HomeMy WebLinkAboutLOD202100017 Letter of Determination 2021-12-20,S.{.OF AL8
$ County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
December 20, 2021
Lori Schweller
Williams Mullen
321 E Main St, Suite 400
Charlottesville, VA 22902
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
RE: LOD2021-00017 — FOR PARCEL ID 06100-00-00-01600 (the "Property") -A DETERMINATION OF
NONCONFORMING USE
Ms. Schweller,
On behalf of Univercity Circle LLC, you have requested an official determination that:
(1) the use of Parcel ID 06100-00-00-01600 (the "Property") by Driller's Service was legally nonconforming;
(2) certain uses permitted by right in the Highway Commercial zoning district (under Albemarle County Code §
18-24.2.1) and listed on pages 4-5 of your letter (the "Proposed Uses") qualify as nonconforming uses that
may continue until the Property is redeveloped; and
(3) the Proposed Uses do not constitute an enlargement or extension of the prior nonconforming use.
This letter provides an official zoning determination in response to the above requests. All of the Section
references in this letter are to Chapter 18 of the Albemarle County Code (the "Zoning Ordinance").
NONCONFORMING USE
The Property is zoned R-10 Residential and is subject to Section 17 of the Zoning Ordinance. Section 17.2
lists the various permitted uses for the R-10 district. To be legally nonconforming, an unlisted use must be
determined to (a) have been established before December 10, 1980 (the effective date of Section 17) and (b)
have not been discontinued for more than two (2) years.
Continuinq Uses (Question 1)
In making this determination, one must first classify Driller's Service actual use(s) under the Zoning Ordinance.
Your correspondence provided the following description of the use(s) of the Property:
"Driller's Service sells products used in water well, irrigation, and wastewater infrastructure installation,
repair, and maintenance. Products sold include well pumps, motors and controls, pipes and tanks,
tools, and equipment. During the operation of its business on the Property, Driller's Service stored large
tanks, large stacks of pipes, and various trucks and equipment outdoors on the Property. Large trucks
accessed the Property regularly to make deliveries to the business and take materials and equipment
to customers' locations. The 2,970 square foot building, constructed in 1967, was used for an office,
storage, and a shop."
December 20, 2021
LOD-2021-00017
Page 2 of 4
The Driller's Service website also provides the following description:
"At DSI, we service the water well, industrial, wastewater, and environmental sectors by distributing
best -in -class products at competitive prices. However, it's our "Commitment to Excellence" that truly
sets us apart. Our customer support provides an added value that is unmatched in our industry.
With 19 conveniently located branches throughout the southeast region of the United States, you can
count on DSI to have the supplies you need on our shelves and ready for you to pick up. Prefer
delivery? No problem! Our drivers are ready to deliver your products directly to your job site.
We invite you to discover why DSI has been the water industry's distributor of choice since 1954."
Your letter suggests that the Driller's Service use(s) qualify as:
(a) machinery and equipment sales, service, and rental;
(b) storage yard; and/or
(c) storage / warehousing / distribution / transportation.
Though Albemarle County Code § 18-24.2.1 lists all three as permitted uses in the Highway Commercial
zoning district (not the subject R-10 Residential zoning district), the term "machinery and equipment sales,
service, and rental" is not defined.
Section 3 of the Zoning Ordinance does define "Storage yard" as:
an area used for parking, storing and/or maintaining equipment, vehicles and materials used off -site in
the trade, business or other commercial or industrial activity of the owner or occupant, and which may
include storing and maintaining equipment, vehicles and materials within buildings or structures; but
which use does not include parking, storing and/or maintaining heavy equipment and heavy vehicles,
storing explosives, including blasting caps, storing nuclear products, by-products or wastes, or storing
kerosene or other volatile materials except that which is reasonably necessary to maintain equipment
and vehicles.
Under the descriptions provided, it is determined that Driller's Service use is a combination of the "Machinery
and equipment sales, service and rental" use and the "Storage yard" use(s) (collectively, the "Continuing
Uses") within the above definition. However, based on the information provided, the Driller's Service use is not
determined to be "storage/warehousing/distribution/transportation."
