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Home My WebLink AboutAP202200001 Application 2021-12-31Community DevelopmentDepartmerit Albemarle Cour 401, Road Charlottesville, WITa" tire VA22902-4596 'voice: (434� 296-6832 Fax (434) 972-4126 , Planning Application PARCEL OWNER 'ION TMPr--5i2OQ-O0-00-G=45G0 Owner(s): WNG LLC Application # F AP202200001 PROPERTY INFORMATION Legal Description I ACREAGE COLLE Magisterial Dist. Current AFD Scottsville Land Use Primary Commercial --------- Not in A/ F District v1 Current Zoning Primary Rural Areas I I ------ 2�3 JAPPLICATION INFORMATION Street Address 1 1682 COLLE LN CHARLOTTESVILLE, 22902 Entered By Application Type -- -- Appeal of Zoning Administrator's Determination :Jennifer Smith! -1/10�,2027 Project JWNG LLC - HOMESTAY Received Date Closing File Date F1-2/31/21 Received Date Final Submittal Date Submittal Date Final Total Fees 743.36 Total Paid 1 743.36 Revision Number Comments Legal Ad SUB APPLICATION(s) Tvoe Sub Appliratio Cornment APPLICANT / CON -TACT INFORMATION ContactType I Nan-e Address CityState Zip Phone I PhoiieCell� -NNG LLC 'ANG -LC&.-TT1L-A00D'AARD PHRV G-RL-'tJD .310 4TH ST NE SUITE 102 - I , 6 .. 8 CO 0 L . L , E - Lz . N . E . 310 ATH ST HE. SUITE !02 t CHARLOTTESVILL 22902 -C A ZRLOT I TE S 0 - L I L 1 2 . 2 - 9 . 0 - 2 .- CH . IRL . OTTESTL L 229 02 �4343266970 4 - I . 5 - 2 .. 9 , ? - 3 .. 8 ..... 9 6 .......... - 1 11 1 1 11 1 1 4343266970 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY AP SIGN #� ZONING ORDINANCE SECTION: Fee Amount $tI 43, *bate Paid tion for Receipt # Appeal of Zoning Administrator's Determination m Appeal of Zoning Administrator's Determination = $295.36 Application $284 + Technology surcharge $11.36 ® Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $448 FEES for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's request ➢ Preparing and mailing or delivering each notice after fifty (50) $237 $1.19 for each additional notice + actual cost of ➢ Preparing and mailing or delivering each notice after fifty (50) first-class postage ➢ Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher hearing)avers es between $150 and $250) Contact Person (Who should we call/write concerning this project?): Philip Garland Address 310 4th St NE, Suite 102 Daytime Phone 4( 34) 326-6970 Fax # C__) Owner of Record WNG LLC Address 310 4th St NE, Suite 102 Daytime Phone 4( 34) 326-6970 Fax # (__) City Charlottesville State VA Zip 22902 E-mail pogarland@gmail.com City Charlottesville State VA Zip 22902 E-mail pogarland@gmail.00m Applicant (Who is the Contact person representing?): WNG LLC & Attila Woodward Address 1682 Colle Lane Daytime Phone 4( 15) 297-3896 Fax # (_) City Charlottesville State VA Zip 22902 E-mail attila.woodward@gmail.com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Appeal Application Revised 7/1/2021 Page 1 of 2 Project Name: WNG LLC - Tax map and parcel: TMP 00920-00-00-04500 Zoning: Rural Areas Physical Street Address (if assigned): 1699 Colle Lane Charlottesville Virginia 22902 - Location of property (landmarks, intersections, or other): Intersection of Rt 53 and Milton Road The following information shall be submitted with the application and is to be provided by the applicant: l) 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 for 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. Explanation of error in determination and justification of applicant's position: The determination is in error because of an apparent factual error in the determination letter and a flawed analysis regarding the relationship between the title owner and the beneficial (direct natural person) owner. The factual background section of the Official Determination (see attached) refers to "The Property at 1202 Simmons Gap Road is located in the Rural Areas district on a 24.91-acre parcel" which is totally unrelated to the subject property and owner. The analysis is flawed for a number of reasons, but specifically the Official Determination concludes that a trust (a legal entity with natural person beneficial owners) qualifies as an "Owner" under the Code, but an LLC (a legal entity with natural person beneficial owners) does not. This is an arbitrary distinction without any substantive basis related to a natural person's ownership interest in the entity. For further explanation of our position, see the attached Request Letter to the Zoning Administrator. 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 Ow`ner or Contract Purchaser, Agent Philip Garland, Manager WNG LLC Print Name 12-27-2021 Date 434-326-6970 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Appeal Application Revised 7/1/2021 Page 2 of 2 i -77-31 92-4 92.1 3 92-2 6 15\ M tOH� 45 v �p 7� 9 N 14 8 10 ryG 92-2A 2B m \ 2D o a � oy �F 2E \\ — a . � \. 