HomeMy WebLinkAboutLOD200800013 Letter of Determination 2008-05-28oe atr�F2
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 28. 2008
Charlottesville Power Equipment
919 East Market Street
Charlottesville, VA 22902
Re: Determination of Use — Charlottesville Power Equipment (TM 61W -2-A-2,
Zoned C1, Commercial and EC, Entrance Corridor Overlay)
Dear Sir and/or Madam
This is in response to your request to use the above -referenced property for your
business. As I understand it, your business involves the sales and service of small
equipment including tractors and utility trailers. In consultation with the Planning
Director and in accordance with the provision in Section 22.2.1, it is my opinion that this
use is permitted on this property. Prior to beginning this use, you must submit a sketch
showing how you intend to use the property and you must obtain approval of a zoning
compliance clearance.
The ordinance language which provides for this determination is as follows
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-1 district subject to the requirements and
limitations of these regulations. The zoning administrator, after consultation with the director of
planning and other appropriate officials, may permit as a use by right, a use not specifically
permitted; provided that such use shall be similar to uses permitted by right in general character
and more specifically, similar in terms of locational requirements, operational characteristics,
visual impact and traffic generation.
This use is being permitted at this location for the following reasons:
It is consistent with the Comprehensive Plan.
The proposed use is similar in nature, locational requirements, operational
characteristics, visual impact and traffic generation to uses permitted in the C-1
district. The equipment involved in the Charlottesville Power use is commonly
found at hardware stores such as Lowe's and Tractor Supply. This use is no
more intensive than uses permitted by -right in C1 such as an automobile service
Charlottesville Power Equipment
May 28, 2008
Page 2
station, department store, drug store and furniture and home appliances (sales
and service). In fact, the items which are sold and serviced at Charlottesville
Power Equipment could be considered home appliances.
The proposed use is similar in nature, locational requirements, operational
characteristics, visual impact and traffic generation to the prior use of motor
vehicle sales and service. In fact, the proposed use is arguably less intensive
than the prior use. The prior use was a nonconforming use in that it predated
the Ordinance requirements for special use permit (for the use itself and for
outdoor sales and display in an Entrance Corridor).
This use (Charlottesville Power Equipment) is also permitted under the category of use,
"machinery and equipment sales, service and rental." This is the case although this use
category appears to have been primarily intended and used for large construction or
industrial equipment. This type of equipment includes cherry pickers, backhoes, boom
lifts, scissor lifts, motor graders, excavators, cranes, large generators and various types
of loaders. Typical examples of businesses in the "machinery and equipment" use
category are Carter Machinery Company, Central Virginia Rental and Sunbelt Rental.
A common rule of interpretation suggests that if a use is expressly allowed in one
district, it may not by interpretation, be permitted in a district in which it is not expressly
allowed. Because the language of Section 22.2.1 is so broad that it does not restrict
how a use may be permitted, the proposed use may be permitted on this property
although it is expressly allowed in Highway Commercial zoning (as machinery and
equipment sales, service and rental). In this particular case, the prior nonconforming
use of the property factored into this determination.
Please be advised that there is an approved site plan for the use and development of
this property (SDP 1994-049), Please review and be familiar with this plan approved by
the County. In the event your proposed use of the property is substantially different in
some respect (a different entrance, different parking areas, a building addition, etc.)
approval of a site plan amendment will be necessary.
Please also be aware that new and expanded outdoor sales, display and storage on an
Entrance Corridor (such as Route 29) requires approval of a special use permit. Once
you review the site plan and submit a sketch showing how you intend to use the
property, we will be able to clearly determine if a site plan amendment or special use
permit is necessary. Please clearly identify / designate the areas for outdoor sales
display, storage, customer parking and service. Please contact Sherri Proctor, Senior
Permit Planner, to discuss any questions you might have.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.2-
2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Charlottesville Power Equipment
May 28, 2008
Page 3
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
Sincerely,
O
IN n j"au
Amelia G. McCulley, A.I.P..
Zoning Administrator
Cc: Sherri Proctor, Senior Permit Planner
Reading File & CV File
Ed Bain
Boyle & Bain
420 Park Street
Charlottesville, VA 22902