HomeMy WebLinkAboutAP200800002 Staff Report 2008-10-01STAFF PERSON: Amelia G. McCulley
PUBLIC HEARING: October 7, 2008
STAFF REPORT AP 2008 -002
APPLICANT /APPELLANT: Barracks Road Land Trust; Charles Hurt & Shirley
Fisher (owners / appellants)
The applicant appeals the Water Protection Ordinance (WPO) Program Authority's
determination in accordance with Section 34.3 of the Albemarle County Zoning
Ordinance. The WPO Program Authority is the same position as the County Engineer.
Because this appeal relates to a timeline specified in the Zoning Ordinance and the
Program Authority is an administrative officer of this regulation, this is an appeal to the
Board of Zoning Appeals. (See Attachment A for a memo to the Board from Andrew
Herrick, Senior Assistant County Attorney addressing this and other issues.)
Description of Property:
This property is known as Tax Map 60, Parcel 68. This (one tax map parcel) property
consists of a total of 21.815 acres in two pieces which are separated by parcel 68E.
The western portion is the larger of the two and is currently improved with a single
family house. The subject property is the portion of parcel 68 which is the eastern
portion of the property. This portion of the property (hereafter called "the property ") is
not built.
The subject property is partially wooded. There is an entrance off Rt. 654 Barracks
Road. There is a short road section leading from the entrance across the dam for an
existing silt basin.
Determination:
The appellant appeals the Program Authority's determination that: the placement of fill
or waste commenced over one year from July, 2008. This Program Authority decision
was made via email dated July 8m
The Board is advised that a separate determination of zoning violation (notice of
violation dated May 23rd) is not subject to this appeal. That was a determination that
due to the type of material (multiple loads of metal, wire, trash and other debris) on the
property that the use constitutes a junkyard. That zoning determination was not
appealed and is final and unappealable.
AP- 2008 -002 2 October 7, 2008
Relevant Zoning Ordinance Regulations:
(See Attachment B for the Supplemental Regulations and Attachment C which are the
relevant ordinance language to this appeal.)
Fill as defined by the Zoning Ordinance is soil or inert materials which come from
offsite. The Zoning Ordinance defines "fill area or waste area" as:
A location at which soil or inert materials is placed on a site other than the
site where the material was excavated or removed. The placement of soil
or inert materials as necessary to establish a permitted use on the parcel
or development from which it was excavated shall not be considered a fill
area or a waste area.
Because this fill activity involves an aggregate area greater than 10,000 square feet, the
additional regulations within Section 5.1.28b also apply. Within this section
{5.1.28(b)(5)} is the relevant requirement:
The placement of fill or waste shall be completed .within one (1) year of its
commencement, except for reclamation activities and any other activities
associated with the final stabilization of the area. The program authority
may extend the date of completion upon the written request of the
applicant, demonstrating that factors beyond the control of the applicant
prevented the completion within the one -year period. The program
authority may then extend the permit for a period of time that, in its sole
discretion, is determined adequate to complete the work.
In summary the relevant regulation to this appeal within Zoning Ordinance Section
5.1.28b5 is as follows: there is a one (1) year period for the completion of the
placement of fill or waste. In addition, the definition of fill or waste (area) does not
exclude fill for the installation of erosion control measures or other infrastructure.
Background of Appeal:
A brief history relevant to this appeal is as follows:
• Barracks Road Land Trust (the property owner) applied for an Erosion Control
Permit to conduct fill or waste activity on Tax Map Parcel 60 -68. (Because the
erosion control regulations have been incorporated into the County's Water
Protection Ordinance (WPO chapter 17 of the County Code), the relevant
application /permit is a WPO permit. The bond was posted in December 2006.
The permit (WPO 2006 -0072) was issued effective April 10, 2007.
• On or about June 23, 2008, the owner's engineer submitted a revised plan
seeking an extension of time to allow additional fill or waste activity.
• On or about July 8, 2008, the Program Authority denied the revised plan, citing
the expiration of the one -year time period.
• The Zoning Administrator sent the owner a letter on July 16th with the appeal
language and informing them this is an appeal to the Board of Zoning Appeals.
• On July 17th the owners filed a zoning appeal application.
AP- 2008 -002 3 October 7, 2008
Grounds for Program Authority's Decision:
This is a case in which the language of the Ordinance does not need interpretation
because the language is explicit. The appellants do not dispute the explicit language in
their appeal. This decision involves applying the facts of this case to the provisions of
the Ordinance.