48 47 49 50A / 3 67 65A i53 _ 52 6 x °Z r 1-27 eq \66 65 _ 7C 17 l 1� 18 32 31 � 92-28 I � ��92-30 43 35C 35" Q SSGe,- 0 -i 2G 64E "' v`Di o 56J i.70 - �AA 56 D NOP MV,F P� 56 64B 56E 2-84G ti « 64 93-3 C 56G ww m� h 92-58 �o %4* 92-64F 61A 60 611 92-61 61H 61B 61E �cw�a=aFak. 61C 61F 92-59 104-8G 92-61 G 104-BH i 104-8E -� '104- I 6 103 104 Tax Map: iva 0 Boo Scale ,,fi00 2400 Albemarle County 092 � Fact 7 L _ Nate: This m kr display only ep al yIM19 so y Sea MWshoBoo ekes oboo for/Z019. Sae Map Book IntrotlucGon for atltli6onal details. Attila Woodward 1699 Colle Lane Charlottesville VA 22902 July 28, 2021 Mr. Bart Svoboda Director of Zoning 401 McIntire Road Charlottesville VA 22902 RE: Request for Letter of Determination — Homestay Zoning Clearance Parcel 09200-00-00-04500 Dear Director Svoboda, WNG, LLC is the record title holder of the above -referenced parcel, TM 92-45 (the "Property"). We are writing to request a Letter of Determination that WNG LLC on behalf of its beneficial owners is eligible to apply for a Homestay Zoning Clearance under County Ordinance Section 5.1.48. Specifically, we seek a letter of determination that beneficial owners of an LLC can satisfy the Ordinance's "residency" requirement so long as at least one of the owners resides on the Property and can provide proof of residency. The Property consists of approximately 207 acres, a main house, and several appurtenances including a couple houses, a cottage, and a historic country store. All structures on the Property were built prior to the 1980s. It is beneficially owned by five Woodward family siblings, but is titled in their family entity, WNG LLC. The Property has been in the Woodward family since the 1930s when the current generation's grandparents purchased it and built the main house and surrounding buildings. Upon their grandfather's death in the early 1990s, the Property went into a life estate for their father, who later surrendered his life estate to them, and they in turn transferred title to WNG LLC. They created the LLC to facilitate the management and preservation of the Property. The ownership structure also serves important estate planning and liability protection purposes. WNG LLC is not a "commercial entity" in the general sense, but rather the best way for the family members to hold ownership of a family property just as many other families do in Albemarle County. Woodward family members have consistently lived on the property since the 1930s and one or more of the siblings have lived on the property since the LLC was established. The owners treat the main house as a shared family house. Throughout their ownership, the family has been sensitive to the historic nature and location of the Property and have gone to lengths to preserve and protect it. Accordingly, they have no desire to convert it into a B&B or a long-term rental or use it as an event space. At the same time, it's important for the property to generate revenue to offset expenses, to maintain it as a family property, and to preserve the rural character of the Property and the surrounding area. Under County Ordinance Section 18-5.1.48, "The owner of the parcel on which a homestay is located, must reside on the subject parcel for a minimum of 180 days in a calendar year." In our case, the owners of the LLC and as such the beneficial owners of the Property reside on the Property year-round except when travelling on vacation. The relationship and residency of the title owner and beneficial owners is easy to identify and verify through an affidavit or other simple documentation, such as driver's licenses or voter registrations. Therefore, in situations like this where a beneficial owner of an LLC or another entity such as a trust resides on a parcel, there is no substantive reason for differentiating between a beneficial owner and a direct owner under the Homestay Zoning Ordinance. The Ordinance itself does not expressly draw such a distinction. Also, any distinction between types of entity owners (trusts v. LLCs) is unwarranted since ownership and residency can be established just as easily in each case. Furthermore, drawing a distinction between direct and beneficial owners does not appear to serve any purpose since in both cases a person who has an ownership interest in a subject parcel will be residing on the parcel. We have heard some people have concerns that a person could own multiple entities and thereby use multiple properties for short-term rentals and deplete the residential housing supply. Those concerns are unfounded because a natural person who is either a direct or beneficial owner can only reside in one place at a time and therefore only one parcel could qualify per owner for Homestay Zoning. Similarly other designed purposes for the Home Zoning Ordinance can be satisfied just as easily regardless of the ownership structure of a parcel. Therefore, since a Woodward family member resides on the Property as a beneficial owner of the family LLC, we request a determination that WNG LLC can satisfy the Homestay Zoning Ordinance's "residency" requirement and apply for zoning clearance assuming it meets all other requirements of the Ordinance. Respectfully, Attila Woodward Philip 0. Garland WNG LLC Owner WNG LLC Manager 'Cl OF ALe� Count of Albemarle COMMUNITY DEVELOPMENT L;BGINtir November 29, 2021 Attila Woodward 1699 Colle Lane Charlottesville, VA 22902 attiIa.woodward@gmail.com LEA BRUMFIELD Senior Planner II, Zoning Ibrumfield0albemarle ore tel: 434-296-5832 ext. 3023 RE: OFFICIAL DETERMINATION OF HOMESTAY OWNERSHIP ELIGIBILITY -1699 Colle Lane at TMP 00920-00-00- 04500 ("the Property") Mr. Woodward: In response to your request for a determination regardingthe ownership qualifications of the Property for a Homestay Zoning Clearance, I have consulted with the Zoning Administrator and the County Attorney. It is my official determination that in order to meet the requirements for a Homestay Zoning