development Assistant II - Zoning Albemarle County malley3@albemarle.org (434) 296-5832 ext. 3417 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Marsha Alley Sent: Wednesday, July 7, 2021 12:15 PM To: MAYNARD@BOYDANDSIPE.COM Subject: AP2021-001 Appeal VI02020-288 Good afternoon! Please note that the above referenced request is scheduled for the September 7, 2021 BZA meeting. The following fee for the project should be paid as soon as possible but no later than Wednesday, July 14, 2021 by 4 pm: * $448.00 - Public Notice fee Payment Options: The preferred payment option is via the online payment site HERE. Please follow the directions to email your receipt of payment to CDDSubmittal@albemarle.org so the payment can be processed promptly. * However, if you pay by check, please make the check payable to the County of Albemarle and include the following reference in the memo section of your check: Project Number AP2021-001 Appeal VI02020-288 * Lobby hours are currently limited to Monday, Wednesday, and Friday from 8:30 am until 4 pm. ADDITIONAL FEES MAY BE REQUIRED: A fee for re -advertisement and notification of public hearing after advertisement of a public hearing and deferral is made at the applicant's request If you have any questions, please do not hesitate to contact me at (434) 296-5832 ext. 3417 or malley3@albemarle.org . Have a nice day! Marsha Alley 'vIV\ I WE Shed rri%». 1 2.0 Frrom prOP`"{?� lire rqa. ^� IRit e� . eIVIi?r ttOr shed �_rnwn 1Tno_k .`` . � `C ��.C2Reryy � porn, .51611� aid � Iss 4\Ni�GI �- Ca a7P+�S�j�!�f`%ek loops 4—row\ e-% 3e-X Siicl� c I a a J a l� 5c1� This is a plat of 2-OJ+1100 acres of land situated in the viciniil of White Sall in Albemarle County, Virginia, sold by Thomas H. Eliton to Steward Elmer and Natalie Clerk Walton and is bounded as follows: Beginning in the center of the White Hall to Owensville Road opposite a stone thence along the Road N 56 1/2 W 186-3/100 £t. to a poin'F in center Road opposite an iron a corner to Charles G. Fitzhugh and thence with him S 19 1/2 W 548 ft. tc 'an iron in line of L. Brown tract thence with it S 8721 E 191 ft. to an iron corner to Steward Elmer Walton and etc, thence with him N 1912 E /J+6-5/10 ft. to the begixming_ Hugh F. Simms & Son, C. L. S. May 1954. VIRGINIA,