HomeMy WebLinkAboutLOD200600040 Letter of Determination 2006-11-29COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 29, 2006
Albemarle Baptist Church
James A. Winkey, James B. Nelson and James E. Wilder, Trs
Dave Connolly
Artisan Construction, Inc.
1130 E. Market St
Charlottesville, VA 22902
Re: Official Determination Regarding SP-2001-047, Albemarle Baptist Church
Tax map 61, Parcel IE
Dear Sirs:
The Albemarle Baptist Church received approval of SP-2001-047 on May 15, 2002. A condition
of that permit stated:
8 Construction of Phase t [six thousand (6.800) sq. ft sanctuary] shall commence within forty-eight
(48) months or this special use permit shall expire.
On January 3, 2005 a building permit application was made. It was reviewed and approved for
issuance by a zoning reviewer on January 28, 2005. However, other departments and agencies
did not sign off on the building permit application until as late as May and July of 2006. When a
preliminary zoning was scheduled in October 2006, it was discovered that the special use permit
had expired and therefore, the building permit could not be issued. In the ensuing discussions
between the church's representatives and the County, it became known that the well may have
been constructed during the time the special use permit was valid. The following is an excerpt
from the Albemarle County Zoning Ordinance, Section 31.
31.2.4.4 REVOCATION
Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after
notice and hearing pursuant to Virginia Code § 15.2-2204, for willful noncompliance with this chapter or
any conditions imposed under the authority of section 31.2.4.3. If the use, structure or activity for which a
special use permit is issued is not commenced within twenty-four (24) months after the permit is issued,
the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For
purposes of this section, if the use authorized by the permit requires the construction of one or more
structures, the term "commenced" means starting the lawful physical construction of any structure
Albemarle Baptist Church
November 29, 2006
necessary to the use authorized by the permit within twenty-four (24) months after the permit is issued.
The board of supervisors may, as a condition of approval, impose an alternative period in which to
commence the use, structure or activity as may be reasonable in a particular case. A determination that a
permittee has commenced a use, structure or activity under this section is not a determination that the
permittee has acquired a vested right under Virginia Code § 15.2-2307. (Amended 10-3-01)
This section states specifically that starting the lawful physical construction of any structure
necessary to the use qualifies as "commencing construction." It therefore carries the force of
vesting the special use permit. The Board of Supervisors granted this church 48 months to
commence construction rather than the 24 months quoted in this section, thereby giving them
until May 15, 2006.
A copy of the well completion report was presented to this office stating that a well was
constructed for the church and completed on August 23, 2002. This construction of a well meets
the zoning ordinance test which requires the "lawful physical construction of any structure
necessary to the use" within the four years granted under SP 2001-047. With this knowledge, the
SP has been vested.
Although the SP has now been determined to be valid, during the Preliminary Zoning inspection
related to building permit 2005-028NI, it was discovered that the site is technically in violation
of the conditions of SP 2001-047, SDP 2004-030 and the Architectural Review Board's
requirements regarding tree retention and the limits of clearing on the parcel. The issues are tree
protection and the limits of clearing including fencing. The following are the first two
conditions of the SP:
t. All requirements of the Architectural Review Board shall be met, including the site plan indicating the
existing tree line and specific trees of six (6) inches or greater and retaining significant trees.
2 The church's improvements and the scale and location of the improvements shall be developed in
substantial compliance with the master plan entitled Albemarle Baptist Church, prepared by Dex A
Sanders, and dated 11 r28101
The site plan showed tree protective fencing around the entire limits of clearing and "tree armor"
around individual trees. Neither the fencing nor the armor was erected prior to clearing and thus
the limits of clearing were expanded and several trees intended to be protected were removed.
The County has issued the building permit for this church, however, no certificate of occupancy
will be issued unless and until all of the following are amended and any new conditions are
met: The special use permit (SP2001-047), the site plan (SDP-2004-030) and the Architectural
Review Board's certificates of appropriateness (ARB-2003-183 and 2004-019). The county
attorney's office was consulted and agreed with this determination.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code
of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable.
An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning
Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application
must be completed and filed along with the fee of $120. The date notice of this determination
was given is the same as the date of this letter.
Albemarle Baptist Church
November 29, 2006
Sincerely,
Janice D. Sprinkle
Deputy Zoning Administrator
Cc: SP2001-047
SDP 2004-030
ARB2003-183 and 2004-019
Larry Davis, County Attorney
Lisa Green, Zoning Inspector
Jay Schlothauer, Building Official