The Program Authority decided that the placement of fill on the subject property
commenced over one year prior to July, 2008 (on or around July 2007). He further
decided that the (fill) permit would not be extended beyond the one year timeline.
The initial placement of fill on this property was for the installation of erosion control
measures, specifically for the construction of the dam for the silt basin. Absent any
specific Ordinance language which excludes erosion and sediment control fill, the
placement of this fill effectively "started the clock" for the one year timeline. The bond
was posted in December 2006 and the WPO permit was issued on April 10, 2007.
The appellant does not disagree or contend the fact that the placement of fill (for the
purposes of installation of erosion control measures) began on or before early July,
2007.
APPELLANT'S JUSTIFICATION FOR APPEAL: (See Attachment D for the Appeal
Application and Letter of Justification.)
The appellant's position can be distilled to an argument that the placement of fill relating
to the installation of erosion and sediment control measures does not effectively start
the one -year clock for the purposes of the timeline.
The appellant instead contends that the placement of fill began in the spring of 2008
when fill was placed on the fill in excess of the specifications for erosion control. Then
the fill was continued in late May 2008. This was when 800 loads of demolished
University parking garage was brought to the site.
The, appellant does not provide a basis for this position that is founded in the Ordinance
language.
STAFF RESPONSE:
While the appellant has an interesting position, it is not substantiated by the Ordinance
or by past practice. In this case, the Ordinance language is clear and unambiguous.
Therefore, we rely on the plain meaning of the words. The words themselves make no
exclusions or distinction as to the placement of fill for different purposes, including for
the installation of erosion control measures.
AP- 2008 -002 4 October 7, 2008
While we are not making an interpretation and therefore the intent of the Ordinance is
not necessary for the application of the regulation, it may be helpful to consider the
intent. The purpose or intent of a maximum time period for fill activity can be easily
deduced. A maximum time period limits the time during which a site is being disturbed
with grading activities. The impacts both onsite and offsite from grading activities would
naturally occur at the start of the activity, even if the purpose of that activity is the
installation of erosion control measures. If you were to ask the citizen who drives by or
lives near a fill site, they would not distinguish between fill activity for the construction of
a dam or fill activity for other purposes.
If you were to adopt the appellant's position, the actual timeline for the placement of fill
and the disturbance of a site could be much longer than one year. For example, the
placement of fill for erosion control purposes could be a year after the issuance of the
permit. That fill could take some time, even months to complete. Then what the
appellant would consider the placement of fill for the start of the timeline could begin
quite some time later well after the installation of erosion control measures. The total
time period for the disturbance of the site could be several years in that scenario. In
addition, the County would need to be able to document the commencement of the fill
other than for e &s measures to start the clock. As you can see, what the appellant is
suggesting can result in extensively long disturbance to the site which would be
problematic to document.
The language of the Ordinance clearly does not make exclusions for different purposes
for fill, such as for the installation of erosion control measures. We ask that the Board
supports staff in his decision.
AP- 2008 -002 5 October 7, 2008
Attachment A
Attachment B
Attachment C
Attachment D
APPEAL
LIST OF ATTACHMENTS
September 26th Memo from Andrew Herrick, Senior
Assistant County Attorney, to Board of Zoning Appeals
Section 5.1.28 of the Zoning Ordinance Supplemental
Regulations related to Borrow, Fill or Waste Areas
Section 3.0 Definitions for "fill Area or Waste Area"
Appeal Application and July 17th Letter of Appeal from
Charles W. Hurt
AP- 2008 -002
ATTACHMENT A
COUNTY OF ALBEMA12LE
OF AL8E1
� � /17GIr1P
MEMORANDUM
TO: Albemarle County Board of Zoning Appeals
FROM: Andrew H. Herrick, Senior Assistant County Attorney
DATE: September 26, 2008
RE: Barracks Road Land Trust; Appeal No. 2008- 002
On behalf of the County, the County Attorney's Office submits the following summary of
the issues associated with Barracks Road Land Trust's appeal of the determination by the County
Engineer on July 8, 2008.
1. Summary of Facts
Barracks Road Land Trust (the "Trust ") applied for an Erosion Control Permit to conduct
fill or waste activity on Tax Map Parcel 60 -68. Erosion Control Permit WPO- 2006 -00072 was
issued effective April 10, 2007.
