HomeMy WebLinkAboutSDP199300035 Action Letter 1993-02-11 �oF"LBe
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
MEMORANDUM
TO: File, University Commons
FROM: Amelia G. McCulley, Zoning Administrator
DATE: February 11, 1993
RE: Zoning Approvals Necessary for Conversion of 4 Spaces in
Basement into Apartment Units - OFFICIAL DETERMINATION
This is to provide a written determination for the record.
University Commons consists of three existing buildings with 26
existing apartments on a total of 3 . 3451 acres. Within the
basement of building #117, there are four unfinished units.
These findings result after consultation with the County Attorney
and the Chief of Planning, and after a review of the history files
for this property from the Zoning and Planning Departments. In
addition, I have reviewed relevant opinions from zoning treatises,
such as Anderson's and Yokely's volumes. It is my opinion, these
unfinished basement spaces may be converted into independent
residential units without either a rezoning or a density variance.
This decision relies in part, on the "Non-conformities" Section
6.4. 3 , which states "a nonconforming activity may be extended
throughout any part of a structure which was arranged or designed
for such activity at the time of enactment of this ordinance. "
This opinion is not inconsistent with either Judge Peatross's
ruling in the tax sale, or the zoning in effect when this property
was developed. At the time the buildings were constructed, the
four (4) unfinished spaces were permitted by the zoning, and would
not have exceeded the maximum allowable residential density. For
some technical or other non-regulatory reason, they were not
completed. Their existence is therefore "grandfathered" or non-
conforming.
41011 411
February 11, 1993
Uuiversity Commons
Page 2
An explanation of the history of this property will clarify this
determination, and follows. The property was developed under the
site plan named "Georgetown Square Townhouse Apartments. " It was
built in 1972 when the property was zoned R-3 , Residential. This
zoning under a prior ordinance allowed up to 35 dwelling units per
acre. The initial site plan proposed 34 side-by-side townhouse
rental units on 2 . 238 acres. At that time, site plan review was
cursory. The site was not built according to plan.
A variance (VA 83-41) was approved on July 12 , 1983 to allow the
subdivision of the 26 living units, a variance of 1. 7727 dwelling
units per acre for a total variance of 5.93 dwelling units. On May
24 , 1983 , the Albemarle County Planning Commission approved the
University Commons Condominium Final Plat. That approval was
limited to the 26 finished units. This plat shows a new parking
area, which was to allow for compliance with the Ordinance standard
of 2 spaces per apartment. It was not completed, and was bonded.
The bond was released after it was determined that the plan expired
and was therefore, void.
These basement areas may not have been completed due to the
inability to provide gravity public sewer. The interior walls are
framed, and they are roughed-in. They have been used for a laundry
area. When I visited the site prior to the court tax case, they
were full of refuse, including old appliances. It appeared that
they had been occupied by transients.
Judge Peatross, Jr. determined that "since the Planning
Commission's approval of the condominium plat did not include the
conversion of these four condominium units, as a matter of law,
they became common elements and each of the 26 owners of the units
converted have an ownership interest in these four units. "
An individual has approached the County with the proposal to obtain
ownership of these four units of common elements, and to complete
them. For file information, but not relevant to this
determination, he intends to provide low and moderate cost housing,
and substantially refurbish / repair the buildings.
A technical feasibility issue is the availability of public sewer,
which is a requirement. The site is nonconforming with respect to
parking. Approximately 21 unmarked spaces exist. The current
ordinance requires 30 units x 2 spaces/unit = 60 spaces. The
applicant proposes to provide 8 to 10 new spaces, such that the new
units will be in compliance with the ordinance. A variance is not
necessary. An as-built site plan with the proposed parking
addition will be required, and may be approved administratively.
This has been discussed with Ron Keeler, Chief of Planning.
410
February 11, 1993
Uuiversity Commons
Page 3
A situation such as this is a relevant application of the
principles of Section 6. 4 . 3 because the structure was constructed
with the clear intention of utilizing the basement area as
apartments in the future. This area has little reasonable use
available as common area. These apartment buildings are
"grandfathered, " because they were built under a prior ordinance,
and are not conforming to the current zoning with respect to
residential density. It is irrational to isolate an individual
apartment, or in this case four apartments, and not consider the
whole complex as a nonconformity.
In conclusion, conversion of these basement spaces into no more
than four apartments may occur with a site plan which shows a
minimum of 8 additional parking spaces. The condominium
subdivision plat will follow. A reasonable completion schedule for
site improvements such as installation of the parking will be
required.
cc: George St. John
Ron Keeler
Jack Rudolph
Reading File