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Home My WebLink AboutAP200700002 Action Letter 2007-09-11APPEAL 2007 -002 SLIWINSKI /FOUR SEASONS LEARNING CENTER Board of Zoning Appeals September 11, 2007 WHAT THIS IS NOT • Not a decision of whether this daycare provides a needed service; • Not based on the current condition of the property but is based on the conditions on the date of the determination, April 6, 2007; • Not an appeal of Notice of Violation (NOV) dated September 23, 2005. This decision was not appealed and is final. BZA Appeal Presentation I. Intro and orientation to site II. Site plan violation III. Special permit violation IV. Occupancy without certificate of occupancy violation V. Summary Physical Survey Dated April, 2007 Approved Site Plan Dated 2005 rf,qNUfL,Ar IRS RAMP l ^ CO- $'; 7126'1 .SJOEWAL {}' src T x J fRS P.+��lNG AREA (GRAVEL SURFACE) EDGE OF FAVEYERT I ONE STORY' 1 FAWE 4 k DWEELINO L7L t Ly i t u3' 4 x PARCEL A s. TFORM J ,OVA CEEC RIC W i Cy 5ERWCE �tD 1 7 1 � 4 i ± i PAP �p6 �� 3�6 k) '7 fob I rii �� PEAT _ SHOWING PHYSICAL URVEE E 4 } I t i 4 � .l. I. Introduction & Orientation G 6 3 4.1 f x,. I. Intro Approved Site Plan December, 2000 - �r'�� GF[��cwPt7�/Fv�. I C:6 ]Ek 1.0 c*m ogEYQ ZPA-re -s FED 4a DaL�l er + Cv. APP. I E-fq PLGis6 � �i $I'm f°r FR O,xa Faun J .Er# -s DR sl EG , 1 ntrances � I � � � ,�� f•5itp 1 { i 1 Pal) F _1i6 / __�. ❑ 41 • •�, � � T 'I'1 ition Side Property Line I. Intro As -built / Physical Surve April, 2007 Addition CMMAW*f& Fig OF Wff' " &mq {Ar &LW &*4 TEWSt EFMCFiFf fit, 207. r f RvgNE? i Few M FFri54 -,41 not r OF 17# , �rrr � pVr APft' 25, 24n� AAA M 3-W SsT CF W irr,� K 4AD oarEcr rh rrkE L a?W *MLS OF niLr sMLONre ARF AS lcj-Orw. A DECEAMN r#, r:93a V715 RFFOLRr AY& ZLy3FMnW RES�,4o t r. I wC x? i+ b. As MOwar ON r. r�l. rzaaia � ,evh, r. , 7P5 2 r+' APP6L,- rV 1rE A' 2ME I" A00 DOES AM dN' M Z&if n' (a i MV FtOO} x A AA J. ChILV JW- 45 -WaM( MSEL EN73 4EHM7CFAN5 , } AmF7M,$ rlD7F•+m'F,6 FC i&� my uesr our E}7wR wK Ak7r 4Ari$Lr, oe W H45E' wERE A REVUREWA? of WS SL{4WY D's 5-%,V -k &erN FRFF.iRw Fa7 Aw tS c3ZR rO F RZTSZ t7F & AM&M S1Uwc+'l" ff�. DfaARA w is NWF 06e r FO PLY kILKE R tF PV5717UM:'N5 OR SLWHEOYEAT ditlP} L 01 O4EM Rrr i5?N91i+IF9w F +� 0 8r1'l6J'S7' . 07F fflO f RM FFtii�J4ta R- � rAY MP FARM 6pxi _ 5... dR5 #r014 Rm SET L -1 46' ' O14'�ti0?, K,92)MnVF S2JWd SV 0 rlPrf F184Ffi7 {H -1 97' j FENCE X4jElgM- &ftWS4g CB.-.W PffO $ dCrf 9BOblfifsO Jd 3O 60 09 0.� F r2i (AAr) &-97'49'1 ZG45VA7. FLD S 4Z �JL� F �ET A =30.07 M SM P 20 4A FYI. co.. m (Nor OfTEA1wAn3) Gl- x.22' M 495 P 12Z ELEGYRC FiL9 MNr fM7 DrTf76r WO) 09 -N 59PIV4F E W 25? F Mr M. M. & 7n. Ca OS 2779 F AU - dtr r F-U Co. htrnnf'`.A,s r.Y . AEAMM 013 4a5 F ?? t sw OF 4F71R �4 F J� r '2 � r � r I I I. i APAVrAF RAMP - - - -- r1• r r SRS FARKN%r, .4RiE4 CCRAVM SUWACL-) Li . ►FM.V ELIErmc- 'j�, •AI- a ' LL L � , , 5 M1L "ii Z ti PARCEL A 5 50, Fl. pw iRMgo NS\ r- �t� i5 1L PLAT SIHOWI NO PHYSICAL SURVEY p 12'% FARCIEL A -pA7J0 HOUSE SECTION 0 •4{ T} FOOD SEASONS .DAVID C. SLANKEN SAKER 254 LAK EVI EW DRIVE IN CURPOR ATO ALEMMARLE CGUNTY, YIRONJA �9 JWALM MEr, F. a. B'O -14 S7'ANAI2o3VILLE, uIRGEMA 3 APRIL 27, 2007 "7 ( .V9fi) 990 �pdu 9.76 F'. `a1 : Side Property Line i. intro -Final Determination NOV dated Sept. 23, 2005 The site does not comply with the approved site plan, specifically: —There is only one entrance to the parking area; —The parking area has been reconfigured. Two additional aspects of noncompliance have been abated and are not listed here. i. intro - Decision Appealed — Notice of Violation This site is in violation: 1. Not in compliance with site plan; 2. Not in compliance with special permit; and 3. The building addition has been occupied without County approval (a certificate of occupancy). 1. Site not in compliance with site plan • Final decision of site noncompliance per Sept. 2005 NOV In addition, with this NOV determination: A. Landscaping not installed or bonded; B. Building addition in a different location. Final Determination NOV dated Sept. 23, 2005 The site does not comply with the approved site plan, specifically: —There is only one entrance to the parking area; —The parking area has been reconfigured. Two additional aspects of noncompliance have been abated and are not listed here. Physical Survey - Entrance rNNUY Ar IRS RAMP 721 1 4RS _51 EDGE OF FAVEYERT 1 ONE SRY x, } ESE kA 455 L7L i Ly r t u3. 41 x B0LDI JG i s , !R5 D; ' t '• (APPROX.) } w t PARCEL A _CD m- Cw 16,512 ; E�fG T771G t W i Cy 5ERllCf RD1 X'- 4 V CW F (PL `, �vn f0 I r+�� PEAT _SNOWING PHYSICAL UR EI t nh�10 _Ali N is — Approved Site Plan Two One -way Ent T s wi Tree in Islan_ ' een E f 1 4 } I tN i t i t 4 f%�JJ 3 5ti I o IV i 7a Y' Y Physical Survey — Parking Approved Site Plan p p ,� Area Parking Are rf,qNUfLAr IRS Rr4ldPH =1 7 - -- CO- S; 47126'1 E SIDEWAtK .•;• t � t '� �.� } h `'� ► i � }� 'Gr� ? �� sue• • rC'^ � '}• 721 x' � ff?S {{�ppP.+ PKING y .. EDGE OF FAVEMERT ONE STORY L7L I Lw f. 5 ° h i o B0LDIA G 4j `rS! !R5 (APPROX.) fjJ ` � ? 1 � s � F ,4 W .4 -�i. TFORM IPF CE FRIC JA/ r i 1A01pL e 00 c 51 inkatdw v£. F ° n� PLAT SHOWING URVE G a��``� v��z��G��6VeSti� -'may. / - -� - X f �T r 03010,0000 Physical Survey - Approved Site P, ..— Ex. Retaining Wall & Proposed Wood'Fe ce Landscaping Ret ining Wall &,.and fTAfYUrLA._ - IRS } CG-$';,7126'47 E SIG Al EDGE OF FAVEMERT 11 ONE i - p,f4WF� 4 k{rt` f W160 I.l C1lY 1Y1 kk SS ;Y r } YQJ PA CEL A CS J PVA ri'M r E�fG T771G t , 6+ G $ i � 5ERVICE � �� TOP _ Cw 51 448 fob I r+5 � PEAT _SHOWING PHYSICAL SURVEX +y'I ti ; � � I NORM Y t % 5ti a a Q,y i ng,� N, ti ; G � is v��z��G��6VeSti� -'may. / - -� - X Physical Survey_— Building Location Approyd'Site Pla f-� f2r4ddP - -H =1 7 t IRS - yl^ CC '7126'} E Steps to `'''► IL �Basem fps +rrf AREA k (G SURFACE) EDGE OF t ONE STORY'kx1x\ T ?r� j F &WE + k' I +fD0WAES�Y�Jf+JVGJ'�r x t, u3. 4 1E + x _ f J ate, B0LDING `�i !RS ' 4 ; t (APPROX.) j Idg'' A� PARCEL AV 7 ft fro :FORM �° � 1 x,51 2 � % � Blf�gt Roa4 :' SO. F7. r rfa ft� PVAC 12 ' Rom i Cy 5ERllCE1X1' . PAP :L54to 0000 )#E; 1 t SS 3 �vn f0 I r+i� PI:A7iOiNNYSE� URE1 11, Yr j �' "`.j. rp` +..