Proposed Uses (Questions 2 and 3)
In making this determination, one must next consider whether the Proposed Uses may be considered legally
nonconforming on the premise that they "do not constitute an enlargement or extension of the prior
nonconforming use."
Zoning Ordinance Section 6.2(B) applies only to enlargements or extensions "of the use existing on the
effective date of the zoning regulations," not arguably similar uses. Only historic and actual uses may be
considered legally nonconforming. Because no evidence was provided that the Proposed Uses have been or
are being conducted on the Property, the Proposed Uses cannot be considered legally nonconforming.
December 20, 2021
LOD-2021-00017
Page 3 of 4
USE OF A STRUCTURE FOR A NONCONFORMING USE
Section 6.2C deals with the enlargement, extension, reconstruction, or alteration of a structure used in whole
or in part for a nonconforming use. As noted above, the "storage yard" use is determined to be a
nonconforming use. The ordinance then states, 'A structure that is used, in whole or in part, for a
nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the
following circumstances.... " The use of the structure, noted in your correspondence, for the nonconforming use
may continue only in its current size.
CONCLUSION
Because the Continuing Uses are not permitted primary uses either by -right or special use permit in the R-10
Residential district, probative evidence must be provided to establish the use as existing before December 10,
1980. The affidavit provided (attached), the aerial photography provided (attached), and the County
assessment records (attached) provide enough probative evidence to determine that the "Machinery and
equipment sales, service and rental" and "Storage yard" use(s) of the Property (a) were established before
December 10, 1980, and (b) have not been discontinued for more than two (2) years. Therefore, though the R-
10 zoning district does not permit those Continuing Uses as primary uses, it is my determination that these
uses are legally nonconforming on the Property and may continue until the Property is redeveloped with a use
permitted in Sections 17.2.1 or 17.2.2 or is rezoned. For clarification, the Continuing Uses, not the business
entity (in this case, Driller's Service), are determined to be nonconforming. Other business entities may
conduct the Continuing Uses with an approved Zoning Clearance if the nonconforming use is not discontinued
for more than two (2) years.
Based on the information provided, it is also determined that the Proposed Uses listed on pages 4 and 5 of
your correspondence have not been and are not being conducted on the Property. Thus, they cannot be
considered legally nonconforming under Section 6.2(B).
The Continuing Uses must comply with the nonconforming provisions of Section 6, including the limitations to
the enlargement or expansion of the use in terms of the Property area and the structure being used. Attached
is a map showing the area currently used for the storage yard.
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 shall 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 Albemarle County Code 18-34.3, along with a fee of $295.36. This fee
includes the $284 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of
$448 is required for the cost of providing notice and advertising the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Community
Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
HERE. 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 filing an appeal to the Board of Zoning
Appeals are in Chapter 18, Section 34.3 of the Zoning Ordinance and may be reviewed HERE.
Please note that our online documents are in PDF format and must be viewed with a PDF reader. A link to
download a PDF reader of your choice is available at the bottom of the page HERE.
December 20, 2021
LOD-2021-00017
Page 4 of 4
If you have any questions, please contact me.
Sincerely
Francis H. MacCall
Chief of Zoning/Deputy Zoning Administrator
Attachments:
Affidavit dated September 2, 2021, from Jack Pennell
Albemarle County Real Estate Assessment records
Map of structure, area used for the storage yard use, and parking on TMP 61-16
Correspondence letter dated September 7, 2021
Section 3 Definitions
httos://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO ARTIGEPR
S3DE S3.1DE
Section 6 Nonconformities
httl)s://Iibrary.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO ARTIIBARE
S6NO
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF ALBEMARLE, to wit:
The undersigned, who is the authorized signatory of Driller's Service, LLC, a North
Carolina limited liability company authorized to do business in Virginia, formerly known as Driller's
Service, Incorporated, a North Carolina corporation (formerly authorized to do business in
Virginia) ("Driller's Service"), hereby swears or affirms the following:
1. Driller's Service operated its business at 2944 Hydraulic Road (Tax Map Parcel 61-
16, 1.28 acres) in the County of Albemarle, Virginia (the "Property") continuously from
_May 151, 1964 (date) until _April 20th , 2021.
