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HomeMy WebLinkAboutAP201800003 Correspondence 2019-01-25Marsha Alley From: Amelia McCulley Sent: Friday, January 25, 2019 4:21 PM To: Marsha Alley; Bart Svoboda Subject: FW: follow-up from our meeting with you and Mr. Clayton Please note that this appeal has been deferred again from March BZA. From: William W. Tanner <wwtanner@paynehodous.com> Sent: Friday, January 25, 2019 4:16 PM To: Amelia McCulley <AMCCULLE@albemarle.org> Cc: flyingfarmer@mindspring.com; Andrew Mackrous <amackrous@albemarle.org>; Lisa Green <Igreen2@albemarle.org>;'Frederick W. Payne' <fwpayne@paynehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Amelia — I have conferred with Jeff, and moving the hearing date of another month is fine. He's got a couple of neighbors who I believe can attest to the non -conforming use and such. I'm going to do some interviewing and I will draft something that makes clear that the soil processing has been going on since the Beaver Creek Dam project got going in the 50's. I am happy to have Jeff meet you out there on the 30', but I may not be able to make it due to my schedule. I will try to be there (or perhaps Fred will go), but I don't see my presence as absolutely necessary. Thanks— im From: Amelia McCulley <AMCCULLE@albemarle.org> Sent: Friday, January 25, 2019 12:04 PM To: William W. Tanner <wwtanner@paynehodous.com> Cc: flyingfarmer@mindspring.com; Andrew Mackrous <amackrous@albemarle.org>; Lisa Green <lgreen2@albemarle.org> Subject: RE: follow-up from our meeting with you and Mr. Clayton Mr. Tanner, Thanks so much for the continuing progress updates. The progress and the updates are greatly appreciated. Probably the most time -sensitive request I have is an additional written deferral from the March Board of Zoning Appeals meeting. This will give us more time to work outstanding details. Otherwise if it stays on that meeting, I have to draft a legal ad and get the Daily Progress to price it. Mr. Mackrous (copied), the Code Compliance Officer on this site is out sick today. Using outlook to check calendars, it looks like Wednesday, the 30" at 10 or 2 can work for another onsite. To document a decision relating to the nonconforming use on this site, we will need something in writing. Typically, we would receive signed affidavits from one or more individuals with firsthand observations. Basically, it would be a statement about: what activity started, when it started (year unless 1969 in which case the month is relevant), whether it's continued without ceasing for over 2 years and that the current activity is similar is size and scope to the original activity (A.C. Zoning Ordinance Section 6.2 B). If you have any questions or suggestions on this, please let me know. We've accepted form letters that have the same information, signed by different witnesses. From: William W. Tanner <wwtanner@pavnehodous.com> Sent: Friday, January 18, 2019 9:22 AM To: Amelia McCulley <AMCCULLE@albemarle.org> Cc: flyingfarmer@mindspring.com; 'Frederick W. Payne' <fwpavne@pavnehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Amelia — Attached is a picture of the water tank from yesterday —Jeff removed the cab of the truck and is simply using the frame to support the water tank. I have reviewed our earlier correspondence, and I am trying to make certain we have addressed everything. My schedule has become quite "fast and furious" lately, so if you'd like to meet out at the property, the earliest I can do that is the week of January 29, 30, or 31. Let me know if any of those dates suit, and we can put this matter to bed (I hope). Will From: Amelia McCulley <AMCCULLE@albemarle.org> Sent: Wednesday, January 09, 2019 2:13 PM To: William W. Tanner <wwtanner@paynehodous.com> Cc: flyingfarmer@mindspring.com Subject: RE: follow-up from our meeting with you and Mr. Clayton Thanks for your response. That suggestion makes sense to me. Let us know and we can schedule something for next week perhaps. From: William W. Tanner <wwtanner@pavnehodous.com> Sent: Wednesday, January 09, 2019 2:12 PM To: Amelia McCulley <AMCCULLE@albemarle.org> Cc: flyingfarmer@mindspring.com Subject: RE: follow-up from our meeting with you and Mr. Clayton I'll get in touch with Jeff tomorrow and see what's happening on his end. My understanding is that he has removed the green truck (excepting the frame that is actually holding up the watering tank) from the parcel at issue. Given where we are, it may make sense to go back out there next week some time and see if any issues remain. PIVII From: Amelia McCulley <AMCCULLE@albemarle.org> Sent: Wednesday, January 09, 2019 1:49 PM To: William W. Tanner <wwtanner@pavnehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Will, Hope you had a nice holiday. I'm checking in to see what needs to happen next for this. If this does go in March, we would need to begin work on legal ad costs, etc. If we need to check in again in person, that's also possible. From: William W. Tanner <wwtanner@pavnehodous.com> Sent: Thursday, December 27, 2018 10:03 AM To: Amelia McCulley <AMCCULLE@albemarle.org> Cc: flyingfarmer@mindspring.com; 'Frederick W. Payne' <fwpayne@paynehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Amelia — We're fine with moving the BZA case to March, and we'll see what the situation is with the soil processing after the new year. As I said before, we don't believe that operation takes up as much as 10,000 square feet, and the disturbance you're seeing relates to the cattle and the rain this year. Mr. Clayton intends to seed/grass that area when the time comes. Thanks for following up. Will From: Amelia McCulley <AMCCULLE@albemarle.org> Sent: Wednesday, December 26, 2018 3:25 PM To: William W. Tanner <wwtanner@paynehodous.com> Cc: flyingfarmer@mindspring.com; 'Frederick W. Payne' <fwpayne@paynehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Mr. Tanner, Checking in on the deferral because we're running late if this will remain on for February. Can someone please let us know this week, as soon as practical? From: William W. Tanner <wwtanner@pavnehodous.com> Sent: Monday, December 17, 2018 4:01 PM To: Amelia McCulley <AMCCULLE@albemarle.org> Cc: flyingfarmer@mindspring.com; 'Frederick W. Payne' <fwpayne@paynehodous.com> Subject: RE: follow-up from our meeting with you and Mr. Clayton Amelia — I am forwarding this to Mr. Clayton by copy of this email. I will confirm with you the plan regarding February or March not later than Wednesday. Given the tenor of this email, I am inclined to advise Mr. Clayton to agree to move the BZA case to March. Also, as for the 10,000 square feet — I believe the operation, such as it is, is within that limit now, and the disturbance you are seeing is more due to the cattle and the rain, and I know Mr. Clayton plans on having that muddy area grassed in the spring. It appears that the meeting was quite productive, thanks for taking the time to do it. I'll get back to you very soon. P, N William W. Tanner Payne & Hodous, LLP 414 E. Jefferson Street Charlottesville, VA 22902 (434) 977-4507 Fax: (434) 977-6574 From: Amelia McCulley <AMCCULLE@albemarle.ore> Sent: Monday, December 17, 2018 3:55 PM To: William W. Tanner <wwtanner@oavnehodous.com> Subject: follow-up from our meeting with you and Mr. Clayton Mr. Tanner, I wanted to follow-up from our meeting last week. Violation #1 in the notice: storage of tires, auto parts, scrap metal and inoperative vehicles. I think we reached agreement on everything except the inoperative vehicle that is the frame for the water tank. Unless this is changed such that it is no longer a vehicle, we would consider it to be an inoperative vehicle. We asked that Mr. Clayton consider moving the metal scrap pile that he uses for farm -related things away from the road. This area is on a separate parcel and is not subject to the notice of violation. Once this other materials are cleaned up, the violation is abated. Violation #3 in the notice: parking of commercial vehicles related to the Cavalier septic vehicle parking. I understood this would not occur in the future except as an emergency. The parking is not occurring at this time as I understand it. Therefore, this violation becomes moot. Violation #2 in the notice: soil processing. Based on information provided in the appeal and from discussion in the meeting with Mr. Clayton, there appears to be evidence of this use predating zoning regulations as a legally nonconforming use. However, it has expanded in area even since 1980 based on the aerial photos. Once it exceeded 10,000 sq ft, the borrow, fill and waste area regulations (Zoning Ordinance 5.1.28) apply. Those regulations limit the time for fill or waste to 1 year and the like. We'd like you and your client to consider proposing that the soil processing and fill remain in an area of less than 10,000 sq ft. That could be documented going forward so we don't have to revisit with new Zoning staff. This would also exempt the operation from the Section 5.1.28 and Water Protection Ordinance requirements, as I understand them although I need to confirm with the County Engineer. Since we need to begin drafting and pricing a legal ad if this will go forward in the February, we'd like to ask you to consider deferring it for a month. That will give you and Mr. Clayton time to consider our proposal. If you have time to do so without a deferral, please also let me know.