HomeMy WebLinkAboutAP200800001 Correspondence 2008-05-29COUNTY OF ALBEMARLE
MEMORANDUM
TO: Albemarle County Board of Zoning Appeals
FROM: Greg Kamptner, Deputy County Attorney
DATE: May 29, 2008
RE: Appeal 2008 -001, Baumgardner (Crown Automotive)
This memorandum pertains to the issue of whether Crown Automotive ( "Crown ") is required to obtain
approval of a site plan in order to engage in a motor vehicle sales and rental use on the property. Motor vehicle
sales and rental is a by right use in the Highway Commercial zoning district.
Crown states that a site plan "should not be required" for the use because it "has not yet developed the
parcel" and because "the current use of the parcel for motor vehicle sales is not `development' of the parcel."
Application for Appeal of Zoning Administrator's Determination ("Application'), § III. To support its position,
Crown argues that Albemarle County Code § 18 -32.1, which states the intent of the County's site plan
requirements, provides that the County's intent for requiring site plans is to assure that land is developed in an
orderly manner and to "encourage innovative and creative design and facilitate use of the most advantageous
techniques and highest standards in the development of land." Application, § III (emphasis added by Crown).
Crown's position on this appeal ignores the plain and unambiguous language in Albemarle County Code §
18- 32.2.1, which states when a site plan is required:
A site plan shall be required for any construction, use, change in use or other development in all
zoning districts; provided that no site plan shall be required for the following:
a. The construction or location of any single - family detached dwelling which is located
upon a lot whereon are located or proposed to be located an aggregate of two (2) or
fewer dwellings.
The construction or location of a two - family dwelling on any lot not occupied by any other
dwellings.
C. Any accessory structure to a single - family detached or two- family dwelling.
Any agricultural activity except as otherwise provided in section 5.0.
C. Any change in or expansion of a use provided that: (1) such change or expansion does not
occasion additional parking under the requirements of this chapter; (2) no
additional ingress /egress or alteration of existing ingress /egress is recommended by
the Virginia Department of Transportation based on intensification of use; (3) no
additional ingress /egress or alteration of existing ingress/ egress is proposed. (32.2.1, 1980)
(emphasis added)
By the plain language of Albemarle County Code § 18- 32.2.1, the only circumstances upon which one may
claim that it is not required to obtain an approved site plan in order to engage in a use are the five exceptions set
forth in subsections 18- 32.2.1(a) through (e). Since none of those exceptions apply in this case, and Crown does
not claim that any of them should apply, the determination of the Zoning Administrator should be affirmed.
Cc: Nicholaus G. Leverett, Esq.