2, Driller's Service's business included sales of products used in water well, irrigation,
and wastewater infrastructure installation, repair, and maintenance.
3. The Property was used for the outdoor storage and sales of septic tanks, pipes, and
heavy equipment. Eighteen-wheeler trucks delivered materials for sale to the Property
weekly, and our four flatbed delivery trucks parked on the property were used to deliver
products to customers. The building on the Property operated as the sales office.
Affiant: DRILLER'S SERVICE, LLC,
a North
lina limi liability company
By:
Name:
a L 0+*". G�
Title:
nJ
k/i%. ® /-
, the undersigned, a notary public in and for the jurisdiction aforesaid, do hereby certify
that',KGnnab(, in his/her capacity as- ;, o� 7An& of Driller's Service, LLC, on the
company's behalf, appeared before me on the day of 5',vfi� Sx� 2021,
and executed and acknowledged the foregoing instrument.
Given under my hand this day of Sel "iD 20_
Wotaky Public, ViFg Ria,QA 6aFge /no.•tk&1b1 kk
Notary Public/ID #: N13a% Fo q-7
My commission expires: JO-.,�a - S_
[OFFI1, Utt r�,
8/5/2021
Print
Parcel Information
Parcel W
Primary Prop. Address
Other Address(es)
Subdivision
Property Name
Description
Lot
Property Card(s)
Total Acres
Owner Information
06100-00-00-01600
2944 HYDRAULIC RD
N/A
N/A
Drillers Service
ACREAGE
01600
1
1.28
Owner UNIVERSITY CIRCLE LLC
Address 201 15TH ST NW #IA CHARLOTTESVILLE VA,
22903
Owner as of Jan 1st DRILLERS SERVICE INCORPORATED
Most Recent Assessment Information
Year
2021
Assessment Date
01/01/2021
Land Value
$491,200
Land Use Value
$0
Improvements Value
$45,108
Total Value
$536,308
Most Recent Sales History
Previous Owner DRILLERS SERVICE INCORPORATED
Owner
UNIVERSITY CIRCLE LLC
Sale Date
07/08/2021
Sale Price
$800,000
Deed Book/Page
5571/764
Other Tax Information as of Jan Ist
State Code
Tax Type
Parcel Level Use Code
Other Parcels...
Com For Business or Retailing
Reg. Taxable
Storage Warehouse
.on HYDRAULIC RD
hops://gisweb.albemarle.org/gpy_51/Identity.aspx?datatab=AJIParce]Details&id=O6100000001600&print=l 1/11
8/5/2021
Print
Improvements
Parcel ID
Primary Prop. Address
Card
Card Type
Infrastructure Improvements
Outbuilding Improvements
Primary Building Details
Comm. Section
Card Level Use Code
Year Built
Condition
Grade
Number of Stories
House Type
Finished Sq. Ft.
Full Parcel Details
Land Value Information
Market Value
Transfer History
06100-00-00-01600
2944 HYDRAULIC RD
IofI
Commercial
Chain Link Fence .......... Year Built: 1967
Parking Lot - Asphalt ..... 40,511 sq ft..... Year Built: 1967
IofI
Storage Warehouse
1967
Fair
Fair
1
Storage Warehouse
2,970
Click Here to View
Parcel H) 06100-00-00-01600
Primary Prop. Address 2944 HYDRAULIC RD
Land Type SO - Primary Site
Acre Type N/A
Acres 1.28
Land Value $491,200
Parcel ID 06100-00-00-01600
https://gisweb.albemarle.org/gpy_51/ldentity.aspx?datatab=AJIParce]Details&id=06100000001600&print=l 2/11
8/5/2021
Print
Jurisdictional Area Designation
Water & Sewer
Watershed
Ivy Creek
Water Supply Protection Area?
Yes
Development Area?
Yes
Other Rural Land?
No
Ag/Forest District
N/A
Conservation Easement?
No
Open Space Use Agreement?
