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HomeMy WebLinkAboutAP202300001 Presentation 2023-03-20March 17, 2023 2. Justifwation fur applicants position: APPEAL OF MAJOR HOME OCCUPATION PERMIT FOR Timothy A. Wehner at 2822 Free Union Road We, the undersigned, as well as those signatories on the Petition for Appeal, believe the zoning administrator's determination to grant a Major Home Occupation Permit for a firearms business at 2822 Free Union Road (HO 2023 2) was made in the following error and causes the following harm: I. That the Zoning Administrator was in error in permitting a firearms -related business in our neighborhood because it is manifestly incompatible with County Ordinance Section 5.2Aa which states that there is to be a balance between encouraging limited home -based economic development with the need to protect and preserve the quality and character of the County's agricultural areas and residential neighborhoods. We believe that permitting a firearms -related business in the midst of family -oriented County neighborhood is antithetical to the interests of an area dedicated to small homes and small farms. We believe that the presence of a gun dealer in our neighborhood will create insecurity, thereby causing harm. This will inevitably change the peaceful character of the area. 2. That the Zoning Administrator was in error in that the storage of guns at this location is inconsistent with the County's stated aim to preserve and protect the rural nature of the neighborhood. Public knowledge of the storage of firearms on said premises will invite theft which would in turn spread into our peaceful neighborhood. Neither the County nor the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) has any requirements whatever as to the security measures needed to safely store these guns. 3. That the applicant needs a license from the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) as well as the permit from the County and that the ATF lists nine categories tinder which the applicant can apply for a license. (See below for listing of these nine types, copied from p.l of FFL application, ATF Form 7.) It is an error for the Zoning Administrator to have granted the Major Home Occupation permit for a firearms -related business with no knowledge of, or access to, the type of license for which the applicant has applied. Type Description of License Type Fee 01 Dealer in Firearms Other than Destructive Devices (Includes: rifles, shotguns, pistols, revolvers, gunsmith activities, and National Firearms Act (NFA) weapons) (see instruction #10) $200 02 Pawnbroker in Firearms Other than Destructive Devices (Includes: rifles, shotguns, pistols, revolvers, gunsmith activities, and National Firearms Act (NFA) weapons) (see instruction #10) $200 03 Collector of Curios and Relics (NOTE: This is not a license to conduct business, see instruction #8) $30 06 ManuGctunrofAmmunitan for Firearms OtherTban Ammunition fDrDestructiveDevicesor ArmorPiercing Ammumbon(see mirucum #11 $30 07 Manufacturer of Firearms Other than Destructive Devices (see instruction #11) $150 Og Importer of Firearms Other than Destructive Devices or Ammunition for Firearms Other than Destructive Devices, or Ammunition Other than Armor Piercing Ammunition (NOTE. Importer of handguns and rifles, see instruction #9) $150 09 Dealer in Destructive Devices (see instruction #10) $3000 10 Manufacturer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition (see instruction #11) $3000 11 Importer of Destructive Devices, Ammunition for Destructive Devices, or Armor Piercing Ammunition (see instruction #9) $3000 Total Fees $0 4. That the Zoning Administrator was in error in that the introduction of a firearms - related business will inevitably be accompanied by a higher crime rate because of the potentially dangerous nature of some gun buyers coming to purchase or store firearms. The location of this permitted use is in a residential area of the rural zoning district. Prior to the County granting of this firearms -related permit we in this neighborhood enjoyed a quiet peaceful world with a low crime rate and a genuine sense of neighborliness and security. We do not want that characterization to be altered. a. Attached please note an article from the November 3, 2021 SdentifrcAmerican entitled "Where Gun Stores Open, Gun Homicides Increase." The article lays out the deleterious effect of and reasons for increased gun violence in areas where gun dealers are located. Within this study researchers compared firearm -related homicides to other homicides and "their analysis found that when a gun dealership opens, homicides within a surrounding area of 100 square miles increase by as much as 3.9% in subsequent years." Poignant charts clearly indicate that the more gun dealers there are, the higher the rates of homicides, even when the rate of homicides by any other tool decreased over the same period of time. 5. That the Zoning Administrator was in error in that the presence of a firearms -related business in out area will cause harm by inevitably and ultimately depressing property values. 