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Home My WebLink AboutSDP197800034 Action Letter 1981-05-11 _ a la • 'i�rc t tip% _ Department of Planning ROBERT W. TUCKER.JR. 1304/296-5023 RONALD S. KEELER DIRECTOR OP PLANNING _ 414 EAST MARKET STREET ASSISTANT DIRECTOR OF PLANNING CHARLOTTESVI..LE, VIRGINIA 22001• R. KEITH MAL3C May 11, 1981 PRINCIPAL PLANNER NANCY MASON CAPERTON CcNIof PL.AN..:_R Mr. Byron Coburn KATHERINE L. IMHOFF Virginia Department of Highways and Transportation PLANNER Post Office Box 910 Charlottesville, Virginia 22902 RE: Permit No. 767396 Route 6, Albemarle County Dear Mr. Coburn: Let me apologize at. the outset for this tardy response to your written inquiry of March 5, 1981. While we have discussed this matter since that date, written response is appropriate. - You state in your letter that Mr. Percy Clark indicated in a phone conversation that the County had relieved him of conditions addressing a commercial entrance permit, I have reviewed the special use permit and site plan files for this property and have enclosed copies of the Planning Commission's and Board of Supervisors' actions in both matters for your review. As you can see, the Board clearly required "Highway Department approval of entrances" as a condition of approval of the special use permit on July 12, 1978. Subsequently, the Planning Commission, on October 24, 1978, included two conditions addressing entrances as part of site plan approval. These conditions read as follows: - Highway Department and County Engineering Department approval of curbing to restrict access; - Highway Department approval of the commercial entrance, (permit required) . . Since these conditions were specifically imposed by the Commission and Board, only those bodies can proNTide Mr. Clark with relief from these requirement::.. Correspondence from the prior Zoning Administrator, Mr. Benjamin Dick, copies of which I have enclosed, indicate that Mr. Clark was not cooperative in complying with the Planning Commission's and Board of Supervisors' conditions of approval. At this writing, though requested by the Zoning Administrator more than a year ago, Mr. Clark has not posted a bond to insure completion of site plan improve- ments including the commercial entrance. This is a matter of enforcement most appropriately addressed by Robert E. Vaughn, the cm rent Zoning Administrator. I recommend that you contact Mr. Vaughn as to proce6ures and alternatives avai.lal)le to the Highway Department and Comity to insu:e compliance with the Planning Con1Lllissicn and Board of Supervisors' approval. Mr. Byron Coburn Virginia Department of Highways and Transportation - May 11, 1981 Page two If you have any questions or if I may be of assistance, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Assistant Director of Planning RSK:slr Enclosures /1 1. cc: Mr. Percy Clark �/`Arr/�� National Grange Mutual Insurance Company / /0 A1V // C ,!} Mr. Guy B. Agnor, County Executive 66"C�S UII[ e 2`/�t J9O C., Mr. Robert E. Vaughn, Director of Inspections HAROLD C KING,COMMISSIONER \ LEO E BUSSER,III / 1t DEPUTY COMMISSIONER&CHIEF ENGINEER LEONARD R HALL,BRISTOL,BRISTOL DISTRICT oz 1 t e, � \ J T WARREN r14�/ HORACE G FRALIN,ROANOKE SALEM DISTRICT 1 DIRECTOR OF ADMINISTRATION o% � I WILLIAM E ANDERSON,DANVI LLE,LYNCHBURG DISTRICT �u jr J M WRAV,JR WILLIAM F MOHR,RICHMOND,RICHMOND DISTRICT to ',I ji N� DIRECTOR OF OPERATIONS WILLIAM T ROOS,YORKTOWN,SUFFOLK DISTRICT _. _ H R PER KINSON,JR DIRECTOR OF PROGRAM MANAGEMENT WILLIAM T ROBINSON,WEST