No
Parcel Photos / Sketches / Scans
Parcel Photos
Parcel Sketches
Parcel Scans
Parcel Plat
Parcel ID 06100-00-00-01600
Primary Prop. Address 2944 HYDRAULIC RD
No records found
Official plats are stored at the Circuit Court Clerk's
Office
hfps://gisweb.albemarle.org/gpy_51/identity.aspx?datatab=AJIParce]Details&id=06100000001600&print=l 10/11
Map of structure, area used for the storage yard use, and parking on TMP 61-16
PARKING AREAS
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WILLIAMS MULLEN
Direct Dial: 434.951.5728
Ischweller@williamsmullen.com
September 7, 2021
VIA ELECTRONIC SUBMISSION
County of Albemarle Department of Community
Development
401 McIntire Road
Charlottesville, VA 22902
Re: Official Determination of Non -Conforming Use Request
2944 Hydraulic Road, Tax Map Parcel 06100-00-00-01600 (the "Property")
Dear Sir/Madam:
On behalf of University Circle, LLC, the owner of the Property (the "Owner"), I request a written
determination, pursuant to Albemarle County Zoning Ordinance Section 31.1(ax2), that confirms the
nonconforming uses for the Property. An Application for Official Letter of Determination accompanies
this letter.
Property Records
Land records indicate that the Property was used for a drilling sales and service operation beginning
in the 1960s. By deed dated July 28, 1966, recorded in the Clerk's Office of the Circuit Court of Albemarle
County in Deed Book 420, page 74, J. L. Hartman and Pauline H. Hartman conveyed the Property to Homer
J. Faw, Jr. and Jane R. Faw. The Property is shown as Parcel C, containing 1.28 acres, on a plat recorded
in Deed Book 365, page 409. The Faws conveyed the Property to Diversified Leasing Company, Inc. by
deed dated July 17, 1967, recorded in Deed Book 431, page 424. By deed of December 30, 1988, recorded
in Deed Book 1031, page 45, Diversified Leasing Company of North Carolina, Inc. transferred the Property
as well as all its right, title, and interest under a lease agreement (dated October 24, 1986) between itself
and Drillers Service, Inc., to Jack Faw, Jr., who assumed all of the grantor's obligations under the lease.
By deed of H. Jack Faw, Jr. and Elizabeth R. Paw, dated September 8, 1989, the Property was conveyed to
Robert H. Blodinger, Trustee, to sell the Property to Driller's Service as part of a like -kind exchange.
Driller's Service purchased the Property from Robert H. Blodinger, Trustee, by deed dated September 8,
1989, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1073, page
51. Copies of the cited deeds and plat are enclosed.
Improvements and Use
The property contains a small building (approximately 2,970 square feet). The tax records and
accompanying drawing of the structure, attached, indicate that it was constructed in 1967. Both the 1974
and 1980 aerial photographs from the University of Virginia image library
(geoportal.lib.virginia.edu/UVAImageDiscovery) show the existing structure situated near the
southwestern boundary of the property (see attached current Albemarle GIS map and current Google Maps
images for existing structure).
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977
williamsmullen.com I A Professional Corporation
September 7, 2021
Page 2
Until shortly before the Owner purchased it in July 2021, the Property was the location of a business
operated by Driller's Service, Incorporated, now Driller's Service, LLC ("Driller's Service"). Driller's
Service continues to operate in Louisa County, and its Director of Finance, Jack Pennell, provided the
enclosed affidavit, which affirms that it operated its business on the Property continuously from May 1,
1964 until April 20, 2021.
Driller's Service sells products used in water well, irrigation, and wastewater infrastructure
installation, repair, and maintenance. Products sold include well pumps, motors and controls, pipes and
tanks, tools and equipment. During the time of the operation of its business on the Property, Driller's
Service stored large tanks, large stacks of pipes, and various trucks and equipment outdoors on the Property.
Large trucks accessed the Property regularly to make deliveries to the business and take materials and
equipment to customers' locations. The 2,970 square foot building, constructed in 1967, was used for an
office, storage, and a shop (see the drawing attached to the tax card).