Under the terms of Albemarle County Code § 18- 5.1.28(b)(5), the placement of fill or
waste must be completed within one (1) year of its commencement, except for reclamation
activities and any other activities associated with the final stabilization.
On or about June 23, 2008, the owner's engineer submitted a revised plan seeking,
among other things, an extension of time to allow additional fill or waste activity. The County
Engineer denied the revised plan, citing the expiration of the one -year time period allowed. The
Trust appeals from this decision.
1. Introduction
Virginia Code § 15.2--2309(l) enables the Board of Zoning Appeals (BZA) to "hear and
decide appeals from any order, requirement, decision or determination made by an administrative
officer in the administration or enforcement of [the zoning ordinance]. The decision on such
appeal shall be based on the board's judgment of whether the administrative officer was correct."
See Board of Zoning Appeals of James City County v. University Square Associates, 246 Va..290
(1993).
In its Notice of Appeal dated July 17, 2008, the Trust essentially disputes when the
placement of fill or waste commenced, for purposes of the one -year time limit of Albemarle
County Code § 18- 5.1.28(b)(5). The Trust contends that because all fill brought to the site prior
to late May 2008 was related to the construction of erosion or sediment control measures, WPO-
2006 -00072 should not expire until one year from the commencement of its other fill placement.
2. The time limit on placement of fill does not distinguish between types of off -site fill
or waste.
Albemarle County Code § 18- 5.1.28 governs all borrow, fill or waste areas in the County.
If the aggregate area of a borrow, fill or waste activity is greater than ten thousand (10,000)
square feet, subsection (b) requires the inclusion of additional requirements as part of any
erosion and sediment control permit issued pursuant to Albemarle County Code § 17 -207.
Among those additional requirements for borrow, fill or waste areas of greater than 10,000
square feet, Albemarle County Code § 18- 5.1.28(b)(5) requires:
"The placement of fill or waste shall be completed within one (1) year of its
commencement, except for reclamation activities and any other activities
associated with the final stabilization of the area. The program authority may
extend the date of completion upon the written request of the applicant,
demonstrating that factors beyond the control of the applicant prevented the
completion within the one -year period. The program authority may then extend
the permit for a period of time that, in its sole discretion, is determined adequate
to complete the work."
Albemarle County Code § 18 -3.1 in turn defines "Fill area or waste area" as: "A location
at which soil or inert materials is placed on a site other than the site where the material was
excavated or removed. The placement of soil or inert materials as necessary to establish a
permitted use on the parcel or development from which it was excavated shall not be considered
a fill area or a waste area."
This definition of "fill" requires only that the material come from "a site other than the
site where the material was excavated or removed." Notably, this definition does not distinguish
for what purpose off -site fill will be used. It does not exclude erosion or sediment control
measures. "The placement of soil or inert materials as necessary to establish a permitted use" is
excluded from the definition of fill only if "The placement of soil or inert materials ... [is] on
the parcel or development from which it was excavated." All off -site soil or inert material is
treated alike, regardless of what use it is to be put.
3. The County Engineer has discretion in granting any permit extensions.
Also noteworthy from the above requirements is the discretion of the program authority,
that is: the County Engineer. Note that under Albemarle County Code § 18- 5.1.28(b)(5), the
County Engineer may extend the date of completion, but the applicant must demonstrate factors
beyond its control. No such factors have been demonstrated, or even cited. Even with such
extenuating factors, any extension is for a period of time that, in the County Engineer's sole
discretion, is determined adequate to complete the work. Again, both the granting and timing of
a permit extension are at the County Engineer's discretion. The .applicant has not demonstrated
factors beyond its control to justify such an extension.
2
4. Conclusion
Albemarle County Code § 18- 5.1.28(b)(5) requires that the placement of fill or waste be
completed within one (1) year of its commencement. Despite the Trust's argument, the
ordinance does not distinguish between uses of off -site soil in its definition of "fill" subject to the
one -year time limit. With that one year now concluded, the Barracks Road Land Trust has failed
to state factors beyond its control that would justify an extension, in the County Engineer's
discretion. The County Engineer's decision should be affirmed.
