HomeMy WebLinkAboutAP202200001 Staff Report 2022-03-01STAFF: Bart Svoboda, Zoning Administrator
Lea Brumfield, Senior Planner II
PUBLIC HEARING: March 1, 2022
STAFF REPORT: AP2022-00001
APPLICANVAPPELLANT: WNG LLC
310 4th Street NE, Suite 102, Charlottesville VA
Attila Woodward
1682 Colle Lane, Charlottesville VA
Subject Tax Parcel Number:
1699 Colle Lane, Charlottesville, VA - Tax Parcel 92-45 (the "Property")
Location:
The Property is located southeast of Charlottesville at 1330 Thomas Jefferson Parkway, on the
eastern comer of Thomas Jefferson Parkway (SR53) and Milton Road (SR732), as shown on the
attached map (Attachment A).
Considering an Appeal:
The BZA's decision on appeal is limited to determining whether the decision of the Zoning
Administrator was correct and whether the zoning ordinance was applied correctly. This appeal
does not consider whether the proposed use is appropriate, whether it is in the public interest, or
whether a zoning regulation is invalid or needs to be amended. The purpose this hearing is only to
determine if the ordinance was applied correctly.
Homestav Ordinance Background:
On August 7, 2019, the Albemarle County Board of Supervisors adopted an ordinance regulating
the use of homestays. These regulations replaced the regulations for the two uses formerly known as
"Accessory Tourist Lodging" and "Bed and Breakfast" under the single use of "Homestays." This
use is defined as:
"Homestay. "Homestay" means an accessory residential use providing transient lodging and
rooms for dining and meetings for use by homestay guests provided that the dining and
meeting rooms are subordinate to the homestay use. A homestay use may offer no more than
five guest rooms for lodging."
(County Code § 18-3.1)
County Code § 18-5.1.480) differentiates between (1) homestays located on either (a) parcels of
less than five acres in the Rural Areas Zoning District or (b) parcels of any size that allow
residential use in the Residential Zoning Districts or Planned Development Zoning Districts, and (2)
homestays located on parcels of five acres or more in the Rural Areas district.
The Property at 1699 Colle Lane is located in the Rural Areas district on a 24.91-acre parcel. The
regulations governing a homestay use on the Property include the requirement of owner occupancy:
(vi.) Owner occupancy. The owner of a parcel conducting a homestay use must reside on
and be present at the subject property during the homestay use except during
approved whole house rentals.
(County Code § 18-5.1.48 0)(2)(vi), emphasis added)
Homestay special exceptions are currently limited to the following waivers or modifications:
(i.) More than two guest rooms and/or the use of an accessory structure in association
with a homestay on parcels in the Residential or Planned Development districts, or
Rural Areas district parcels of less than five acres.
(ii.) Reduction in minimum applicable yards for a structure or parking used in whole or
in part for a homestay.
(iii.) The use of an accessory structure built after August 7, 2019.
(iv.) Resident Manager occupancy instead of owner occupancy as required by
5.1.48(i)(1)(iv).
(County Code § 18-5.1.48 (i)(1), emphasis added)
Note that eligibility for the Resident Manager special exception is limited to parcels regulated by
section 5.1.480)(1)(iv), which applies to owner occupancy on: "(a) a parcel of less than five acres in
the Rural Areas Zoning District or (b) a parcel of any size that allows residential use in the
Residential Zoning Districts or Planned Development Zoning Districts."
Therefore, parcels of five acres or more in the Rural Areas Zoning District (such as the subject
Property) are not eligible for this special exception.
The homestay regulations were originally adopted by the Board of Supervisors on August 7, 2019.
At a Work Session on June 2, 2020, the Board discussed a possible ordinance amendment to allow
large Rural Areas parcels to apply for the resident manager special exception. The Board expressly
declined to pursue such an amendment, citing concerns about business entities operating homestays
across multiple parcels.
Application History:
On June 28, 2021, the property owner, WNG LLC, applied for a Homestay Zoning Clearance
(HS202100024 - Attachment B) at 1699 Colle Lane.
On July 13, 2021, Mr. Garland (Manager of WNG LLC) was informed by email (Attachment C)
that staff was unable to approve the Homestay Zoning Clearance application because the property
was owned by an LLC.
On August 13, 2021, on behalf of Mr. Attila Woodward and WNG LLC, Mr. Garland requested an
official Zoning Determination (LOD2021-015 - Attachment D) regarding the denial of
HS202100024.
2
On November 30, 2021, the Official Zoning Determination (Attachment E) was issued confirming
the eligibility requirements for HS202100024.
On December 27, 2021, on behalf of Mr. Attila Woodward and WNG LLC, Mr. Garland filed an
appeal (AP2022-001) of the Official Zoning Determination (Attachment E).
Grounds for Zoning Administrator's Determination:
Under County Code § 18-5.1.480)(2)(vi), the owners of parcels conducting a homestay use must
reside on the subject property. Because business entities (such as limited liability companies) have
no physical presence, they cannot reside on a property, and cannot qualify for a homestay use.
Because the "Property" is located in the Rural Areas Zoning District and is over five acres, it is not
subject to County Code § 18-5.1.480)(1)(iv), and therefore is not eligible for a special exception to
permit a resident manager under County Code § 18-5.1.48(i)(1)(iv).
Staffs Response to Appeal:
1.) There is no dispute with the appellants' statement that the LLC is the owner of the property.
The law recognizes an LLC as a separate legal entity in its own right. This entity acts as a shield for
an individual member or members; it is an intentional step to distinctly separate the owner from the
members. The LLC does not lose its legal ownership of the property just because a member or
manager resides on the property. If the LLC is the owner of the subject Property, then its
member(s) are not.
The appellants' letter dated July 28, 2021 states that the property "is titled in theirfamily
entity, NWGLLC. " As a limited liability company, registered with the State Corporation
Commission, WNG LLC is actually a business entity. Regardless of what the appellant thinks
the ordinance should allow, the resident manager option is not available on Rural Areas
parcels larger than five acres.
2. The appellants argue that nothing in the County Code suggests that only a natural person can
"reside" on a property. An LLC is an entity, it is not a person. The zoning ordinance lists a variety
of regulations regarding the use and occupancy of a structure. The ordinance addresses the number
of unrelated persons in a dwelling; it also differentiates between an owner, its agent, a resident
manager, tenant, an employee, occupant, developer, subdivider, or family member. Although an
entity or a person can own property or structures, only people can reside in structures or on a
property.
Because a business entity, such as an LLC, is not a person, it cannot reside on a property; it
can only own it. A property owned by an LLC would not meet the requirements of County
Code § 5.1.480)(2)(vi) and could not be approved for a homestay use.
Summary
On November 30, 2021, Official Zoning Determination LOD2021-015 (Attachment E) was issued,
confirming the eligibility requirements for HS202100024. The evidence supports the determination
that the application does not meet the requirements of County Code § 5.1.480)(2)(vi) and cannot be
approved.
Because the Zoning Administrator's determination was and is correct, the Board of Zoning Appeals
should affirm this determination.
Proposed Motions:
I move that the Board of Zoning Appeals affirm the Zoning Administrator's determination in
LOD202100015.
Attachments:
Attachment A: Map WNG LLC Property
Attachment B: Homestay Zoning Clearance HS202100024
Attachment C: Email Denial 7-13-2021 WNG LLC
Attachment D: LOD202100015 Application WNG LLC
Attachment E: LOD202100015 Official Determination WNG LLC
Attachment F: Zoning Ordinance § 5.1.48 (Homestays)
Attachment G: AP202200001 Application - Justification WNG LLC
13
Attachment A
Homestay
Zoning Clearance
FOR OFFICE USE ONLY
Fee Amt: $158
Receipt #: —.1 Z J5 1
1. Applicant/Owner Information
Albemarle County
Community Development
401 McIntire Rd., North Wing
,n: r Charlottesville, VA 22902
Phone 434.296.58321 Fax 434.972.4126
Date Paid: By: ���� �� �� ���J.-k�tt JJ,'
Ck8 lB ��' By: .1Lt'U'fla 4113
NAME:
IWNG LLC
E-MAILADDRESS:
pogarland@gmail.com I PHONE
434-326-6970
MAIUNGADDRESS:
1310 4th St. NE, Suite 102, Charlottesville, Virginia 22902
2. Homestay Information
TAX MAP AND PARCEL NUMBER
(OR ADDRESS, IF UNKNOWN):
TM 92-45 Parcel 09200000004500
ZONING:
ACREAGE:
HOMESTAY NAME:
Rural
205.93
Colle
RESPONSIBLE AGENT NAME:
Attila Woodward SAME AS ABOVE (OWNER)
RESPONSIBLE AGENT EMAIL:
attlla@feffersonvineyards.Com
RESPONSIBLE AGENT PHONE:
415-297.3896
RESPONSIBLE AGENTADDRESS:
1682 C011e Lane, Charlottesville VA 22902
3. Verification of Requirements
NUMBER OF GUEST BEDROOMS:
USING ACCESSORY STRUCTURES?