Legal Nonconforming Use Predating Current Zoning
The Property is currently zoned R-10 Residential. The use of the Property from May 1, 1964 (prior
to the adoption of the Zoning Ordinance in 1980) until April 20, 2021 was a use that would not be permitted
in the R-10 district. Pursuant to Section 6.2 of the Zoning Ordinance, the Owner desires to continue to use
the Property for legally nonconforming uses. Therefore, this request asks for confirmation that (1) the use
of the Property by Driller's Service was legally nonforming, (2) proposed uses qualify as nonconforming
uses that may continue until the Property is redeveloped, and (3) proposed uses do not constitute an
enlargement or extension of the prior nonconforming use.
Pursuant to the current Albemarle County Zoning Ordinance, the Driller's Service use was a
commercial or industrial use that could be classified as one or more of the following uses, which are
currently permitted by right in the Highway Commercial (HQ district, as well as in the Heavy Industrial
(HI) district (without the limitation on gross floor area for storage/warehousing/distribution/transportation):
- Machinery and equipment sales, service, and rental;
- Storage yard
- Storage / warehousing /distribution/transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of supervisors
For reference, section 3.1 provides definitions of the following uses:
Storage yard. "Storage yard" means an area used for parking, storing and/or maintaining equipment,
vehicles and materials used off -site in the trade, business or other commercial or industrial activity of the
owner or occupant, and which may include storing and maintaining equipment, vehicles and materials
within buildings or structures; but which use does not include parking, storing and/or maintaining heavy
equipment and heavy vehicles, storing explosives, including blasting caps, storing nuclear products, by-
products or wastes, or storing kerosene or other volatile materials except that which is reasonably necessary
to maintain equipment and vehicles.
September 7, 2021
Page 3
Storage/Warehousing/Distribution/Transportation. Storage/warehousing/distribution/transportation"
means an establishment used primarily for the safekeeping, selling or transferring of saleable goods or raw
materials to be incorporated into saleable goods including, but not limited to, storage facilities, call centers,
data processing facilities or transit; an establishment used as a privately owned and operated waste transfer
station; and towing services and the storage of vehicles in conjunction with that service."
Section 6.2 -- Nonconforming Uses
The following Section of the Zoning Ordinance pertains to the continuance of a nonconforming use. As
indicated by the responses to the subsections below, the Owner will not change, enlarge, or extend the area
of, the nonconforming use, nor will the proposed uses change the character of the use in such a way as to
enlarge or extend the nonconformity. Please provide a determination that, subject to the restrictions below,
some or all of the uses listed in the response to Section 6.2.13 would not change the character of the prior
nonconforming use based on the magnitude of the change in the size and scope of the use and the effects
these changes have upon the purposes of the Zoning Ordinance.
Sec. 6.2 - Nonconforming uses
A nonconforming use may continue, subject to the provisions, conditions and prohibitions set forth
herein.
A. Change, enlargement or extension of area used by a nonconforming use. The area
occupied or used by a nonconforming use shall not be:
1. Occupation or use of additional area. Changed, enlarged or extended to either
occupy or use an additional area of the same lot or structure other than that which existed on the
effective date of the zoning regulations applicable to the district in which the use is located; except
that: (i) a nonconforming use may be enlarged or extended throughout any part of a structure that
was arranged or designed for such nonconforming use on the effective date of the zoning
regulations applicable to the district in which the use is located, but only if the enlargement or
extension does not change the character of the nonconforming use; and (ii) a nonconforming
quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the
lot, or other abutting lots under identical ownership as the lot on which the nonconforming use
exists on the effective date of this chapter; or
Any proposed nonconforming use would occupy the same lot and same structure
located on the property.
2. Occupation or use of additional structure. Changed, enlarged or extended to
occupy a structure not used for the nonconforming use on the effective date of the zoning
regulations applicable to the district in which the use is located; or
There is only one structure on the Property, so this condition will be met.
3. Relocation to previously unoccupied or unused area. Moved, in whole or in part, to
any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the
effective date of the zoning regulations applicable to the district in which the use is located; or
September 7, 2021
Page 4
The entire parcel had been used for the previous nonconforming use.
4. Relocation to previously unoccupied or unused structure. Moved, in whole or in
part, to another structure unoccupied or unused by the nonconforming use on the effective date of
the zoning regulations applicable to the district in which the use is located.
There is only one structure on the Property.