Cc: Glenn Brooks, County Engineer
Amelia McCulley, Zoning Administrator
AP- 2008 -002
ATTACHMENT B
ALBEMARLE COUNTY CODE
5.1.27 TEMPORARY EVENTS SPONSORED BY LOCAL NONPROFIT ORGANIZATIONS
This provision is intended to regulate for purposes of public health, safety and welfare, major
events such as agricultural expositions, concerts, craft fairs, and similar activities which generally:
attract large•numbers of patrons; may be disruptive of the area; and occasion the need for planning
in regard to traffic .control, emergency vehicular access, health concerns and the like. The
provision is not intended to regulate such minor events as church bazaars, yard sales, bake sales,
car washes, picnics and the like which generally are not disruptive of the area and require only
minimal logistical planning; nor is it intended to permit permanent amusement facilities. Each
such event shall be sponsored by one or more not - for - profit organizations operating primarily in
the county and /or the city of Charlottesville.
No event shall extend for a period longer than that provided by the board of supervisors in the
conditions of the special use permit. A separate special use permit shall be required for each
event.
Special use permits may be issued by the board of supervisors pursuant to this section, upon
Ending:
a. That the public roads serving the site are adequate to accommodate the traffic which would be
expected to be generated by such event;
b. That the character of such use will be in harmony with the public health, safety and welfare,
and uses permitted by right in the district and will not be of substantial detriment to adjacent
property in terms of smoke, dust, noise, hours of operation, artificial lighting or other specific
identifiable conditions which may be deleterious to the existing uses of such property.
Except as the board of supervisors may expressly add or delete conditions in a particular case,
each such permit shall be subject to the following conditions:
a. A preliminary plan showing access, parking, vehicular and pedestrian circulation, and method
of separation of the same shall be approved by the director of planning;
b. Such organization shall have made adequate arrangements with the county sheriff, fire and
rescue squads, and the local office of the Virginia Department of Health for the conduct of
such event;
c. Adequate arrangements have been made for the removal of trash and debris, reseeding and
general restoration of the site following the event. The board of supervisors may establish
and require the posting of a bond in an amount deemed by the zoning administrator to be
sufficient for such purpose. (Added 7 -7 -82)
Sec. 5.1.28 Borrow, fill or waste areas
a. Each borrow, fill or waste area shall be subject to the following:
1. Each active borrow, fill or waste area shall be shaped and sloped so that no undrained pockets
or stagnant pools of water are created to the maximum extent reasonably practicable as
determined by the program authority. All undrained pockets and stagnant pools of water
resulting from drainage shall be treated as required by the Virginia Department of Health to
eliminate breeding places for mosquitoes and other insects. (Amended 10 -3 -01; 7 -3 -02)
2. No fill or waste area shall be located either within the flood hazard overlay district, except as
authorized by section 30.3 of this chapter, or in any stream buffer area as defined by Chapter
17 of the Code of Albemarle. (Amended 10 -3 -01; 7 -3 -02)
3. Each fill or waste area shall be only for the disposal of soil or inert materials. The disposal of
any other materials in afill or waste area is prohibited. (Amended 10 -3 -01; 7 -3 -02)
18 -5 -14
Zoning Supplement #21, 7 -3 -02
ALBEMAR'.E COUNTP CODE
4. Each borrow, fill or waste area shall be reclaimed within seven (7) days of completion of the
borrow, fill or waste activity, or such later time authorized by the program authority for
reclamation activities of a seasonal nature. Reclamation shall include, but not be limited to,
restoring the area so that it approximates natural contours; shaping and sloping the area to
satisfy the requirements of subsection (a)(1); covering the area with clean fill to a minimum
depth of two (2) feet in order to allow for permanent stabilization and reclamation; and
establishing a permanent vegetative ground cover; provided that the program authority may
reduce the minimum depth of clean fill to one (1) foot if the area is unlikely to be
redeveloped. (Amended 7 -3 -02)
The zoning administrator, or the program authority for those borrow, fill or waste areas
subject to subsection (b), may require the owner to submit a reasonable performance bond
with surety, cash escrow, letter of credit, any combination thereof, or such other legal
arrangement acceptable to the county attorney, to ensure that measures could be taken by the
county or the program authority at the owner's expense should he fail, after notice is given to
perform required reclamation work specified in the notice. The amount of the bond or other