2 FORMS PROOF OF RESIDENCY PROVIDED'
FLOOR PLAN SKETCH PROVIDED?
5
s �; No
Es I • No F
IT No
PARKING REQUIRED:
TOTAL HOMESTAY USES ON PARCEL
Dwelling
2
Number or Guest Rooms
} 5
1
Total Off -Street Parking
tD
4. Applicant Signature
I hereby apply for approval to conduct the homestay identified above, and certify that this address is my legal residence. I also certify that I have
read the restrictions on homestays, that I understand them, and that I will abide by them.
SIGNATURE OF OWN /APP CANT:
DATE:
6/8/2021
PRINT NAME:
DAVLIME PHONE NUMBER:
Philip Garland, Manager WNG LLC
434-326-6970
Approved❑ Approved with Conditions ❑ Denied
Zoning Official: - �(Y'�l" Date: _41 bZ�
VDH Approval Date: Building Official Approval Date:
Conditions:
Fire Marshal Approval Date:
SUBMIT THIS PAGE, YOUR SKETCH, YOUR VDH APPROVAL (IF REQUIRED) , AND YOUR $158 APPLICATION
FEE TO COMMUNITY DEVELOPMENT, 401 MCINTIRE ROAD, CHARLOTTESVILLE, VA 22902
www.albemarte.org/homestays v.3lf EV281Page5of13
Provide Sketch Here or Attach Sketch to This Application
ff
GPOSS IMEPNAIAGEn
FLOUR 3: t6ll sc R ftbVR ['. 1J5)spR
FYrLpCEC AREci:. Pf'vIICED nEAOROCn lELO4/ : SM: lfia «R
LCiil'. RO.fi05eH
POWERED BY
(d matterport
www.albemarte.org/homestays v. 3/06/20201 Page 6 of 13
Lea Brumfield
From:
Lea Brumfield
Sent:
Tuesday, July 13, 2021 5:49 PM
To:
PO Garland
Subject:
RE: Homestay Zoning Clearance Rejected
Hi Phil,
To be clear, the current application you sent is not being rejected due to the form — even if you submit the new form, it
legally cannot be approved while the property is held under an LLC. If you send in a new form that one will also be
rejected. We cannot "consider" the application at all — it will be automatically denied as long as the property is held by
an LLC.
Additionally, please note that you may not apply for a homestay as a second party. The property owners are required to
sign the application, and are the responsible parties in regards to the homestay regulations, unless they are eligible for
and approved for a "resident manager" on a smaller parcel (under 5 acres in size or in the residential districts). There is
no "owner's agent" permitted for homestays.
We're certainly sympathetic with the goal of wanting to keep rural family properties intact, and the reasons for holding
the property in an LLC while a sibling lives on it make sense, but unfortunately, there is no way to approve it. This is not
a matter of interpretation —this is the regulation as it is written. We do not have any ability to interpret the regulation
differently.
Unfortunately, the Board has been very specific on this point —we cannot "work around" a property held by a
commercial entity. The only other fix I can suggest would be to subdivide to create a smaller parcel, under 5 acres. Due
to a technicality in the regulations, parcels under 5 acres in size can apply for a Special Exception to be held by a
commercial entity while the owner who holds the LLC lives on the parcel as a "resident manager." That is only possible,
however, if the parcel has subdivision rights, and the subdivided parcel would meet all subdivision regulations, and the
special exception would be decided by the Board of Supervisors.
I'm sorry to be the bearer of bad news, and I do understand it can be frustrating for property owners who want to use
their property to make additional income with an Airbnb business, but this is the current ordinance we have to work
with.
Please let me know if you have any additional questions.
Best regards,
Lea Brumfield (she, her)
Senior Planner 11, Zoning Division
Albemarle County
Ibrumfield@albemarle.org
434-296-5832 x3023
401 McIntire Road, Charlottesville, VA 22902
From: PO Garland <pogarland@gmail.com>
Sent: Tuesday, July 13, 20215:36 PM
To: Lea Brumfield <Ibrumfield@albemarle.org>
Subject: Re: Homestay Zoning Clearance Rejected
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Hi Lea,
Sorry I missed your call the other day. I've been out of town and in the mountains with really poor
reception until yesterday.
Anyway, thank you for sending the link to the new form. I had reused a copy of the application the
County sent out last year and had no idea it had been revised. I will work on submitting an
application on the new form as soon as possible.
Some background information may be helpful to you and the County planners when considering
the application. The property at issue has been in the LLC owners' family since the 1930s. The LLC
owners are five adult siblings who transferred title of the property to the LLC a number of years ago to
facilitate the management of the property and to deter the property from being split up and
subdivided. One or more of the siblings have lived on the property since the LLC was established. A
primary reason for the family members wanting to do short term rentals (as opposed to long term
rentals) is to generate revenue to help cover some of the expenses of the property and keep it in the
family for their use rather than sell it off to a developer or some business. I suspect the County
shares the owners' goal to maintain the rural character of the property and the surrounding area, and
in this instance the short term rentals is the best and most realistic way to accomplish that goal.
That said, I understand you're working with the County ordinance as it's currently written and I'm
certainly open to suggestions that don't entail transferring title out of the LLC.
I'll be glad to call and discuss it with you if you think it would be helpful.
Thank you for your consideration and help.
Phil
Philip Garland
434-326-6970
On Fri, Jul 9, 2021 at 4:43 PM Lea Brumfield <Ibrumfield@albemarle.org> wrote:
Hi Phil,
I just left you a voicemail regarding your application for the homestay at Colle Lane/Thomas Jefferson Parkway, and as I
mentioned, unfortunately your application legally cannot be approved, and we have to reject it.
Under our ordinance, Section 18-5.1.48, "The owner of the parcel on which a homestay is located, must reside on the
subject parcel for a minimum of 180 days in a calendar year." Unfortunately, since an LLC is not a natural person, the
County Attorney has determined that an LLC cannot physically reside on a parcel.
If you would be interested in pursuing a different ownership type, the County Attorney has determined that a family
trust is an acceptable form of ownership, or the property must be put in the name of the person owning and residing
on the property. However, this application will be refunded, and if you do move the property into a different form of
ownership, you may apply again with that form.
Additionally, please note that the form you applied with has been out of date for over six months. We now require
proof of ownership during the inspection of the property, not submitted with the form, and there are different form
fields required. The current form can be found at: https://www.albemarle.ors/government/community-
deve to pment/a pply-for/homestay-clearance
Lea Brumfield (she, her)
Senior Planner ll, Zoning Division
Albemarle County
brumfield0albemarle.org
434-296-5832 x3023
401 McIntire Road, Charlottesville, VA 22902
FOR OFFICE USE ONLY LOD t#
Fee Amount S Date Paid 3 01I By who?w �1� � �_ Rcecipt # 03f9'_Ck#1%+ By:�
Application for:
Official Letter of Determination
❑ Official Letter of Determination of Parcel of Record and/or Development Rights = $123,76
Official Letter $119 + Technology Surcharge $4.76
A separate fee is required for each parcel shown on the tax map.
(1 parcel is $119 + $4.76 = $123.76, 2 parcels are $238 + $9.52 = $247.52, etc.)
❑v All other Official Letters of Determinations (including but not limited to Use, Zoning, Nonconformity, Parking,
Floodplain, Vested Rights, Area & Bulk Regulations, De minimis) = $123.76
Official Letter $119 +Technology Surcharge $4.76
OCertification that notice of this application has been provided to the property owner if the owner is different from applicant.