B. Enlargement or extension of a nonconforming use. A nonconforming use shall not be
enlarged or extended such that the character of the use existing on the effective date of the zoning
regulations applicable to the district in which the use is located is changed. The zoning
administrator's determination of whether the character of a nonconforming use has changed shall
be based on the magnitude of the change in the size and scope of the use and the effects these
changes have upon the purposes of this chapter. In evaluating the change in the size and scope of
the use, an increase in the volume or intensity of the use and any alteration or variation in the use,
such as the provision of additional goods or services, shall be considered. A mere increase in the
volume, intensity or frequency of the use that is trivial, insubstantial or reasonably customary or
incidental, and that is not accompanied by an alteration or variation in the use, shall not be
deemed to be an enlargement or extension of the use.
Various uses permitted by right in the Highway Commercial District could be
maintained on the Property without requiring additional area, additional structures,
or the expansion of the existing structure. The Owner requests a determination that
certain or all of the following uses permitted by right in the HC district (numbering is
based on Section 24) would not change the size and scope of the previous use by
causing an increase in the volume or intensity of the use. These uses involve the
provision of goods or services other than tanks, pipes, and heavy equipment.
However, this alteration or variation of use is not an enlargement or extension of the
use since the change is for one that would not change the character of the area and
has no greater impact on the area than the prior storage yard or storage /
warehousing / distribution / transportation use.
1.Car washes.
2.Automobile, truck repair shops.
4.Building materials sales.
10.Feed and seed stores (reference 5.1.221.
12.Fire extinguisher and security products, sales and service.
17.Home and business services such as grounds care, cleaning, exterminators,
landscaping and other repair and maintenance services.
22.114achinery and equipment sales, service and rental.
25.1flotor vehicle sales, service and rental.
September 7, 2021
Page 5
28.Offices.
29.Office and business machines sales and service.
31.Retail nurseries and greenhouses.
32.Sale of major recreational equipment and vehicles.
33.Wayside stands - vegetables and agricultural produce (reference 5.1.19 .
34.Wholesale distribution.
36.Public uses (reference 5.1.12 .
37.Temporary construction headquarters and temporary construction storage yards
(reference 5.1.18 .
39.Heating oil sales and distribution (reference 5.1.20).
40.Temporary industrialized buildings (reference.
41.Uses permitted by right pursuant to subsection 22.2.1 of section 22.1,
commercial, C-1.
43.Farmers' market (reference 5.1.4i).
46.Storage yards.
49.Storage/Warehousing/Distribution/Transportation; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross
floor area of the establishment may exceed 4,000 square feet per site by special
exception approved by the board of supervisors.
C. Enlargement, extension, reconstruction or structural alteration of structure. A structure
that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended,
reconstructed or structurally altered, except in the following circumstances:
1. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole
purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary
facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities
are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is
limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the
new area is devoted only to the sanitary facilities.
2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary
repairs and maintenance, and the repair or replacement of nonbearing walls, fixtures, wiring or
plumbing, which is necessary to keep the structure in a usable condition.
September 7, 2021
Page 6
3. Repairs to correct unsafe condition in structure. Notwithstanding any other
provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the
structure or any part thereof that has been declared to be unsafe by a public safety official. The
repairs may include improvements to provide fire safety and handicapped access, as provided
in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these
improvements are not mandatory.
4. Repairs or reconstruction of structure. The repairs or reconstruction are performed
on a structure which is damaged as a result of factors beyond the control of the owner or occupant
thereof, provided that: (i) the repairs or reconstruction commence within one year, and are
completed within two years, from the date of the damage; and (ii) the structure is not enlarged or
extended as a result of the repair or reconstruction.
The Owner acknowledges the limitations to the expansion and modification of the
building.
Thank you for your consideration of this request. Please call me any time at 434-951-5728 if you
would like additional information.
Very truly yours,
Olt
Lori H. Schweller
Enclosures:
Application signed by Owner
TMP 61-16 Tax Card
TMP 61-16 Tax Map
Driller's Service Affidavit
Google Aerial
1974 Aerial
1980 Aerial
Deeds and plat of the Property
cc: University Circle LLC