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Home My WebLink AboutSE202000013 Correspondence 2022-07-29COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4579 Phone (434) 296-5832 Fax (434) 972-4012 November 3, 2020 RE: SE202000013 Special Exception for a Homestay 1869 Taylors Gap Road Mariah Dean To whom it may concern: This letter is to notify you as an adjacent property owner of the above -referenced petition. The owner has requested a special exception to reduce the required 125-foot setback from front and side property line for a homestay PROJECT: SE202000013 PROPOSED: Request to reduce the required 125-foot setback from front and side property lines for a proposed homestay use. ZONING CATEGORY/GENERAL USAGE: RA Rural Areas SECTION: 18-5.1.480)(1)(v) COMPREHENSIVE PLAN LAND USE/DENSITY: RA Rural Areas — agricultural, forestal, and fishery uses; residential uses at a density of 0.5 dwelling units/acre in development lots. LOCATION: 1869 Taylors Gap Road TAX MAP/PARCEL: 08700-00-00-018C0 MAGISTERIAL DISTRICT: Samuel Miller Special exceptions must be acted on by the Board of Supervisors, and may be granted after notice to abutting property owners and upon consideration of the following: i. There is no detriment to any abutting lot ii. There is no harm to public health, safety, or welfare This petition will be reviewed at the ALBEMARLE COUNTY BOARD OF SUPERVISORS MEETING ON WEDNESDAY, DECEMBER 2, 2020. Please be advised that due to the Covid-19 pandemic and efforts to maintain recommended social distancing, this will be a virtual meeting of the Board of Supervisors. Should you wish to attend this meeting, you may call this office during the week of the meeting to ask the tentative time the item is scheduled on the agenda and instructions on how to participate. Alternatively, you may sign up for A -mail by going to www.albemarle.org to receive e- mail notice of the Board's agenda. (Go to the "Department" tab at the top and select County Executive. At the County Executive's page, you will see "Albemarle County A -mail" by going to the menu on the far right of the page. It is the last item. Select this item and sign up from there.) If you do not have internet access, please feel free to contact me by phone at 434-296-5832 x 3226. Should you have any questions regarding this project or wish to provide any comments on the proposal, please feel free to contact me at the above noted telephone number or via e-mail at rragsdale@albemarle.org. Sincerely, Rebecca Ragsdale Principal Planner Zoning Division For more information on homestays visit: www.albemarle.orLF/homestays From: Mariah Dean 1869 Taylors Gap Road North Garden, VA 22959 Tax Map 87 Lot 18c Parcel E # HS202000026 Special Exception to minimum 125' Dear Board of Supervisor Members, I hope that after reviewing this information that you will be able grant me a special exception to the 125 foot minimum from my neighbors property line for my homestay application. I have talked to my abutting next door neighbors (the Brays - Megan, Tony and mother-in-law Margie), and they are fine with me hosting Airbnb home stays at my house. Yes, my house is less than 125' from the property line - but our respective houses are closer to 300 feet apart. The Bray's driveway runs along the property line, but their house is far enough that we do not hear each other when we are outside. The side of my house that is towards these neighbors is NOT the side where my sitting porches and driveway area are. These are on the other side of my house away from them, so that my house, plus my pergola, trees and fence provide a visual and sound barrier. Based on this, I hope you will see that a homestay is not a noise or visual "detriment to the abutting lot" or the owners who reside there. Also, there is nothing to cause harm to "public health, safety, or welfare" of either party. Here is the ordinance section and criteria I am seeking a variance to: " § 18-5.1.48(2)(v) Minimum yards -The minimum front, side, and rear yard for parking and for structures used in whole or in part to serve a homestay shall be 125 feet from any abutting lot not under the same ownership as the homestay use. This can be reduced under 5.1.48(i)(I(ii)." "Special exceptions may be granted after notice to abutting property owners upon consideration of the following: (i) There is no detriment to any abutting lot; and (ii) There is no harm to the public health, safety, or welfare." Note on Personal hardship I also want to mention that being able to rent out rooms in my house on Airbnb is going to help