Project Name: WNG LLC - Homestay Application - 1699 Colle Lane
Tax map and parcel(s): 09200-00-00-04500 Zoning: Residential
Contact Person (Who should we caWwrite concerning this project?): Philip Garland
Address 310 4th St. NE, Suite 102 City Charlottesville State VA Zip 22902
Daytime Phone 4( 34 ) 326-6970 Fax # (_) E-mail pogarland@gmail.com
Owner of Record WNG LLC
Address 310 4th St. NE, Suite 102
Daytime Phone 4( 34) 326-6970 Fax # (__J
City Charlottesville State VA Zip
E-mail pogarland@gmail.com
Applicant (Who is the Contact person representing?): Attila Woodward and WNG LLC
Address 1682 Colle Lane
Daytime Phone 4( 15 ) 297-3896 Fax # (_)
City Charlottesville State VA Zip 22902
E-mail
affila.woodward@gmaii.com
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Official Letter of Determination Application Revised 7/1/2021 Page I of 2
Submittal Requirements
Parcel of Record and/or Development Rights
❑ Tax Map Page
❑ Provide evidence showing when the parcel/parcels was/were created. This will include the
following;
❑ The last instrument of record in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia on or prior to December 10, 1980.
❑ Include deeds that provide a plat or metes and bounds description of the property.
(Highlight or underline references to the subject property).
❑ All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE.
(Highlight or underline references to the subject property).
❑ Cover letter stating the assumed number of parcels and development rights, with
explanation of sarne.
❑ Any other pertinent information.
❑ A fee is required for each
shown on the tax
All other Determinations
• Cover letter stating what is being requested. Provide all necessary information for the
consideration of this decision including
® Tax Map Page if request is regarding a specific property.
❑ If the request is rej!ardinQ a nonconforming use structure or lot then you must
provide enough probative material evidence to prove the nonconformity.
® Provide justification for the request and any other pertinent information.
® Fee as noted above.
Please refer to the Albemarle County Land Use Law Handbook for more information
F1W.
Print Name
take
Date
1f34/ - 326. 4,97E
Daytime phone number of Signatory
Official Letter of Determination Application Revised 7T2021 Page 2 of 2
Submittal Requirements
Parcel of Record and/or Development Rights
❑ Tax Map Page
❑ Provide evidence showing when the parcel/parcels was/were created. This will include the
following;
O The last instrument of record in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia on or prior to December 10, 1980.
❑ Include deeds that provide a plat or metes and bounds description of the property.
(Highlight or underline references to the subject property).
El All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE.
(Highlight or underline references to the subject property).
❑ Cover letter stating the assumed number of parcels and development rights, with
explanation of same.
❑ Any other pertinent information.
❑ A fee is required for each separa
on the tax
All other Determinations
® Cover letter stating what is being requested. Provide all necessary information for the
consideration of this decision including
0 Tax Map Page if request is regarding a specific property.
O If the request is regarding a nonconforming use structure, or lot then you must
provide enough probative material evidence to prove the nonconformity.
® Provide justification for the request and any other pertinent information.
® Fee as noted above.
Please refer to the Albemarle County Land Use Law Handbook for more information
zon
and
Determination may take up to ninety (90) days from submittal
Signature of Owner
Attila S. Woodward (WNG, LLC Owner)
Print Name
07/28/2021
Date
415.297-3896
Daytime phone number of Signatory
Official Letter of Determination Application Revised 7/l/2021 Page 2 of 2
Attila Woodward
1699 Colle Lane
Charlottesville VA 22902
July 28, 2021
Mr. Bart Svoboda
Director of Zoning
401 McIntire Road
Charlottesville VA 22902
RE: Request for Letter of Determination - Homestay Zoning Clearance
Parcel 09200-00-00-04500
Dear Director Svoboda,
WNG, LLC is the record title holder of the above -referenced parcel, TM 92-45 (the "Property").
We are writing to request a Letter of Determination that WNG LLC on behalf of its beneficial
owners is eligible to apply for a Homestay "Zoning Clearance under County Ordinance Section
5.1.48. Specifically, we seek a letter of determination that beneficial owners of an LLC can
satisfy the Ordinance's "residency" requirement so long as at least one of the owners resides on
the Property and can provide proof of residency.
The. Property consists of approximately 207 acres, a main house, and several appurtenances
including a couple houses, a cottage, and a historic country store. All structures on the Property
were built prior to the 1980s. It is beneficially owned by five Woodward family siblings. but
is titled in their family entity, WNG LLC.
The Property has been in the Woodward family since the 1930s when the current generations
grandparents purchased it and built the main house and surrounding buildings. Upon their
grandfather's death in the early 1990s, the Property went into a life estate for their father, who
later surrendered his life estate to them, and they in turn transferred title to WNG LLC. They
created the LLC to facilitate the management and preservation of the Property. The ownership
structure also serves important estate planning and liability protection purposes. WNG LLC is
not a "commercial entity" in the general sense, but rather the best way for the family members to
hold ownership of a family property just as many other families do in Albemarle County.
Woodward family members have consistently lived on the property since the 1930s and one or
more of the siblings have lived on the property since the LLC was established. The owners treat
the main house as a shared family house. Throughout their ownership, the family has
been sensitive to the historic nature and location of the Property and have gone to lengths to
preserve and protect it. Accordingly, they have no desire to convert it into a B&B or a long-term
rental or use it as an event space. At the same time, it's important for the property to generate
revenue to offset expenses, to maintain it as a family property, and to preserve
the rural character of the Property and the surrounding area.
Under County Ordinance Section 18-5.1.48. "The owner of the parcel on which a homestay is
located, must reside on the subject parcel for a minimum of 180 days in a calendar year." In our
case, the owners of the LLC and as such the beneficial owners of the Property reside on the
Property year-round except when travelling on vacation. The relationship and residency of
the title owner and beneficial owners is easy to identify and verify through an affidavit or other
simple documentation, such as driver's licenses or voter registrations. Therefore, in situations
like this where a beneficial owner of an LLC or another entity such as a trust resides on a parcel,
there is no substantive reason for differentiating between a beneficial owner and a direct owner
under the Homestay Zoning Ordinance. The Ordinance itself does not expressly draw such a
distinction. Also, any distinction between types of entity owners (trusts v. LLCs) is unwarranted
since ownership and residency can be established just as easily in each case.
Furthermore, drawing a distinction between direct and beneficial owners does not appear to serve
any purpose since in both cases a person who has an ownership interest in a subject parcel will
be residing on the parcel. We have heard some people have concerns that a person could own
multiple entities and thereby use multiple properties for short-term rentals and deplete the
residential housing supply. Those concerns are unfounded because a natural person who is either
a direct or beneficial owner can only reside in one place at a time and therefore only one parcel
could qualify per owner for Homestay Zoning. Similarly other designed purposes for the Home
Zoning Ordinance can be satisfied just as easily regardless of the ownership structure of a parcel.
Therefore, since a Woodward family member resides on the Property as a beneficial owner of the
family LLC, we request a determination that WNG LLC can satisfy the Homestay Zoning
Ordinance's "residency" requirement and apply for zoning clearance assuming it meets all other
requirements of the Ordinance.
Respectfully,
Attila Woodward Philip O. Garland
WNG LLC Owner WNG LLC Manager
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Parcel Information
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Parcel ID
09200-00-00-04500
Primary Prop. Address
1699 COLLE LN
Other Address(es)
1645 COLLE LN 1680 COLLE LN 1682 COLLE LN
1330 THOMAS JEFFERSON PKWY
Subdivision
NiA
Property Name
COLLE
Description
ACREAGE COLLE
Lot
04500
Property Card(s)
4
Total Acres
205.93
Owner WNG LLC
Address 310 4TH ST NE SUITE 102 CHARLOTTESVILLE VA,
22902
Owner as of Jan Ist WNG LLC
most Recent :Vssessment Information
Year
2021
Assessment Date
O1101/2021
Land Valise
5365,200
Land Use Value
SO
improvements Value
51,179,300
Total Value
$1,544,500
Ninst Recent Sales Ilistorc
Previous Owner
WOODWARD, MANGENOT, ALEXANDRA
WOODWARD, ATTILA SASHA WOODWARD ET AL
Owner
WNG LLC
Sale Date
12/28/2012
Sale Price
$O
Deed Book/Page
4281/457
01her Tax Information as III Jan Ist
Other Parcels...
