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Home My WebLink AboutLZC202200034 Action Letter 2022-08-01County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT V�RGIN�`' August 1, 2022 Partner Engineering and Science, Inc. Stephanie Bradley, Senior Zoning Assistant 1141 W. Sheridan Avenue, 15t Floor, Suite A Oklahoma City, OK 73106 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG RE: LZC202200034 - Parcel ID 07800-00-00-049GO (2.03 Acres) and Parcel ID 07800-00-00- 004B0 (2.08 Acres), 2390 Hunters Way, Charlottesville, VA 22911 (the "Property"), Owner - BACK SPIN LIMITED LIABILITY COMPANY 776 MOUNTAIN BLVD SUITE 202 WATCHUNG NJ. 07069 To Whom it May Concern: In response to your request for a Letter of Zoning Compliance for the above -referenced Property, please be advised of the following: The Property is zoned Light Industry - LI per Zoning Map Amendment ZMA198600009, approved December 17, 1986, with proffers. The permitted uses of the Property are provided in Section 27 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). Additionally, the proffers have identified certain uses as not being permitted. The Property is not in a Planned Unit Development (PUD). The Property is subject to the Entrance Corridor Overlay District as described in Section 30 of the Zoning Ordinance. • There is no pending zoning map amendment, special use permit, conditional use, special exception, or variance request on the Property, nor has there been granted any special use permit, conditional use, special exception, variance, or other zoning relief of any kind. • The County is unaware of any current or future plans for roadway construction, repaving/resurfacing projects, easements, land condemnation proceedings, or other such activity that would affect the placement of property lines, immediately surrounding roads, disrupt traffic flow in proximity of the Property, and/or impede access to the Property. • The immediate abutting zoning designations to the north, south, east, and west of this Property is shown on the linked Zoning Map. • The Property is subject to site plan SDP198700036, approved August 11, 1987. The Property appears to be developed in accord with these plans, linked below. The plan shows the applicable setbacks/buffer yard requirements. The plan also shows the combination of the two parcels. • The current use appears to be for Capital Electric. This use is considered Storage/Warehousing/Distribution/Transportation. It is permitted by right in the LI zoning district, but Capital Electric has not filed the appropriate Zoning Clearance application (linked below). August 1, 2022 LZC2022-00034 Page 2 • Outdoor storage requires a Special Use Permit outlined in Section 26 of the Zoning Ordinance. The Property does not have a Special Use permit for outdoor storage. • There is no daily time limit required in the Zoning Ordinance for this use. • There are no legal nonconforming issues associated with the subject Property. • If the Property contained physical development approved with a site plan, then in the event of casualty, the Property may be rebuilt substantially in the same form upon satisfaction of all required building permits and site plans, as applicable. • A review of our files found no current open zoning, building, or fire code violations applicable to the Property. • The only Certificates of Occupancy (CO) the County has electronically is for B2003- 00143AC was issued 4/21/2003 and is linked below. There may be other older COs available for the original construction. That request will need to be made to the Records Manager, as noted below. • The absence of a CO will not give rise to any enforcement action. • COs are issued for the building shell and each tenant depending on the type of work for each tenet. • A new CO is not required with a change of use, tenant, or owner. A CO is required for renovations, remodeling, or new construction. • A new Zoning Clearance is required for a change of use or tenant/business. The current business does not appear to have an approved Zoning Clearance. • The building located at 2390 Hunters Way does not comply with the existing area regulations for the LI district because there is a property line crossing the building. • The building does not comply with the Zoning setbacks, and the building should not have been constructed to allow a property line to cross through it. This can be seen on the linked Zoning Map. • A Boundary Line Adjustment plat ("BLA") should be applied for to combine Parcels 07800-00-00-049GO and 07800-00-00-004130. It appears that a BLA plat was submitted (SUB198700167) for review, but the approved plat was never recorded. The approval and recordation of a new BLA would correct the issue of the buildings identified in the previous bullet. The application is linked below. • Copies of relevant records may be obtained via the noted links or the Community Development Department Records Public Access link below. If unable to find the records, a request through the department's Records Manager, Paul Bjornsen, at pbiornsen(a)albemarle.oro may be made. It will take longer to fulfill if the request is not based in Virginia. August 1, 2022 LZC2022-00034 Page 3 Please contact me if you have any questions or require additional information. Sincerely, Francis H. MacCall Deputy Zoning Administrator Attachments: The links shown can be copied and pasted into a web browser GISWeb Map —https://gisweb.albemarle.orq/qpv 51Niewer.aspx?state=314949392596 Zoning Map —https://gisweb.albemarle.orq/qpv 51Niewer.aspx?state=241284799588 ZMA1986-00009 — https://Ifweb.albemarle.org/weblink/search.asl)x?dbid=3&searchcommand=%7b%SbCDD- Planninq%5d:%5bApplicationNumber%5d=%22ZMA198600009%22%7d SP1987-00036 — https://Ifweb.albemarle.org/weblink/search.asl)x?dbid=3&searchcommand=%7b%SbCDD- Planninq%5d:%5bApplicationNumber%5d=%22SDP198700036%22%7d CO for B2003-00143AC httr)s://Ifweb.albemarle.org/weblink/seareh.asl)x?dbid=3&searchcommand=%7b%SbCDD- Building%5d: %5bApplicationNumber%5d=%22B200300143AC%22%7d Zoning Clearance Application — https://www.albemarle.org/government/community- development/apply-for/zon ing-clearances-compliances/clearance Boundary Line Adjustment Plat Application - httl)s://www.albemarle.org/government/community- development/apply-for/planning-site-development/subdivisions-sub-preliminary-final-easement- bou ndary-ad i ustment-ru ra I -or -fa mi Iv-d ivision-two-lot-special-lot Community Development Department Records Public Access — https://Ifweb.albemarle. org/WebLink/Browse.asi)x?id=107166&dbid=0&repo=CountvofAlbemarl e Code Website —