me keep my house and property from going into foreclosure. You see, before I was diagnosed with cancer, I was a successful management consultant. I had a good income. Since getting sick I can no longer travel and do this work. My plan is to use the income from Airbnb stays to pay my mortgage, and use my social security for food and utilities. I really really need to be able to do Airbnb rentals to keep a roof over my head. I am 70 years old. If I become unable to pay the mortgage and I am forced to move from this house through a foreclosure, I could end up homeless, as my social security is not enough to pay rent in the area. Thank you so much for helping me to come into compliance through granting this exception, and making it possible for me to keep my home. Kind Regards Mariah Dean Dear Rebecca, First, I am really trying to bring my house into compliance regarding home stays. I appreciate your help with this! I hope everything in this packet is in good order to make the next steps with the Zoning variance easy. Enclosed are: * 3 copies of my narrative request for the variance * $457 check for variance process * 2 White envelopes with two bills from the county and corresponding 2 checks My Questions about the things in the white envelope: Bill #106868 for $386.09 is transient lodging tax and included a $77.21 penalty. Do I need to pay bill #106868 for $386.09 if I am moving towards compliance with my Homestay permit and variance? I am confused as one thing that i read sounded like i might only be required to pay this if I do not apply for variance and bring this into compliance. In the other white envelope is the other bill is for Business license tax totaling $75.62. 1 assume that i do need to pay this. Thanks for your help! C- Mariah Dean email: YeslmagineThat@amail.com phone:434-977-0640 From: Mariah Dean 1869 Taylors Gap Road North Garden, VA 22959 Tax Map 87 Lot 18c Parcel E # HS202000026 Special Exception to minimum 125' Dear Board of Supervisor Members, I hope that after reviewing this information that you will be able grant me a special exception to the 125 foot minimum from my neighbors property line for my homestay application. I have talked to my abutting next door neighbors (the Brays - Megan, Tony and mother-in-law Margie), and they are fine with me hosting Airbnb home stays at my house. Yes, my house is less than 125' from the property line - but our respective houses are closer to 300 feet apart. The Bray's driveway runs along the property line, but their house is far enough that we do not hear each other when we are outside. The side of my house that is towards these neighbors is NOT the side where my sitting porches and driveway area are. These are on the other side of my house away from them, so that my house, plus my pergola, trees and fence provide a visual and sound barrier. Based on this, I hope you will see that a homestay is not a noise or visual "detriment to the abutting lot" or the owners who reside there. Also, there is nothing to cause harm to "public health, safety, or welfare" of either party. Here is the ordinance section and criteria I am seeking a variance to: " § 18-5.1.48(2)(v) Minimum yards -The minimum front, side, and rear yard for parking and for structures used in whole or in part to serve a homestay shall be 125 feet from any abutting lot not under the same ownership as the homestay use. This can be reduced under 5.1.48(i)(I (ii)." "Special exceptions may be granted after notice to abutting property owners upon consideration of the following: (i) There is no detriment to any abutting lot; and (ii) There is no harm to the public health, safety, or welfare." Note on Personal hardship7 I also want to mention that being able to rent out rooms in my house on Airbnb is going to help me keep my house and property from going into foreclosure. You see, before I was diagnosed with cancer, I was a successful management consultant. I had a good income. Since getting sick I can no longer travel and do this work. My plan is to use the income from Airbnb stays to pay my mortgage, and use my social security for food and utilities. I really really need to be able to do Airbnb rentals to keep a roof over my head. I am 70 years old. If I become unable to pay the mortgage and I am forced to move from this house through a foreclosure, I could end up homeless, as my social security is not enough to pay rent in the area. Thank you so much for helping me to come into compliance through granting this exception, and making it possible for me to keep my home. Kind Regards,, Mariah Dean