Improvements
State Code
Tax Type
Parcel Level Use Code
Parcel ID
Primary Prop. Address
Card
Card Type
In6astructure Improvements
Pi inim.% Building Additions
Ag/Devel over 100 Acres
Conservation Use
Arts & Crafts BI-Eleni2nd Sch
,,n I O1 i_I 1 A
09200-00-00-04500
1699 COLLE LN
I of4
Residential
Well/Septic
Patio - Good Quality.....568 sq ft
Porch. Average Quality ..... 27 sq it
Unfinished Attic ..... 600 sq t't
Outhnilding- huproNements
Barn ..... 650 sq 11- ..Year Built: 1774
Barn wJLoft..... 800 sq $..... Year Built: 1774
Canopy- Gas Market .... .396 sq ft..... Year Built: 1774
Chicken House .......... Year Built: 1774
Chicken House......... Year Built. 1774
Country Store ..... 824 sq ft.... Year Built: 1774
Garage.......... Year Built: 1774
Gazebo .......... Year Built: 1774
Granary ..... 412 sq ft..... Year Built: 1774
Greenhouse - Plastic. .... 130 sq ft ..... Year Built- 1774
Office ..... 220 sq ft..... Year Built: 1774
Patio Brick.....1,027 sq ft..... Year Built: 1774
Pool Concrete ..... 800 sq it ..... Year Built: 1774
Pool House ..... 121 sq ft..... Year Built: 1774
Porch,Outbuilding.....77 sq ft..... Year Built: 1774
Shed -Attached Enclosed ..... 660 sq ft .....Year Built: 1774
Shop ..... 220 sq ft.... Year Built: 1774
Storage Bldg, .......... Year Built: 1774
Prim:u-v Building Dettiils
Card Level Use Code
Retail Store
Year Built
1774
Year Remodeled
N/A
Condition
Average
Grade
A+2: A+2 Excellent Minus Quality
Number of Stories
2
House'1'ype
1.2511.75 Story
Finished Sq. Ft.
4,026
Basement Type
Cellar
Basement Garage Doors
None
Bsmt Fin. Sq. Ft.
0.
Bsmt Tot. Sq. Ft.
0
Attic Tot. Sq.. Ft.
0
Roof Material
Slate
Heating
Forced Hot Air -Oil
Cooling
Central Air
Fireplace(s) - Open
3
Fireplace(s)- Stacks
3
Fireplace Type
Brick
Wall Framing
N/A
Exterior Covering
Weather Board
Bedrooms
6
Dining Rooms
I
Family Rooms
0
Full Baths
5
Half Baths
0
Total Room Count
9
Every unit assumed to have kitchen and living room.
Bathrooms are not included in total room count.
Dull Parcel Details
Imprnccmcnts
Parcel ID
Primary Prop. Address
Card
Card Type
Inli%a<nvcture hopru%cnumts
Priroar.N Building Additions
Primal,% Buildin Details
Dull Parcel Details
I mprovcravats
Card Level Use Code
Year Built
Year Remodeled
Condition
Grade
Number of Stories
House Type
Finished Sq. Ft.
Basement Type
Basement Garage Doors
Bsmt Fin. Sq. Ft.
Bsmt Tot. Sq. Ft.
Attic Tot. Sq. Ft.
Roof Material
Heating
Cooling
Fireplace(s)- Open
Fireplace(s) - Stacks
Fireplace Type
Wall Framing
Exterior Covering
Bedrooms
Dining Rooms
Family Rooms
Full Baths
Half Baths
Total Room Count
( licl. I lse I.- A w„
09200-00-00-04500
1699 COLLE LN
2of4
Residential
Septic
Patio, Low Quality ..... 212 sq ft
Single Family
1754
1993
Average
C+1: C+I Average Plus Quality
I
1 Story
951
Note
None
0
0
0
Slate
Forced Hot Air -Oil
Central Air
0
0
None
N/A
Weather Board
2
0
0
0
4
Every unit assumed to have kitchen and living room.
Bathrooms are not included in total room count.
('110, ilea o, \ in,
Parcel ID 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
Infrasttucturc Ingtrosentcnts
Primary Building Addition,
Priman Building Details
Full Parcel Details
Improvements
Card 3 of
Card Type Residential
Card Level Use Code
Year Built
Year Remodeled
Condition
Grade
Number of Stories
House Type
Finished Sq. Ft.
Basement Type
Basement Garage Doors
Bsmt Fin. Sq. Ft.
Bsmt Tot. Sq. Ft.
Attic Tot. Sq. Ft.
Roof Material
Heating
Cooling
Fireplace(s) - Open
Fireplace(s)- Stacks
Fireplace Type
Wall Framing
Exterior Covering
Bedrooms
Dining Rooms
Family Rooms
Full Baths
Half Baths
Total Room Count
Parcel ID
Primary Prop. Address
Card
Card Type
Infrastructure Improvements
Priman Building additions
Well/Septic
Garage, Average Quality ..... 484 sq ft
Single Family
1754
N/A
Average
C+L C+I Average Plus Quality
1
1 Story Cmttemp
2,007
None
None
0
0
0
Asbestos
Forced Hot Air -Oil
Central Air
3
3
Brick
N/A
Weather Board
2
0
0
4
Every unit assumed to have kitchen and living roots.
Bathrooms are not included in total room count.
(_ hal. Ha;. to A
09200-00-00-04500
1699 COLLE LN
4of4
Residential
Well/Septic
Porch, Average Quality ..... 112 sq ft
Porch, Screened ..... 152 sq ft
Primary Building Details
Card Level Use Code
Year Built
Year Remodeled
Condition
Grade
Number of Stories
House Type
Finished Sq. Ft.
Basement Type
Basement Garage Doors
Bsmt Fin. Sq. Ft.
Bsmt Tot. Sq. Ff.
Attic Tot. Sq. Ft.
Roof Material
Heating
Cooling
Fireplace(s) - Open
Fireplace(s) - Stacks
Fireplace Type
\Wall Framing
Exterior Covering
Bedrooms
Dining Rooms
Family Rooms
Full Baths
Halt' Baths
Total Room Count
Full Parcel Details
Land \slue Informalion
Market %slue
Single Family
1754
N/A
Average
C-1: C-I Average Minus Quality
2
2 Story
1,292
None
None
0
0
0
Metal
Forced Hot Air -Oil
Central Air
2
2
Brick
NIA
Weather Board
2
(1
0
1
0
4
Every unit assumed to have kitchen and living room.
Bathrooms are not included in total room count.