surety shall be based on unit pricing for new public or private sector construction in
Albemarle County, Virginia, and a reasonable allowance for estimated administrative costs
and inflation which shall not exceed twenty -five (25) percent of the estimated cost to initiate
and complete the reclamation of the borrow, fill or waste area, and to comply with all other
terms and conditions of the plan or narrative required by subsection (b). If reclamation work
is required to be taken by the county or the program authority upon the failure of the owner to
do so, the county or the program authority may collect the reasonable cost of the work directly
from the owner, to the extent that the cost exceeds the unexpended or unobligated amount of
the surety. Within sixty (60) days after the reclamation work is completed and inspected and
approved by the county engineer, the bond or other surety, or any unexpended or unobligated
portion thereof, shall be refunded to the owner. (Added 7 -6 -83; Amended 7- 3 -02))
b. If the aggregate area of a borrow, fill or waste activity will be greater than ten thousand (10,000)
square feet, then, as part of any permit issued pursuant to section 17 -207 of the Code of
Albemarle, the program authority shall first approve a plan or a narrative for such activity that
satisfies the requirements of subsection (a) and the following: (Amended 7 -3 -02)
1. All inert materials shall be transported in compliance with section 13 -301 of the Code of
Albemarle. Before a transporting vehicle leaves the parcel or parcels on which the borrow,
fill or waste area is located, it shall be cleaned so that no inert materials outside of the
vehicle's load -bed can be deposited on a public street. (Amended 7 -3 -02)
2. The borrow, fill or. waste area and the access roads thereto shall be treated or maintained to
prevent dust or debris from blowing or spreading onto adjacent properties or public streets.
Depending on the anticipated intensity and duration of the activity and the character of the
development of adjoining properties, the program authority may require setback, fencing and
landscaping requirements as deemed appropriate, but which shall not exceed the requirements
of sections 30.4.6, 30.4.7 and 30.4.9 of this chapter. (Amended 7 -3 -02)
3. Borrow, fill or waste activity involving industrial -type power equipment shall be limited to
the hours of 7:00 a.m. to 9:00 p.m., except in cases of a public emergency declared pursuant
to section 2 -1003 of the Code of Albemarle. (Amended 7 -3 -02)
4. Borrow, fill or waste activity shall be conducted in a safe manner that maintains lateral
support, in order to minimize any hazard to persons, physical damage to adjacent land and
improvements, and damage to any public street because of slides, sinking, or collapse.
(Amended 7 -3 -02)
5. The placement of fill or waste shall be completed within one (1) year of its commencement,
except for reclamation activities and any other activities associated with the final stabilization
18 -5 -15
Zoning Supplement #21, 7 -3 -02
ALBEMARLE COUNTY CODE
of the area. The program authority may extend the date of completion upon the written
request of the applicant, demonstrating that factors beyond the control of the applicant
prevented the completion within the one -year period. The program authority may then extend
the permit for a period of time that, in its sole discretion, is determined adequate to complete
the work. (Added 7 -3 -02)
6. In lieu of a plan or narrative, the program authority may accept a contractual agreement
between the Virginia Department of Transportation and its contractor for a public road
project; provided that the program authority determines that the agreement satisfies at least to
an equivalent extent the requirements and intent of this section. (Amended 10-3-01;7-3-02)
(§ 5.1.28, 12- 10 -80, 7 -6 -83; Ord. 01- 18(6), 10 -3 -01; Ord. 02- 18(5), 7 -3 -02)
5.1.29 CONVENT, MONASTERY
a. The ownership of the convent/monastery shall conform in all respects to the provisions of
Chapter 2 of Title 57 of the Code of Virginia, as the same may be amended from time to tine,
or any successor statute;
b. This provision is intended to accommodate the long term residency of nuns, monks or friars in
a communal setting as opposed to transient occupancy as may be experienced in. other
religious retreats; provided that nothing contained herein shall be deemed to preclude
temporary lodging of guests as an accessory use to the convent or monastery. (Added 1 -1 -87)
5.1.30 AGRICULTURAL MUSEUM
a. Items for display in such museum shall be directly related to past or present
agricultural/forestal uses in Albemarle County;
b. Activities may include: passive display; active demonstration including tours of processing
areas; and public participation in such agricultural activity;
c. Sale of display items and accessory items may be permitted only upon expressed approval by
the board of supervisors. (Added 12 -2- 87)
5.1.31 BODY SHOP
a. There shall be no storage of parts, materials or equipment except within an enclosed building.