Clearance, the Property must be held by a natural person residing on the Property, or a family trust whose beneficiary resides on the Property. Backeround On August 7, 2019, the Albemarle County Board of Supervisors adopted an ordinance regulating the use of homestays. These regulations replaced the regulations for the two uses formerly known as "Accessory Tourist Lodging" and "Bed and Breakfast" under the single use of"homestays." This use is defined as: "Homestay. "Homestay" means an accessory residential use providing transient lodging and rooms for dining and meetings for use by homestay guests provided that the dining and meeting rooms are subordinate to the homestay use. A homestay use may offer no more than five guest rooms for lodging." (County Code § 18-3.1) County Code § 18-5.1.480) differentiates between (1) homestays located on either (a) parcels of less than five acres in the Rural Areas Zoning District or (b) parcels of any size that allow residential use in the Residential Zoning Districts or Planned Development Zoning Districts, and (2) homestays located on parcels of five acres or more in the Rural Areas district. The Property at 1202 Simmons Gap Road is located in the Rural Areas district on a 24.91-acre parcel. The regulations governing a homestay use at the Property include the requirement of owner occupancy: (vi.) Owner occupancy. The owner of a parcel conducting a homestay use must reside on and be present at the subject property during the homestay use except during approved whole house rentals. (County Code § 18-5.1.48 (j)(2)(vi), emphasis added) Homestay special exceptions are currently limited to the following waivers or modifications: (i.) More than two guest rooms and/or the use of an accessory structure in association with a homestay on parcels in the Residential or Planned Development districts, or Rural Areas district parcels of less than five acres; (ii.) Reduction in minimum applicable yards for a structure or parking used in whole or in part for ahomestay. (iii.) The use of an accessory structure built after August 7, 2019. (iv.) Resident Manager occupancy instead of owner occupancy as required by 5.1.48(i)(1)(M. (County Code § 18-5.1.48 (i)(1), emphasis added) WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 Note that eligibility for the Resident Manager special exception is limited to parcels regulated by section 5.1.480)(1)(iv), which applies to owner occupancy on: "(a) a parcel of less than five acres in the Rural Areas Zoning District or (b) a parcel of any size that allows residential use in the Residential Zoning Districts or Planned Development Zoning Districts." Therefore, parcels of five acres or more in the Rural Areas Zoning District are not eligible for this special exception. The homestay regulations were originally adopted by the Board of Supervisors on August 7, 2019. At a Work Session on June 2, 2020, the Board discussed a possible ordinance amendment to allow large Rural Areas parcels to apply for the resident manager special exception. The Board expressly declined to pursue such an amendment, citing concerns about business entities running homestays across multiple parcels. Analysis Under County Code § 18-5.1.480)(2)(vi), the owners of parcels conducting a homestay use must reside on the subject property. Because business entities (such as limited liability companies) have no physical presence, they cannot reside on a property, and cannot qualify for a homestay use. As your property at 1699 Colle Lane is a Rural Areas Zoning District parcel over five acres in size, it is not subject to County Code § 18-5.1.480)(1)(iv), and therefore is not eligible for a special exception to permit a resident manager under County Code § 18-5.1.48(i)(1)(iv). A trust whose beneficiary is a natural person(s) may hold a property with a homestay use on it, as the trust is directly tied to the natural person(s). The natural person(s) named as beneficiary of the trust must reside on the property, and it must be their full-time residence. Conclusion The Homestay Zoning Clearance application submitted for the Property is Denied on the basis of ownership of the property by WNG LLC. Because the LLC itself (rather than the individual owners of that LLC) own the subject property, the LLC's individual owners do not qualify as an "owner" for purposes of County Code § 18-5.1.48. It may, however, be held by a trust whose beneficiary resides on the property. 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 will 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 § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at https://www.albemarle.org/government/community-development/apply-for/letter-of-determination-or-zoning- compliance. 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 the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at https://www.albemarle.org/government/community- development/advisory-boards/board-of-zoning-appeals. If you have any questions, please contact me. WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 Sincerely, .. i Lea H. Brumfield Senior Planner 11, Designee of the Zoning Administrator Albemarle County 401 McIntire Road, Charlottesville, VA 22902 lbrumfield@albemarle.org Copy: Bart Svoboda, Zoning Administrator; Andy Herrick, Deputy County Attorney WWW.ALBEMARLE.ORG 401 McIntire Road,Suite 2281 Charlottesville, VA 22902-4596