6. That the Zoning Administrator was in error in that the fact that this permit to manufacture and sell guns is within three to six miles of two elementary schools causes harm by posing a danger to said children by exposing them to possible gun violence. That the Zoning Administrator was in error in that the presence of a Major Home Occupation firearms -related business will cause harm by increasing traffic at an already dangerous section of Free Union Road. The applicant's driveway is immediately adjacent to the Woodlands Road intersection which already has documented accidents. As many of the applicant's customers will be driving north from Charlottesville on Free Union Road where the line of sight is limited, they will descend the hill and need to make an immediate left turn into the driveway, thus posing a potential traffic hazard. 8. That the Zoning Administrator was in error approving this permit because the criteria that determines whether an application should be approved or denied did not take into account the profundity of community concerns and opposition to the presence of a firearms -related business in the neighborhood, as manifested by the included nearly 100 signatures on the petition in opposition. If the County is restricting home businesses because of the impact on the neighbors or neighborhood, as is evidenced on the prohibited businesses list (junkyards, frequent yard sales, etc.) then this appeal clearly demonstrates the concerns and the opposition of the local community to the introduction of a firearms -related business in their midst. 9. That the Zoning Administrator was in error approving this permit because it violates one of the three Requirements for Home Occupation businesses as stated on the Albemarle County Home Occupations web page. The three requirements are listed in screenshot below. Without question, approving this firearms -related business interferes with the second requirement which states that the "home occupation must not interfere with the quality and character of the neighborhood." le MU Marie County C()MMVNttV r[1. rS, I,\I BUSINESS HOW DO t, Q Home Occupations ... r.._ R 1ome«aupslbnl5a emine—akkkkk]w1 ad IN ne in wnlm-•^.' ,o—cv Torsc—ak1o0ex11inggopn affstkuroke,tlremRmet. o1e--1. —.11 ad pae—rkf.. We—Efta—cl Inw _ at otFcrpc«ICY nomc5.IIke Inform& brksrepin& W!Nw—leanln& MycRalCemylaxe among aler,I —eaIdea I 11 you Base.1—dys rted an ,Iira —11 Gm o, plea deck hSreIo auz.. your Eahb... d t o... rime yea,, Ppl-a , Loun Pepui,—., lw alltpmeodcupatiomarplMeel I— br co-wynvrl onryyrpY� • MLusires5mu5t Be pertdnrtEbyanrceupantottee Mm mn.rgvieu wniev M thar—el.1. mulaolSI i teRerewitM1lMpuali[y oulas hJ�— am am..laa.,arao...�,tp.. na,gap ,*mare¢-e—m. eI.,-an—e—E . Yaumalaea IXduy[im ClearanreMloredommen[ingyour ckn—e ... Wsines. 10. That we believe that the Zoning Administrator is in error and the determination will cause harm as per these ten points. We further believe that other unknown hazards or dangers could arise as a result of this error, any of which could negatively impact the safety and security of our neighborhood and community. I. Reference to the relevant Zoning Ordinance section or .... case precedence to justify appeal. Albemarle County Section 5.2A is the focus of this appeal. At the request of the appellants, access to the County's system to research previous cases or any relevant cases of precedence has only just been explained. This system is complex and not user friendly. The appellants need to familiarize themselves with this system in order to determine if there are any cases of precedence that might be relevant to our case. If so, the relevant cases will be presented at the meeting on June 6, 2023. 3/19/23, 10:38 AM Margaret, Bart is out of the office due to the passing of a relative. I am informed that the end of the appeaL timeframe will be close of business on Monday, not Sunday as I think you had men lone . Thanks, Jeff Baker Zoning Permit Planner Albemarle County_ ibaker@albemarle.org office 434-296-5832 x3024 401 McIntire Road, Charlottesville, VA 22902 From: momaupin@comcast.net <momaupin@comcast.neb Sent: Tuesday, March 14, 2023 11:26 AM To: Jeffrey Baker <jbaker@albemarle.org> Cc: Bart Svoboda <bsvoboda@albemarle.org> Subject: RE: brief meeting HO 2023 2 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. Jeff and Bart, Thanks for getting back to me. I have a few questions about how to fill out the forms for an appeal that I'd like to go over and how to go where on your system to look up some of the details from that last email that you sent. I'm curious if any Business Occupation appeals were successful and when they might have been ..... but I understand that if that task is a time consuming one, it might not be the best use of your time. I believe that Sunday is the end of the 30 day period, so I would have to have papers postmarked by Sunday or in your hands by Sunday? Does 9:00 or 1:00 work for y'all? Thank you for your patience with my myriad of questions. I know you're both busy with so much going on. Margaret On 03/14/2023 10:31 AM Jeffrey Baker <jbaker@albemarle.org> wrote: Margaret, How about this coming Thursday, whenever is convenient for you? Also, is there anything specific for this meeting so we can prepare in advance? Thanks, about:blank Page 1 of 2 3119/23, 10:38 AM Jeff Baker Zoning Permit Planner Albemarle County jbaker@albemarle.org office 434-296-5832 x3024 401 McIntire Road, Charlottesville, VA 22902 From: momaupin@comcast.net <momaupin@comcast.neb Sent: Sunday, March 12, 2023 11:47 AM To: Bart Svoboda <bsvoboda@albemarle.org>; Jeffrey Baker <jbaker@albemarle.org> Subject: brief meeting HO 2023 2 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. Bart and/or Jeff, Top o the Morning to you! Could I schedule a meeting with you preferably on Wednesday (the Ides of March), but maybe Tuesday if you can't do Wednesday? Margaret Maupin about:blank Page 2 of 2