b. No vehicle awaiting repair shall be located on any portion of such property so as to be visible
from any public road or any residential property, and shall be limited to locations designed on
the approved site plan.
c. Nothing herein shall be construed to limit the authority of the governing body in the review of
any special use permit, including, but not limited to, the regulation of hours of operation,
location of door and/or windows and the like. (Added 12 -7 -88)
5.1.32 TOWING AND TEMPORARY STORAGE OF MOTOR VEHICLES
a. This provision is intended to provide locations for the towing and/or temporary storage of
collision/disabled vehicles. No body or mechanical work, painting, maintenance, servicing,.
disassembling, salvage or crushing of vehicles shall be permitted; except that the commission
may authorize maintenance and servicing of rental vehicles in a particular case;
b. No vehicle shall be located on any portion of such property so as to be visible from any public
road or any residential property and shall be limited to locations designated on the approved
site plan. (Added 6 -6 -90)
18 -5 -16
Zoning Supplement #21, 7 -3 -02
AP- 2008 -002
ATTACHMENT C
ALBEMARLE COUNTY CODE
Farm Sales: The sale of agricultural or horticultural produce or merchandise produced on the
farm, with subordinate sales of produce or merchandise not produced on the premises.
Merchandise not produced on the premises shall be companion items intended to be used with (for
planting, caring for, displaying, combining with, canning, or preserving) the agricultural or
horticultural produce which is produced on the farm, but shall not include farm machinery and
equipment (except ]land tools), building materials, -furniture, or other like items. Examples:
Canning jars, pumpkin carving kits, wreath malting supplies, floral arranging supplies, potting
soil, pots, packaged fertilizer, mulch, peat moss, pruning shears, gardening gloves, Christmas tree
decorations. (Added 10- 11 -95)
Farm Winery: An establishment located on a farm with a producing vineyard, orchard or similar
growing area and with facilities for fermenting and bottling wine on the premises where the owner
or lessee manufactures wine from fresh fruits or other agricultural products predominantly grown
or produced on such farm or from fruits, fruit juices or other agricultural products grown or
produced elsewhere. (Added 12 -16- 81)
Farm7 worker housing Class A: The term "Farm worker housing, Class A" means: (i) structures
located on a farm that are designed and arranged to be occupied exclusively by up to ten (10)
persons employed to work on the farm on which the structures are located for seasonal agriculture
work or up to ten (10) persons including the farm workers and their- immediate families; (ii) the
number of such structures designed and arranged for sleeping does not exceed two (2); and (iii) no
single structure contains all of the following: provisions for sleeping, eating, food preparation, and
sanitation (bathing and /or toilets). (Added 12- 13 -06)
Faun worker housing, Class B: The term "Farm worker housing, Class B" means: (i) either
structures located on a farm that are designed and arranged to be occupied exclusively by more
than ten (10) persons employed to work on the farm on which the structures are located for
seasonal agriculture work or more than ten (10) persons including the farm workers and their
immediate families, or the number of such structures designed and arranged for sleeping is three
(3) or more, regardless of the number of farm workers or their family members who could sleep in
such structures; and (ii) no single structure contains all of the following: provisions for sleeping,
eating, food preparation, and sanitation (bathing and /or toilets). (Added 12- 13 -06)
Farmers' Market: An existing parking area used periodically by two (2) or more farmers only for
the seasonal sale of agricultural or horticultural produce or merchandise produced on their farms.
A farmers' market shall not include the sale of commercially manufactured products which the
farmers have not grown or produced on their farms. (Added 10- 11 -95)
Fast Food Restaurant: See Restaurant. (Amended 10-3-0 1)
Fill area or waste area: A location at which soil or inert materials is placed on a site other than
the site where the material was excavated or removed. The placement of soil or inert materials as
necessary to establish a permitted use on the parcel or development from which it was excavated
shall not be considered a fill area or a waste area. (Added 7 -3 -02)
Floor Area, Gross: The sum of the total horizontal areas of the several floors of all buildings on a
lot, measured from the interior faces of exterior walls. The term "gross floor area" shall include
basements; elevator shafts and stairwells at each story; floor space used for mechanical equipment
with structural head room of six (6) feet, six (6) inches or more; penthouses, attic space, whether
or not a floor has actually been laid, providing structural head room of six (6) feet, six (6) inches
or more; interior balconies; and mezzanines. The gross floor area of structures devoted to bulls
storage of materials, including, but not limited to grain elevators and petroleum storage tanks,
shall be computed by counting each ten (10) feet of height or fraction thereof, as being equal to
one (1) floor.
