HomeMy WebLinkAboutLOD200600040 Letter of Determination 2007-06-27COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 27, 2007
Albemarle Baptist Church
James A. Winkey, James B. Nelson and James E. Wilder, Trs.
P.O. Box 7057
Charlottesville, VA 22906
Dave Connolly
Artisan Construction, Inc.
1130 E. Market Street
Charlottesville, VA 22902
Re: REVISED Official Determination Regarding Compliance with SP 2001-047
Albemarle Baptist Church Tax Map 61, Parcel 1 E
Dear Sirs:
This letter serves to revise and reverse the official determination letter from Jan Sprinkle
dated November 29, 2006 with regards to compliance with the above -referenced special
use permit. With her letter, Ms. Sprinkle found that clearing and tree removal beyond
the approved limits necessitate an amendment to the first two conditions of SP 2001-
047 Albemarle Baptist Church. By her letter, Ms. Sprinkle informed you that this special
use permit amendment was required prior to our issuance of your certificate of
occupancy for the new building.
In formulating this revised determination, the County Attorney and I reviewed the file
which includes the conditions of approval, the staff report and the plan referred to in the
conditions. The wording of the special use permit conditions does not clearly require
compliance with a specific limit of clearing. The referenced plan with the special use
permit also does not provide clear limits of clearing and tree preservation. We also did
not find discussion within either the special use permit or the ARB staff report about
these items. With that said, we recognize that there was an intention to preserve some
larger trees. We understand that remediation for the removal of those trees has been
part of the ARB revised plan review.
Therefore, it is my conclusion that once the revised site plan has been approved by the
ARB and Current Development, the site can be in compliance with the first two (subject)
conditions of special use permit approval. You will note that I say "can" because any
plantings or other non -safety improvements which are not yet complete will need to be
bonded. Please be advised that the revised plan must be approved and the site must
be built and/or bonded in accordance with that revised approved plan prior to our
issuance of a certificate of occupancy. Please remember to call for final zoning
inspections no later than two (2) weeks prior to your desired date for occupancy.
This is to give sufficient time for our inspection and bond calculation and your posting of
any necessary bonds.
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.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Amelia G. McCulley, A.I.C.P
Zoning Administrator
Cc: Lisa Green Zoning Inspector II
Patrick Lawrence, Senior Planner
Brent Nelson, ARB Planner