( Inc, I lo, b- % ',
Parcel ID 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
Land Type
EAB - Easement Agriculture 2
Acre Type
NIA
Acres
21.94
Land Value
59,200
Land 'fr-pe
EAC - Easement Agriculture 3
Acre Type
N/A
Acres
9.91
Land Value
53,100
Land Type
EAD - Easement Agriculture 4
Acre Type
N/A
Acres
3.54
Land Value
$900
Land Type
EFA - Easement Forestry I
Acre Type
N/A
Acres
57.58
Land Value
$23,500
-I rausrer History
Land Type
EFB - Easement Forestry 2
Aare'rype
N/A
Acres
47.71
Land Value
517,800
Land Type
EF'C- Easement Forestry 3
Acre T;vpe
N/A
Acres
59.23
Land Value
SI5,700 -
Land Type
HS I - Homesite I
Acre Type
NIA
Acres
3
Land Value
5115.000
Land Type
HS2 - Homesite 2-
Acre Type
NIA
Acres
1
Land Value
$60,000
Land Type
HS2 - Homesite 2
Acre Type
N/A
Acres
1
Land Value
S60,000
Land Type
HS2 - Homesite 2
Acre Type
NIA
Acres
I
Land Value
560,000
Parcel11) 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
Node Dale: 12,282012
Sale Date: I1t0512010
Sale Date: 08,'12'1993
Owner WNG LLC
Previous Owner WOODWARD, MANGENOT, ALEXANDRA
WOODWARD, ATTILA SASHA WOODWARD ET AL
Sale Price $O
Deed Book/Page 4281/457
Owner WOODWARD, MANGENOT. ALEXANDRA
WOODWARD, ATTILA SASHA WOODWARD ET AL
Previous Owner WNG LLC
Sale Price $O
Deed Book/Page 4281/438
Owner
WNG LLC
Previous Owner
WOODWARD, STANLEY .IR LIFE ESTATE
Sale Price
SO
Deed Book/Page
3954,!351
Owner WOODWARD, STANLEY JR LIFE ESTATE
Previous Owner N/A
%ssessment ITistors
lax lo:n21121
Tax bear 2020
T:n \car 2019
Tax liar 21118
I'ax Yea2017
Tax Year 2016
Sale Price $0
Deed Book/Page 686/650
Parcel ID 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
Assessment Date 01/01/2021
Land Value $365,200
Land Use Value SO
Improvements Value 51,179.300
Total Value 51,544,500
Assessment Date 01/01/2020
Land Value
$357,600
Land Use Value
$0
Improvements Value
$1,122,100
Total Value
$1,479,700
Assessment Date 01/01/20I9
Land Value
$318,900
Land Use Value
$0
Improvements Value
$929,900
Total Value
$1,248,800
Assessment Date 01/01/2018
Land Value $290,800
Land Use Value $0
Improvements Value 5958.000
Total Value $1,248,800
Assessment Date
01/01/2017
Land Value
$292,200
Land Use Value
$0
Improvements Value
$956.600
Total Value
$1,248,800
Assessment Date 01/01/2016
Land Value
$296,000
Land Use Value
$0
Improvements Value
$952,800
Total Value
$1,248,800
Tax liar 2015
Tax \'car 2014
fax Year 20IJ
fax lval 2012
Fix Year 2011
fax Year 2010
Tax fear 20119
Assessment Date 01.OIf2015
Land Value $305,400
Land Use Value $0
Improvements Value S930,200
Total Value $1,235,600
Assessment Date 01/01/2014
Land \'slue
S300,800
Land Use Value
$0
Improvements Value
S927,700
Total Value
S1,228,500
Assessment Date 01/01/2013
Land Value
$293,200
Land Use Value
SO
Improvements Value
S930,200
Total Value
S1,223,400
wessment Date 01.101/2012
Land Value
$303,700
Land Use Value
SO
Improvements Value
$941.800
Total Value
S1,245,500
Assessment Date 01/01/2011
Land Value $304.300
Land Use Value SO
Improvements Value S953,400
Total Value S1,257,700
Assessment Date 01/01/2010
Land Value
S304,300
Land Use Value
$0
improvements Value
$975,000
Total Value
$1,279,300
Assessment Date 01/01/2009
Land Value
$301,500
Land Use Value
SO
Improvements Value
S989,200
Total Value
S1,290,700
I IN lry211118
Tax %car 2007
lav fear 2006
Pax Near 2005
I'a% liar 20141
tax Near 21103
Inv %ear?t102
Assessment Date
01/01/2008
Land Value
S301.900
Land Use Value
SO
Improvements Value
$1,007,500
Total *value
S1,309,400
Assessment Date 01/01/2007
Land Value
$303.000
Land Use Value
SO
Improvements Value
S1,042,300
Total Value
$1,345,300
Assessment Date 01/0112006
Land Value
$238,900
Land Use Value
$0
Improvements Value
$936.600
Total Value
S1,175,500
Assessment Date 01101/2005
Land Value
S238,900
Land Use Value
SO
Improvements Value
$936,600
'Total Value
S1,175,500
Assessment Date 01/01/2004
Land Value S144,000
Land Use Value $0
Improvements Value $843,300
Total Value S987,300
Assessment Date 01/01/2003
Land Value S144,000
Land Use Value SO
Improvements Value $843,300
Total Value S987,300
Assessment Date 0I/01/2002
Land Value $131,300
Land Use Value SO
Improvements Value S768,600
1':u bear 2001
Ias bear 20110
kku Near 1999
Iaa Near 1998
hN lcar 1997
I'ac Nv:u'1996
Total Value 5899,900
Assessment Date
Land Value
Land Use Value
Improvements Value
Total Value
Assessment Date
Land Value
Land Use Value
Improvements N`aluc
Total Value
Assessment Date
Land Value
Land Use Value
Improvements Value
Total Value
Assessment Date
Land Value
Land Use Value
Improvements Value
Total Value
Assessment Date
Land Value
Land Use Value
Improvements Value
Total Value
Assessment Date
Land Value
Land Use Value
Improvements Value
Total Value
Other Parcel Characteristics
01/01'2001
5131,300
So
5768,600
$899,900
01'01 /2000
5132,400
SO
5676.100
5808,500
01/01/1999
S 132,400
SO
$676,100
$808,50()
01/01/1998
5154,600
SO
$629,700
5784,300
O1/01/1997
5154,600
SO
$629,700
5784.300
01/01/1996
5140,100
SO
5624,500
$764,600
Parcel ID 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
School Districts (I nuDticial)
Elementary
Stone -Robinson
Middle
Walton
High
Monticello
How to Determine Official School Districts
C IIJ I In: • \ho 106,
V a,O%tcrial District & No in!g, Prcrin Ct Infurmatiun
('eastu Information
Magisterial District III -
Voting Precinct Stone -Robinson
Tract 104.02
Block Group I
Historical and \\brld Heritage Information
Virginia Landmark Register? No
National Historic Landmark? No
National Register of Historic Places? No
World Heritage Site? No
Zanina Information
Primary Rural Areas
Secondary, Unassigned
Minor Unassigned
Other Unassigned
Proffered? NIA" (LIala uuJn_s�i:e. nrr', u,: a:rer. p!rasc rr,!11nu,� rah
>Ij111
Airport Impact Area?
Dam Inundation Zone?
Entrance Corridor?
Flood Hazard Overlay?
Natural Resource Extraction Overlay?
Scenic Byways Overlay?
Scenic Stream Overlay?
Steep Slopes - Managed?
Steep Slopes- Preserved?
Cnntprchensi%e Plan Information
Comp Plan Area
Comp Plan Land Use- Primary
Comp Plan Land Use - Secondary
Comp Plan Land Use - Minor
Comp Plan Land Use - Other
Land Use SUI'yey Infnnuatiun
Land Use - Primary
Number of Structures - Primary
Number of Dwelling Units - Primary
Land Use -Secondary
Number of Structures - Secondary
Number of Dwelling Units - Secondary
Land Use - Minor
Number of Structures - Minor
Number of Dwelling Units - Minor
No
No
Yes
No
No
Yes
No
No
No
Rural Area 4
Rural Area
Unassigned
Unassigned
Unassigned
Commercial
0
Residential -- Single-family (incl, modular homes)
4
4
Forest
0
0
Other Information
Subdivision
M PO/CHART Area?
Traffic Analysis Zone (TAZ)
Jurisdictional Area Designation
Watershed
Water Supply Protection Area?
Development Area?
Other Rural Land?
Ag/Forest District
Conservation Easement?
Open Space Use Agreement?
Parcel Photos / Sketches SCanS
Parcel Photos
Parcel Sketches
Parcel !scans
Parcel flat
N!A
No
N!.A
No Service
Middle Rivanna River
No
No
Yes
N/A
Yes
No
Parcel ID 09200-00-00-04500
Primary Prop. Address 1699 COLLE LN
No records found
No records found
No records found
Official plats are stored at the Circuit Court Clerk's
Office
� 1 •.r6. l I: r-:•
County of Albemarle
COMMUNITY DEVELOPMENT
.. `yQGINtt'
November 30, 2021
Attila Woodward
1699 Colle Lane
Charlottesville, VA 22902
atti la.woodwa rd@gma i Isom
LEA BRUMFIELD
Senior Planner II, Zoning
I brumfield(u@albemarle.org
tel: 434-296-5832 e)ct. 3023
RE: OFFICIAL DETERMINATION OF HOMESTAY OWNERSHIP ELIGIBILITY - 1699 Colle Lane at TMP 00920-00-00-
04500 ("the Property")
Mr. Woodward:
In response to your request for a determination regarding the ownership qualifications of the Property for a Homestay
Zoning Clearance, I have consulted with the Zoning Administrator and the County Attorney. It is my official determination
that in order to meet the requirements for a Homestay Zoning Clearance, the Property must be held by a natural person
residing on the Property, or a family trust whose beneficiary resides on the Property.