•fie J Idingocation 7a x,. i M1 + A 3, 2007 n AN m a � y E NSE 2$10 Fa Physical Survey Dated April, 2007 Approved Site Plan Dated 2005 rf,qNUfL,Ar IRS RAMP l ^ CO- $'; 7126'1 .SJOEWAL {}' src T x J fRS P.+��lNG AREA (GRAVEL SURFACE) EDGE OF FAVEYERT I ONE STORY' 1 FAWE 4 k DWEELINO L7L t Ly i t u3' 4 x PARCEL A s. TFORM J ,OVA CEEC RIC W i Cy SERWCE �tD 1 7 1 � 4 i ± i PAP �p6 �� 3�6 k) '7 fo 10 -fili r+i �� PLAT SHOWING PHYSICAL SURVEY E 4 } I t i 4 � .l. Are these the same? G 6 3 4.1 f x,. 2. Site not in compliance with Special Use Permit A. Development of site not in general conformity with site plan (SP condition 2a) ✓ 1) Final determination from unappealed NOV; ✓ 2) Additional findings in point #1 (preceding); B. There is no fence — required to be 4 1/2 feet high, setback 25 feet from the property line (SP condition 2d) C. Occupancy of the addition is not permitted until completion of the site plan Staff Report for SP S COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 02 -006 Four Seasons Learning Center Special Use Permit Amendment SUBJECT /PROPOSAL /REQUEST: Request to amend a special use permit to increase the number of children from 32 to 40 at the Four Seasons Learning Center. The property, described as Tax Map 61X1 Parcel 5, contains 0.35 acres, and is located in the Rio Magisterial District on at 254 Lakeview Drive at the intersection of Lakeview Drive and Four Seasons Drive. The property is zoned PUD Planned Unit Development. The Comprehensive Plan designates this property as Urban Density Residential in Neighborhood 1. (See Attachments A & B.) STAFF CONTACT(S): Ms. Echols PC AGENDA DATE: ITEM NUMBERS: June 4, 2002 BOS AGENDA DATE: June 19, 2002 ACTION: INFORMATION: Recommend approval of Special use permit with Conditions. ATTACHMENTS: yes REVIEWED BY: BACKGROUND: On August 27, 1974, the Board of Supervisors approved the original special use permit (SP 74 -412). The allowable sign area was changed with SP 89 -023 on March 22, 2989. Several site plans and site plan amendments have been approved over the last 28 years. A complete history of the activities at the site is included as Attachment C. The conditions of approval for the 1974 & 1989 special use permits are included as Attachment D. At present the applicants are finishing construction of a building addition. They would like to add 8 children to the maximum number of children approved for the Learning Center. DISCUSSION: Staff has reviewed the request and the existing approved minor site plan amendment (Attachment E). The minor amendment recently approved allowed for a building addition and enlarged parking area. Construction began in August of 2000. Once construction is finished, the facility and site will accommodate the additional 8 children and the required parking. The Special Use Permit amendment is to increase the maximum number of children to 40 from 32. Only one problem exists with the current use; however, it can easily be rectified. At present, the construction activities on -site are interfering with the ease in which children are picked up and dropped off. Spaces in the parking lot are not always available for use. Several residents near the facility have expressed concerns