18 -3 -7
Zoning Supplement #41, 12 -13 -06
AP- 2008 -002
ATTACHMENT D
Application for
Appeal of Zoning Administrator's ]Determii•
r-
UAppeal of Zoning Administrator's Determination = $120
(To be refunded if the decision of the Zoning Administrator is overturned.)
Project Name: C n 14•!, yc-(4 A rrxx, G t,_.J 6S
Tax map and Parcel: �"��- '-//(-2 S ff�� Magisterial District: 3[1-6k c 4Zoning:
Physical Street Address (if assigned): V'C. — !t cA, A
Location of property if determinatttiion is made reegga`rding a property (landmarks, intersections, or other): Ac-J)�-O& <,
Contact Person (Who should we call /write concerning this r4 project ?): y C��
Address �� !C i ve P- Ic7rl/, , r- City Ck&4 - f0�k U>1UState V `Z Zip
Fax E -mail Daytime Phonel(L) q C' i rp
Owner of Record Lam), P`f`r, f �� ��' ��
Address ot r t (� L?`� �7� `j City l 'JiA -(`- t n4Q !�% 1 Yate �i` 1 ZipC Z9 7
CVaytirne Phone (_+ ` 1 ° I C D Fax # (_) E -mail
pplicant (Who is the Contact person representing?): 1 6S�& -k �` �� ✓
Address City State Zip
Daytime Phone (_)
Board of Zoning Appeals Action /vote:
Board of Zoning Appeals Chairman's signature:
Fax # (_)
E -mail
FOR OFFICE usE ONLY AI' # �L /OC1 SIGN # O(_J
Fee Amount $_ Date Paid ! I V By who? C6,6. L Receli't # _:��—Ck #_i/ / / By: �-J
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) .296 -5832 Fax: (434) 972 -4126
7 /1 /08 Page 1 o1*2
The following information shall be submitted with the application and is to be provided by the applicant:
I ) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
fot the situation that may justify the appeal.
5) Reference to the relevant Zoning ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
7) Explanation of error in determination and justification of applicant's position:
Owner /Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Signature of Owner, Contract Purchaser, Agent Date
Print Name Daytime phone number of Signatory
7/1/08 Page 2 of 2
Owner /Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Signature of Owner, Contract Purchaser, Agent Date
Print Name Daytime phone number of Signatory
7/1/08 Page 2 of 2
VIRGINIA LAND COMPANY
195 RIVERBEND DRIVE
CHARLOTTESVILLE, VA 22911
(P) (434) 979 -8181 (F) (434) 296 -3510
July 17, 2008
County Zoning Administrator
Amelia McCulley
County of Albemarle
401 McIntire Road, North Wing
Charlottesville, VA 22902 -4596
RE: Colthurst Waste Area, WP0200600065, T.M. 60 -68 —appeal of WPO decision
Dear Ms. McCulley,
We would like to appeal the decision made on July 8"' by Glenn Brooks via email to myself. We believe the
WP0200600065 to be still in effect since the commencement of the placement of waste on this site, not directly
pertaining to the erosion and control measures, did not occur until late May of this year.
The 800 loads of demolished University parking garage did not begin to come to the site until this year. We can see
no negative consequence that the fill placed on the site will have on the water supply. We have conscientiously
removed reinforcing rods nearly every day from the site.
Section 5.1.28 (b)(5) of the zoning ordinance states "the placement of fill or waste shall be completed within one (1)
year of its commencement ". Though the bond for the Colthurst Waste Area was posted on December 2006, and
control measures were installed that spring, the placement of fill or waste did not occur until 2008 that was not
directly related to the control measures specific to the waste area plan within the specifications outlined there in.
Though at one point the dain exceeded the specifications on the plan, this excess fill occurred in the spring of 2008.
All fill brought to the site prior to late May 2008 was related to the construction of the dam or other erosion and
sediment control measures, so we believe the deadline for the associated erosion and sediment control plan is May
15 2009, and thus we would like to appeal the County Engineer's determination that the plan has expired.
Please consider our appeal.
Sincerely,
a,4 �� j
Charles W. Hurt.
CC: Board of Zoning Appeals