On August 7, 2019, the Albemarle County Board of Supervisors adopted an ordinance regulating the use of homestays.
These regulations replaced the regulations for the two uses formerly known as "Accessory Tourist Lodging" and "Bed and
Breakfast" under the single use of "homestays." This use is defined as:
"Homestay. "Homestay" means an accessory residential use providing transient lodging and rooms for dining and meetings for use
by homestay guests provided that the dining and meeting rooms are subordinate to the homestay use. A homestay use may offer
no more than five guest rooms for lodging."
(County Code § 18-3.1)
CountyCode § 18-5.1.480) differentiates between (1) homestays located on either (a) parcels of less than five acres in the
Rural Areas Zoning District or (b) parcels of any size that allow residential use in the Residential Zoning Districts or Planned
Development Zoning Districts, and (2) homestays located on parcels of five acres or more in the Rural Areas district.
The Property at 1699 Colle Lane is located in the Rural Areas district on a 24.91-acre parcel. The regulations governing a
homestay use at the Property include the requirement of owner occupancy:
(vi.) Owner occupancy. The owner of a parcel conducting a homestay use must reside on and be present at the subject
property during the homestay use except during approved whole house rentals.
(County Code § 18-5.1.48 6)(2)(vi), emphasis added)
Homestay special exceptions are currently limited to the following waivers or modifications:
(i.) More than two guest rooms and/or the use of an accessory structure in association with a homestay on parcels in the
Residential or Planned Development districts, or Rural Areas district parcels of less than five acres;
(ii.) Reduction in minimum applicable yards for a structure or parking used in whole or in part for a homestay.
(iii.) The use of an accessory structure built after August7,2019.
(iv.) Resident Manager occupancy instead of owner occupancy as required by 5.1.48(4)(1)(ivl.
(County Code § 18-5.1.48 (i)(1), emphasis added)
W W W.ALBEMARLE.ORG
401 McIntire Road, Suite 2281 Charlottesville, VA 22902-4596
Note that eligibility for the Resident Manager special exception is limited to parcels regulated by section 5.1.480)(1)(iv),
which applies to owner occupancy on: "(a) a parcel of less than five acres in the Rural Areas Zoning District or (b) a parcel of
any size that allows residential use in the Residential Zoning Districts or Planned Development Zoning Districts."
Therefore, parcels of five acres or more in the Rural Areas Zoning District are not eligible for this special exception.
The homestay regulations were originally adopted by the Board of Supervisors on August 7, 2019. At a Work Session on June
2, 2020, the Board discussed a possible ordinance amendment to allow large Rural Areas parcels to apply for the resident
manager special exception. The Board expressly declined to pursue such an amendment, citing concerns about business
entities running homestays across multiple parcels.
Analysis
Under County Code § 18-5.1.480)(2)(vi), the owners of parcels conducting a homestay use must reside on the subject
property. Because business entities (such as limited liability companies) have no physical presence, they cannot reside on a
property, and cannot qualify for a homestay use.
As your property at 1699 Colle Lane is a Rural Areas Zoning District parcel over five acres in size, it is not subject to County
Code § 18-5.1.480)(1)(iv), and therefore is not eligible for a special exception to permit a resident manager under County Code
§ 18-5.1.48(i)(1)(iv).
Atrust whose beneficiaryis a natural person(s) may hold a propertywith a homestay use on it, as the trust is directlytied to
the natural person(s). The natural person(s) named as beneficiary of the trust must reside on the property, and it must be
their full-time residence.
Conclusion
The Homestay Zoning Clearance application submitted for the Property is Denied on the basis of ownership of the property
by W NG LLC.
Because the LLC itself (rather than the individual owners of that LLC) own the subject property, the LLC's individual owners
do not qualify as an "owner" for purposes of County Code § 18-5.1.48. it may, however, be held by a trust whose beneficiary
resides on the property.
You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code §
15.2-2311. This determination will be final and unappealable if not appealed within 30 days.
An appeal may be taken only byfiling an appeal application with the Zoning Administrator and the Board of Zoning Appeals,
in accordance with § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the
appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community
Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
https://www.a I bema rle.org/gove rn ment/com mun ity-deve lopme nt/a p p ly-for/letter-of-dete rm i nat ion-or-zon i ng-
compliance. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer
pertaining to the Zoning Ordinance.
Regulations pertaining to the filingof an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the
Zoning Ordinance. They may be reviewed online at https://www.albemarle.org/government/community-
development/advisory-boards/board-of-zon ing-appeals.
If you have any questions, please contact me.
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Sincerely,
Lea H. Brumfield
Senior Planner 11, Designee of the Zoning Administrator
Albemarle County
401 McIntire Road, Charlottesville, VA 22902
lbrumfieid@albemarle.org
Copy: Bart Svoboda, Zoning Administrator; Andy Herrick, Deputy County Attorney
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
1/24/22, 8:19 AM
Sec. 5.1.48 - Homestays.
Albemarle County, VA Code of Ordinances
Each homestay is subject to the following regulations:
a. Residency. The owner of the parcel on which a homestay is located, must reside on the subject parcel for a minimum of 180
days in a calendar year.
b. Notice. The owner of a parcel conducting a homestay use must provide the name, telephone number, and emergency contact
information of the owner and other designated responsible agent to abutting parcel owners on an annual basis. The owner
must retain and provide a copy of the notice to the Zoning Administrator within five business days upon request.
c. Parking. In addition to the parking required for a single-family dwelling, the number of off-street parking spaces required by
County Code § 18-4.12.6 must be provided on -site and no alternatives to parking in § 18-4.12.8 may be authorized.
d. Information and sketch plan to be submitted with request for zoning clearance. The following documents must be submitted to
the zoning administrator with each request for a zoning clearance under County Code § 18-31.5:
1. Information. Information pertaining to the following: (i) the proposed use; (ii) the maximum number of guest rooms; (iii) the
provision of authorized on -site parking; (iv) the location, height and lumens of outdoor lighting; and (v) two forms of
verification of the permanent residency of an owner. Acceptable proof of permanent residence includes: driver's license,
voter registration card, U.S. passport, or other document(s) that the zoning administrator determines provide equivalent
proof of permanent residence at the subject parcel.
2. Sketch plan. A schematic drawing of the premises with notes in a form and of a scale approved by the zoning administrator
depicting: (i) all structures that would be used for the homestay; (ii) the locations of all guest rooms; and (iii) how access, on -
site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this chapter.
3. Signatures. The responsible agent and the owner of the parcel must sign the application.
e. Building code, fire and health approvals. Before the zoning administrator approves a zoning clearance under County Code § 18-
31.5, the owner of the parcel must obtain approval of the use from the building official, the fire official, and the Virginia
Department of Health.
f. Uses prohibited. The following uses are not permitted as uses accessory to a homestay use: (i) restaurants; and (ii) special
events serving attendees other than homestay guests.
g. Responsible agent. Each applicant for a homestay must designate a responsible agent to promptly address complaints
regarding the homestay use. The responsible agent must be available within 30 miles of the homestay at all times during a
homestay use. The responsible agent must respond and attempt in good faith to resolve any complaint(s) within 60 minutes of
being contacted. The responsible agent may initially respond to a complaint by requesting homestay guest(s) to take such
action as is required to resolve the complaint. The responsible agent also may be required to visit the homestay if necessary to
resolve the complaint.
h. Lawfullypre-existing uses. Any bed and breakfast or tourist lodging use approved prior to August 7, 2019 may continue, subject
to conditions of the prior approval(s).
i. Special exception.
(1) Waiver or modification of this section is prohibited except to permit:
(i) More than two guest rooms and/or the use of an accessory structure in association with a homestay on parcels in the
Residential or Planned Development districts, or Rural Areas district parcels of less than five acres;
(ii) Reduction in minimum applicable yards for a structure or parking used in whole or in part for a homestay.
(iii) The use of an accessory structure built after August 7, 2019.
(iv) Resident Manager occupancy instead of owner occupancy as required by 5.1.480)(1)(iv).
(2) 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.
1/2
1 /24/22, 8:19 AM
Albemarle County, VA Code of Ordinances
j. Parcel -based regulations.