with traffic backups and turning movements when parents drop off children, especially during the peak morning period. Concern has also been expressed with the amount of time involved in completing construction and the possibility of the addition of a dwelling unit or units to the facility. The nearby resident concerned with residential use of the structure is worried about the level of activity on the site because the development is already so dense. When all construction is completed and the parking lot is fully functional, the traffic problems should disappear. The PUD approval for Four Seasons limits the number of residential units in the development; so, the addition of a dwelling unit to the facility or conversion of the facility to residential units or other uses would require an amendment to the zoning. All staff reviewers have recommended approval of the increased numbers of children. The Building Inspector has indicated that the facility will meet building code requirements. No impact on roads, utilities, adjoining properties, or schools is expected with the proposal. No adverse impact is expected for the neighborhood, provided the parking lot is completed prior to allowing the additional children in the facility. Basis for S.P. conditions about site completion Special Permit Conditions - Background As described in the Special Permit staff report, the site (even at that time) was a construction zone. ➢ Construction activities interfering with pick -ups and drop - offs; ➢ Concern about amount of time to complete construction. 2. Site not in compliance with Special Use Permit A. Development of site not in general conformity with site plan (SP condition 2a) ✓ 1) Final determination from unappealed NOV; ✓ 2) Additional findings in point #1 (preceding); B. There is no fence — required to be 4 1/2 feet high, setback 25 feet from the property line (SP condition 2d) C. Occupancy of the addition is not permitted until completion of the site plan [SH W3W2 $101 i �11 3. Addition Occupied Without Certificate of Occupancy Our conclusion is based on: A. First -hand observations by County staff; and B. Business office is located in addition C. Later (after NOV) admission by Four Seasons L.C. staff Physical Survey Dated April, 2007 Approved Site Plan Dated 2005 rf,qNUfL,Ar IRS RAMP l ^ CO- $'; 7126'1 .SJOEWAL {}' src T x J fRS P.+��lNG AREA (GRAVEL SURFACE) EDGE OF FAVEYERT I ONE STORY' 1 FAWE 4 k DWEELINO L7L t Ly i t u3' 4 x PARCEL A s. TFORM J ,OVA CEEC RIC W i Cy SERWCE �tD 1 7 1 � 4 i ± i PAP �p6 �� 3�6 k) '7 fo 10 -fili r+i �� PLAT SHOWING PHYSICAL SURVEY E 4 } I t i 4 � .l. Are these the same? G 6 3 4.1 f x,. SUMMARY This site is in violation: 1. Not in compliance with site plan; 2. Not in compliance with special permit; and 3. The building addition has been occupied without County approval (a certificate of occupancy). Results Desired by County 1. Submittal &approval of a site plan amendment; 2. Construction of site consistent with site plan and Special Use Permit; We can then issue the certificate of occupancy for the addition. 3. No further changes to the site without approval.