POINT,FREDERICKSBURG DISTRICT W L BRITTLE,JR WILLIAM B WRENCH,SPRINGFIELD,CULPEPER DISTRICT DIRECTOR OF ENGINEERING ROBERT S.LANDES,STAUNTON,STAUNTON DISTRICT COMMONWEALTH of VIR I e OSCAR K MABRY T RAY HASSELL,III,CHESAPEAKE AT LARGE URBAN DIRECTOR OF PLANNING CHARLES S.HOOPER,JR,CREWE,AT LARGE-RURAL DEPARTMENT OF HIGHWAYS & TRANSPORTATION xSlflIF34sxaRH CXXPREIEx R CS10 321 P.O. Box #910 Charlottesville, Virginia 22902 March 5, 1981 9 Permit No. 767396 RECEIVED r0 Route 6, Albemarle County Mr. Ron Keeler JUFTM ,1j County of Albemarle ALBEMARLE 414 E. Market Street Charlottesville, Virginia 22901 �� Dear Mr. Keeler: On December 29, 1978, the Highway Department issued a permit to construct a 50' commercial entrance, 12' wide deceleration lane with 6" curb along Route 6 at Clark's Grocery. This permit expired on December 19, 1979, without the completion of the 50' entrance or the curbing to restrict entrance to a specific point. On January 22, 1981, we wrote to Mr. Clark requesting that he reinstate the permit in order that it be completed in the upcoming construction season. (Copy at- tached) . We have since contacted Mr. Clark by phone and he indicated that he was relieved of the conditions of a commercial permit by the County. The purpose of this letter is to make you aware of this apparent intention since we recognize the requirement to construct the commercial entrance and limit the access was a condition of the site plan and special permit. Therefore, we feel failure to do so is a violation of the special permit and site plan. I am by copy of this letter to the bonding company requesting their assistance in getting Mr. Clark to com- plete the entrance as indicated on his permit. Please advise if the County has in fact relieved Mr. Clark of commercial permit requirements . If you should have any further questions, please advise. Very truly yours, D.S. Roosevelt Resident Engineer WBCjr./al By: W.B. Coburn, Jr. cc: Mr. G.B. Agnor Ass 't. Resident Engi eer Mr. R.M. Ketner, III National Grange Mutual Ins. Co. Mr. Percy Clark I.a- TRANSPORTATION - AMERICA'S LIFELINES OF AL9E-M 0 o A• A k4 G rJ : E` Inspections Department Zoning Division 414 EAST MARKET STREET i�. `ENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22901 ANDREW EVANS iBpl ss I►oriItiiir i& 1804) 226-6032 •eNIOM INSPICIQM April 17, 1979 Mk. >;fey Clark Box 77 Sehuyler VA 22969 Dear Percy w111 obtain a warrant against your unlawful occupancy as hoted ih iiiy letter of March 7, 1979 (attached) this Friday unless i hear from you personally by that date. the County will seek the maximum fine of $200.00 a day for every day you are in violation. Please contact this office forthwith. Respectfully, ,C).> exci,x6. `w J. Benjamin Dick Zoning Administrator J-D/gr he; ,s-ite Plan File f 7g-18 N,c%( OF A L8E-M�9 Inspections Department Zoning Division 414 EAST MARKET STREET J. BENJAMIN DICK C1-IARLOTTESVILLE, VIRGINIA 22901 ANDREW EVANS ZONINS AOMINI (ea., 2Q6-6832 ••Nlow IN••$CTort March 7, 1979 Percy Clark Box 77 Schulyer, VA 22969 Certified No. 607727 Dear Percy: We have not heard from you on your temporary certificate of occupancy and site plan bond. I have spoken with the County Attorney's office on accepting a form of surety that guarantees the site plan compliance, yet allows you enough flexibility to meet it. Please contact this office by March 12, 1979, or I must again proceed with a warrant for violation of the Zoning Ordinance. Respectfully, J. Benjamin Dick Zoning Administrator JBD/gr. cc: Clark's Store Site Plan File