(1) Each homestay located on (a) a parcel of less than five acres in the Rural Areas Zoning District or (b) a parcel of any size that
allows residential use in the Residential Zoning Districts or Planned Development Zoning Districts is subject to the following
regulations:
(i) Number of homestay uses. Any parcel may have only one homestay use. An accessory apartment may not qualify as a
dwelling unit for a homestay use.
(ii) Dwelling types. Homestay uses may only be conducted in a detached single-family dwelling.
(iii) Number ofguest rooms. A maximum of two guest rooms maybe permitted with each homestay use.
(iv) Owner occupancy. The owner of a parcel with a homestay use must reside on and be present at the subject parcel
during the homestay use.
(v) Minimum yards. 1) In the Residential or Planned Development districts, the minimum applicable front, side, and rear
yard requirements for primary structures apply to all structures used for homestays; 2) In the Rural Areas district, the
minimum front, side, and rear yard shall be 125 feet from any abutting lot not under the same ownership as the
homestay, for parking and for structures used in whole or in part to serve a homestay.
(2) Each homestay located on a parcel of five acres or more in the Rural Areas district is subject to the following regulations:
(i) Number of homestay uses. Any parcel may have up to two homestay uses, provided all other applicable requirements
are met.
(ii) Accessory structures. Homestay uses may be conducted in accessory structures built on or before August 7, 2019.
(iii) Number ofguest rooms. A maximum of five guest rooms may be permitted with each homestay use.
(iv) Required development rights, density and limitation. Each single-family dwelling to which a homestay use is accessory
must comply with the following regulations:
(a) on any parcel less than 21 acres in size, the single family dwelling shall be authorized by a development right as
provided in County Code § 18-10.3;
(b) on any parcel, regardless of size, the single family dwelling shall comply with the permitted density; and
(c) no single family dwelling may have more than one accessory homestay use.
(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.
(vi) Owner occupancy. The owner of a parcel conducting a homestay use must reside on and be present at the subject
property during the homestay use except during approved whole house rentals.
(vii) Owner occupancy during whole house rental. The owner of a parcel conducting a homestay use that is approved for
whole house rental maybe absent during the rental period for up to seven days in any calendar month and up to 45
days in any calendar year. The owner shall maintain a log of all homestay uses including the date of each rental for
which the owner is absent. This log shall be provided within five business days to the Zoning Administrator upon
request.
( Ord 12-18(3) , 6-6-12; Ord. 19-18(6L 8-7-19)
2/2
-.b-T-mWrr:
T7
Community Development0epartmerg
Albemarle Cour 401 Aire Road Charlottesville, VA22902-4596
'voice: (434; 2915,6832 Fax :(434) 972-4126
Planning Application
PAR EL
OWNER ION
TMPF-09200-00-00-0=4500
Owner(s):
WNG LLC
Application # F7A(202200001
PROPERTY INFORMATION
Legal Description I
ACREAGE COLLE
Magisterial Dist.
SCOttSVille I- Primary Land Use Primacommercial
Li
Current APO
Not in A/F District Current Zoning Primar, Rural Areas
T—,
ILICATION INFORMATION
Street Address
1 1682 COLLE LN CHARLOTTESVILLE. 22902
Entered By
'Jennifer Smith',
Application Type
Appeal of Zoning Administrator's Determination
1-1/10[2022
Project
JWNG LLC - HOMESTAY
Received Date
Fl-2/31/21 I
Received Date Final Submittal Date
Total Fees 743-36]
Closing File Oat
Submittal Date Final
Total Paid 743.36
Revision Number
Comments
Legal Ad
SUB APPLICATION(s)
Type
Sub Applicatio
Comment
APPLICANT CONTACT INFORMATION
CortactType Name
Address
CiblState Zip
Phom I PhoneCell
WNG LLC
WNG LLC &ATTILAWOODIAARD
PHILI I P GARL I NO 1
310 4TH ST NE SUITE 102
1632 COLLE LINE
3 10 dTH ST r1E, surrE 102
CHARLOTTESVLL 22902
. . . ....... ..... .. ....... . . ... .......
:CHARLOTTESVILL 22902
�CH . AR . L . OT . T - E S',T I L . L . :1290,
43432156970
................
4152973896
:4 3 43 2 6 6 9 4343266970
I
Signature of Contractoror Authorized Agent Date
FOR OFFICE USE ONLY AP #
ZONING ORDINANCE SECTION:
Fee Amount $ r43.3(�ate Paid �y N
001 SIGN # !�
Receipt#
Appli-Eation for
Appeal of Zoning Administrator's Determination
m Appeal of Zoning Administrator's Determination = $295.36
Application $284 + Technology surcharge $11.36
m Initial notice fee to be provided in conjunction with an application,
for preparing and mailing notices and published notice = $448
FEES for re -advertisement and notification of public hearing
after advertisement of a public hearing and
a deferral is made at the applicant's request
➢ Preparing and mailing or delivering each notice after fifty (50)
$237
$1.19 for each additional notice + actual cost of
➢ Preparing and mailing or delivering each notice after fifty (50)
first-class postage
➢ Published notice (published twice in the newspaper for each public
Actual cost based on a cost quote from the publisher
hearing)(avera
es between $150 and $250)
Contact Person (Who should we call/write concerning this project?): Philip Garland
Address 310 4th St NE, Suite 102
Daytime Phone 4( 34) 326-6970 Fax # C
Owner of Record WNG LLC
Address 310 4th St NE, Suite 102
Daytime Phone 4( 34) 326-6970 Fax # (___)
City Charlottesville
State VA Zip 22902
E-mail pogarland@gmail.com
City Charlottesville
State VA Zip 22902
E-mail pogarland@gmail.com
Applicant (Who is the Contact person representing?): WNG LLC & Attila Woodward
Address 1682 Colle Lane
Daytime Phone 4( 15) 297-3896 Fax # (_)
City Charlottesville State VA Zip 22902
E-mail attila.woodward@gmail.com
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Appeal Application Revised 7/l/2021 Page I of 2
Project Name: WNG LLC -
Tax map and parcel: TMP 00920-00-00-04500
Physical Street Address (if assigned):
1699 Colle Lane Charlottesville Virginia 22902
Location of property (landmarks, intersections, or other):
Intersection of Rt 53 and Milton Road
Zoning: Rural Areas
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
Explanation of error in determination and justification of applicant's position:
The determination is in error because of an apparent factual error in the determination letter and a flawed analysis regarding the relationship between the title owner and
the beneficial (direct natural person) owner.
The factual background section of the Official Determination (see attached) refers to "The Properly at 1202 Simmons Gap Road is located in the Rural Areas district on a
24.9 t-acre parcel' which is totally unrelated to the subject property and owner.
The analysis is flawed for a number of reasons, but specifically the Official Determination concludes that a trust (a legal entity with natural person beneficial owners)
qualifies as an "Owner" under the Code, but an LLC (a legal entity with natural person beneficial owners) does not This is an arbitrary distinction without any substantive
basis related to a natural person's ownership interest in the entity.
For further explanation of our position, see the attached Request Letter to the Zoning Administrator.
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Signature of Owner or Contract Purchaser, Agent
Philip Garland, Manager WNG LLC
Print Name
12-27-2021
Date
434-326-6970
Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Appeal Application Revised 7/1/2021 Page 2 of 2
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Attila Woodward
1699 Colle Lane
Charlottesville VA 22902
July 28, 2021
Mr. Bart Svoboda
Director of Zoning
401 McIntire Road
Charlottesville VA 22902
RE: Request for Letter of Determination — Homestay Zoning Clearance
Parcel 09200-00-00-04500
Dear Director Svoboda,
WNG, LLC is the record title holder of the above -referenced parcel, TM 92-45 (the "Property").
We are writing to request a Letter of Determination that WNG LLC on behalf of its beneficial
owners is eligible to apply for a Homestay Zoning Clearance under County Ordinance Section
5.1.48. Specifically, we seek a letter of determination that beneficial owners of an LLC can
satisfy the Ordinance's "residency" requirement so long as at least one of the owners resides on
the Property and can provide proof of residency.
The Property consists of approximately 207 acres, a main house, and several appurtenances
including a couple houses, a cottage, and a historic country store. All structures on the Property
were built prior to the 1980s. It is beneficially owned by five Woodward family siblings, but
is titled in their family entity, WNG LLC.
