HomeMy WebLinkAboutAP202200003 Action Letter 2023-01-18Gp `SLR 401 McIntire Road, North Wing
County of Albemarle Charlottesville, VA22902-4579
Telephone: 434-296-5832
ytl COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG
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Board of Zoning Appeals
Decision Summary Sheet
Tuesday, January 3, 2023
Project: PROJECT: AP2022-00003 Berkmar Flats (Signs #79 & 80)
APPELLANT: THIRD MESA, LLC PROPERTY OWNER: THIRD MESA, LLC
SUBJECT PROPERTY: PARCEL IDs: 04500-00-00-08100, 04500-00-00-08200, 04500-00-00-082AO
LOCATION: The Property is located on Berkmar Drive adjacent to Berkmar Overlook and across
the street from Better Living. The Property fronts both Berkmar Dr. and Woodburn Rd.
MAGISTERIAL DISTRICT: Rio ZONING: R6, Residential OVERLAY DISTRICT: Steep Slopes
COMPREHENSIVE PLAN: Places 29, Office/R&D/Flex/Light Industrial
APPEAL: The Appellant is appealing the Zoning Administrator's official determination, LOD2022
00005, dated September 27, 2022, that Section 2.4.1 of the Zoning Ordinance does not permit the
application of bonus factors on the subject property.
Decision: ❑ Approved
❑ Denied
❑ Affirmed
On 1/3/2023
❑ Approved with Conditions
❑ Deferred
® Reversed
a 4:0 vote
❑ Modified
dete
Administrator's decision in AP2022-00003 was incorrect, making a
finding of fact that SDP2022-00023 showing 26 dwelling units,
was in compliance with Albemarle County Code, Chapter 18,
Section 2.4.1 and LU2 (page 2 of the appellant's presentation -
see attached). This vote results in the reversal of the Zoning
Administrator's determination in LOD2022-00005, dated September
27, 2022.
BZA Chair's Signature: YiING( �/ 6� j�� (�1ti it / 2d 23
Project Name: Berkmar Flats
Tax map and parcel: 45-81, 4"2, 45•82A Zoning: R-6
Physical Street Address (if assigned):
2175 Woodbum Road
Location of property (landmarks, intersections, or other):
North of Berkmar Overlook and west of Better Living Building Supply
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:
See attached justification
Owner/Applicant Must Read and Sign
I hereby certiW that the information provided on this application and accompanying information is accurate, true
and correct a best of my know) ge and belief.
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Signature olowtier or Contract P haser, Agent Date O
M(k)A el
Print Name Daytime phone number of Signatory
Board of Zoning Appeals Action/vote: See attached Decision Sheet for 1/32023 BZA Meeting
Board of Zoning Appeals Chairman's signature: G G�-F-- Date:
Appeal Application Revised 7/1/2021 Page 2 of 2