The Property has been in the Woodward family since the 1930s when the current generation's
grandparents purchased it and built the main house and surrounding buildings. Upon their
grandfather's death in the early 1990s, the Property went into a life estate for their father, who
later surrendered his life estate to them, and they in turn transferred title to WNG LLC. They
created the LLC to facilitate the management and preservation of the Property. The ownership
structure also serves important estate planning and liability protection purposes. WNG LLC is
not a "commercial entity" in the general sense, but rather the best way for the family members to
hold ownership of a family property just as many other families do in Albemarle County.
Woodward family members have consistently lived on the property since the 1930s and one or
more of the siblings have lived on the property since the LLC was established. The owners treat
the main house as a shared family house. Throughout their ownership, the family has
been sensitive to the historic nature and location of the Property and have gone to lengths to
preserve and protect it. Accordingly, they have no desire to convert it into a B&B or a long-term
rental or use it as an event space. At the same time, it's important for the property to generate
revenue to offset expenses, to maintain it as a family property, and to preserve
the rural character of the Property and the surrounding area.
Under County Ordinance Section 18-5.1.48, "The owner of the parcel on which a homestay is
located, must reside on the subject parcel for a minimum of 180 days in a calendar year." In our
case, the owners of the LLC and as such the beneficial owners of the Property reside on the
Property year-round except when travelling on vacation. The relationship and residency of
the title owner and beneficial owners is easy to identify and verify through an affidavit or other
simple documentation, such as driver's licenses or voter registrations. Therefore, in situations
like this where a beneficial owner of an LLC or another entity such as a trust resides on a parcel,
there is no substantive reason for differentiating between a beneficial owner and a direct owner
under the Homestay Zoning Ordinance. The Ordinance itself does not expressly draw such a
distinction. Also, any distinction between types of entity owners (trusts v. LLCs) is unwarranted
since ownership and residency can be established just as easily in each case.
Furthermore, drawing a distinction between direct and beneficial owners does not appear to serve
any purpose since in both cases a person who has an ownership interest in a subject parcel will
be residing on the parcel. We have heard some people have concerns that a person could own
multiple entities and thereby use multiple properties for short-term rentals and deplete the
residential housing supply. Those concerns are unfounded because a natural person who is either
a direct or beneficial owner can only reside in one place at a time and therefore only one parcel
could qualify per owner for Homestay Zoning. Similarly other designed purposes for the Home
Zoning Ordinance can be satisfied just as easily regardless of the ownership structure of a parcel.
Therefore, since a Woodward family member resides on the Property as a beneficial owner of the
family LLC, we request a determination that WNG LLC can satisfy the Homestay Zoning
Ordinance's "residency" requirement and apply for zoning clearance assuming it meets all other
requirements of the Ordinance.
Respectfully,
Attila Woodward
WNG LLC Owner
Philip O. Garland
WNG LLC Manager
County of Albemarle
COMMUNITY DEVELOPMENT
. � �rBG1Ntt'
November 29, 2021
Attila Woodward
1699 Colle Lane
Charlottesville, VA 22902
attila.woodward@gmaii.com
LEA BRUMFIELD
Senior Planner Il, Zoning
lbrumfield@albemarle.org
tel:434-296-5832 ext. 3023
RE: OFFICIAL DETERMINATION OF HOMESTAY OWNERSHIP ELIGIBILITY - 1699 Col le Lane at TMP 00920-00-00-
04500 ("the Property")
Mr. Woodward:
In response to your request for a determination regarding the ownership qualifications of the Property for a Homestay
Zoning Clearance, I have consulted with the Zoning Administrator and the County Attorney. It is my official determination
that in order to meet the requirements for a Homestay Zoning Clearance, the Property must be held by a natural person
residing on the Property, or a family trust whose beneficiary resides on the Property.
Backeround
On August 7, 2019, the Albemarle County Board of Supervisors adopted an ordinance regulating the use of homestays.
These regulations replaced the regulations for the two uses formerly known as "Accessory Tourist Lodging" and "Bed and
Breakfast" under the single use of "homestays." This use is defined as:
"Homestay. "Homestay" means an accessory residential use providing transient lodging and rooms for dining and meetings for use
by homestay guests provided that the dining and meeting rooms are subordinate to the homestay use. A homestay use may offer
no more than five guest rooms for lodging."
(County Code 418-3.1)
County Code § 18-5.1.480) differentiates between (1) homestays located on either (a) parcels of less than five acres in the
Rural Areas Zoning District or (b) parcels of any size that allow residential use in the Residential Zoning Districts or Planned
Development Zoning Districts, and (2) homestays located on parcels of five acres or more in the Rural Areas district.
The Property at 1202 Simmons Gap Road is located in the Rural Areas district on a 24.91-acre parcel. The regulations
governing a homestay use at the Property include the requirement of owner occupancy:
(vi.) Owner occupancy. The owner of a parcel conducting a homestay use must reside on and be present at the subject
property during the homestay use except during approved whole house rentals.
(County Cade § 18-5.1.48 0)(2)(vi), emphasis added)
Homestay special exceptions are currently limited to the following waivers or modifications:
IQ More than two guest rooms and/or the use of an accessory structure in association with a homestay on parcels in the
Residential or Planned Development districts, or Rural Areas district parcels of less than five acres;
(ii.) Reduction in minimum applicable yards for a structure or parking used in whole or in part for a homestay.
(iii.) The use of an accessory structure built after August 7, 2019.
(iv.) Resident Manager occupancy instead of owner occupancy as required by 5 148(i)(1)(M.
(County Code § 18-5.1.48 (i)(1), emphasis added)
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 2281 Charlottesville, VA 22902-4596
Note that eligibility for the Resident Manager special exception is limited to parcels regulated by section 5.1.480)(1)(iv),
which applies to owner occupancy on: "(a) a parcel of less than five acres in the Rural Areas Zoning District or (b) a parcel of
any size that allows residential use in the Residential Zoning Districts or Planned Development Zoning Districts."
Therefore, parcels of five acres or more in the Rural Areas Zoning District are not eligible for this special exception.
The homestay regulations were originally adopted by the Board of Supervisors on August 7, 2019. At a Work Session on June
2, 2020, the Board discussed a possible ordinance amendment to allow large Rural Areas parcels to apply for the resident
manager special exception. The Board expressly declined to pursue such an amendment, citing concerns about business
entities running homestays across multiple parcels.
Analysis
Under County Code § 18-5.1.480)(2)(vi), the owners of parcels conducting a homestay use must reside on the subject
property. Because business entities (such as limited liability companies) have no physical presence, they cannot reside on a
property, and cannot qualify for a homestay use.
As your property at 1699 Colle Lane is a Rural Areas Zoning District parcel over five acres in size, it is not subject to County
Code § 18-5.1.480)(1)(iv), and therefore is not eligible for a special exception to permit a resident manager under County Code
§ 18-5.1.48(i)(1)(iv).
A trust whose beneficiary is a natural person(s) may hold a property with a homestay use on it, as the trust is directly tied to
the natural person(s). The natural person(s) named as beneficiary of the trust must reside on the property, and it must be
theirfull-time residence.
Conclusion
The Homestay Zoning Clearance application submitted for the Property is Denied on the basis of ownership of the property
by WNG LLC.
Because the LLC itself (rather than the individual owners of that LLC) own the subject property, the LLC's individual owners
do not qualify as an "owner" for purposes of County Code § 18-5.1.48. It may, however, be held by a trust whose beneficiary
resides on the property.
You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code §
15.2-2311. This determination will be final and unappealable if not appealed within 30 days.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals,
in accordance with § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the
appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community
Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
https://wv4w.al bemarle.org/government/community-development/apply-for/letter-of-determ i nation -or -zoning -
compliance. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer
pertaining to the Zoning Ordinance.
Regulations pertainingto the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the
Zoning Ordinance. They may be reviewed online at https://www.albemarle.org/government/community-
developme nt/adviso ry-boards/boa rd-of-zoning-appea I s.
If you have any questions, please contact me.
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Sincerely,
Lea H. Brumfield
Senior Planner 11, Designee of the Zoning Administrator
Albemarle County
401 McIntire Road, Charlottesville, VA 22902
lbrumfield@albemarle.org
Copy: Bart Svoboda, Zoning Administrator; Andy Herrick, Deputy County Attorney
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596