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HomeMy WebLinkAboutVA200300011 Correspondence 2004-01-23 Al11-1kVP ��RCtNP COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville,Virginia 22902-4596 FAX(434)972-4126 TELEPHONE(434)296-5832 TTD(434)972-4012 January 23, 2004 Brenda Moon 8781 Howardsville Tpk Schuyler, VA 22969 RE: VA-2003-011 Tax Map 126, Parcel 34 Dear Ms. Moon: Per your request, enclosed is a draft copy of the Board of Zoning Appeal Minutes dated December 2, 2003. If you have any questions or need additional information, please call me at 434-296- 5832, ext. 3277. Sincerely, ,r-L-,11)_ • 4-/ -5 Ana D. Kilmer Office Associate IV Building Code and Zoning Services County Of Albemarle Enclosure (1) Page 1 of 2 Amelia McCulley From: Vinson, Thomas [Thomas.Vinson@rbccm.com] Sent: Tuesday, November 04, 2003 3:26 PM To: Amelia McCulley Cc: 'Quarries@aol.com' Subject: Regarding the Beasley Store zoning hearing. I have mixed feeling about the request to rebuild Beasley's store as an antique store and home site. Foremost I welcome the renovation of the site, and the idea of having a business and neighbors next door is exciting. My concerns, however involve utilizing the original septic field, clearing and dumping of debris on my land as well as the future common land, and the realistic feasibility of a this as a viable business. While this last concern is not relative to their approval it will have impact on what accumulates on the property. From the antique stores that I have seen around the county, the longer they are around the more they resemble junk yards. The good stuff gets picked through and what's left is trash, although even that is better than what's there now. If they upgrade the septic, and refrain from trashing my land I can live with "Antiques" and will do what I can to support their business. Respectfully submitted November 4, 2003 Thomas Vinson Lot 29 This E-Mail (including any attachments) may contain privileged or confidential information. It is intended only for the addressee(s) indicated above. The sender does not waive any of its rights, privileges or other protections respecting this information. Any distribution, copying or other use of this E-Mail or the information it contains,by other than an intended recipient, is not sanctioned and is prohibited. If you received this E-Mail in error, please delete it and advise the sender(by return E-Mail or otherwise) immediately. This E-Mail (including any attachments) has been scanned for viruses. It is believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. However, it is the responsibility of the recipient to ensure that it is virus free. The sender accepts no responsibility for any loss or damage arising in any way from its use. E-Mail received by or sent from RBC Capital Markets is subject to review by Supervisory personnel. Such communications are retained and may be produced to regulatory authorities or others with legal rights to the information. 11/4/2003 Amelia McCulley From: Jeh-Ping (Serena) Liu [j17nf©virginia.edu] Sent: Thursday, November 06, 2003 12:07 PM To: Amelia McCulley Cc: Quarries@aol.com Subject: Goolsby/Moon zoning hearing Zoning.doc Dear Amelia, My husband (Scott Zeitlin) and myself are the owners of lot 21 in The Quarries development at Schuyler. Attached please find a letter addressing our concerns about the Goolsby/Moon zoning hearing. We are leaving tomorrow for a conference at New Orleans and will not be able to attend the hearing in person. Please present our letter to the Board of Zoning Appeals for us. Thank you very much for your help! Serena Jeh-Ping (Serena) Liu, Ph.D. University of Virginia School of Medicine Department of Neuroscience Lane Rd. extended MR4, Rm 5032 Charlottesville, VA 22908 Tel: (434) 924-8647 Fax: (434)982-4380 e-mail: JL7NF©virginia.edu 1 • • November 6, 2003 To—Amelia McCulley, Zoning Administrator and Albemarle County Board of Zoning Appeals Ref—Zoning Variance request—Goolsby/Moon—Tax Parcel 126-34 8429 Schuyler Road—request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals: We loved the natural beauty around Schuyler and recently purchased Lot 21 in The Quarries development(-21 acre parcel off Havenwood Lane). Prior to our purchase, we noticed the deteriorating condition of the Goolsby/Moon property located across Route 800 from the entrance to Havenwood Lane and was concerned about it. Linda Lloyd informed us that the County had ordered that the fire-damaged structures be removed by the end of July, 2002. We were surprised to learn about the Goolsby/Moon zoning variance request after the County's demolition deadline had expired 14 months previously, and without the owner's compliance with the County order. We were very concerned after learning that the owner had sent in a request for zoning changes of the property. We are not against the construction of an antique store that could potentially benefit the Schuyler community, but we have concerns regarding the proposed location of the store, and the potential safety issues that would arise by granting a 5 feet set-back variance. In addition, pre-existing environmental hazards (buried gas tank), and inadequate drainage for a new septic system should be addressed before any zoning variances are considered. If past history is used to predict future compliance with County regulations, it seems that it could be risky to grant any zoning variances at the present time without any evidence that Goolsby/Moon are making a good faith effort to obey current County orders. We regret that we cannot attend the zoning hearing in person due to a conflict with a professional conference held in New Orleans. We thank you in advance for considering our concerns at the hearing. Sincerely, Scott Zeitlin and Jeh-Ping Liu Owners, Lot 21; The Quarries EcoVillage rrj�' � Page 1 of 1 • NOV - 4 Amelia McCulley From: Giordano, Sal [sgiordano@ny.whitecase.com] Sent: Tuesday, November 04,2003 10:34 AM To: Amelia McCulley Subject: November 11 Zoning Hearing Dear Ms. McCulley, Attached please find a letter to you and the Board of Zoning Appeals regarding the November 11th zoning hearing and the request for a variance for tax parcel 126-34. The owners are Goolsby/Moon and the address is 8429 Schuyler Road. Let this letter express our opinion concerning this variance, as we are unable to attend the zoning hearing in person. Please let me know if you have any trouble with the attachment. Best regards, Salvatore Giordano This e-mail communication is confidential and is intended only for the individual(s) or entity named above and others who have been specifically authorized to receive it. If you are not the intended recipient, please do not read, copy, use or disclose the contents of this communication to others. Please notify the sender that you have received this e-mail in error by replying to the e-mail or by telephoning (212) 819-8200 during the hours of 9:30am - 5:30pm (EST). Any other time please call (212) 819-7664. Please then delete the e-mail and any copies of it. Thank you. 11/4/2003 Salvatore Giordano and Jennifer Thomas 35-36 76th Street#307 Jackson Heights, NY 11372 Tel: (917) 880-8078 Fax: (509) 355-5885 sgiordano( whitecase.com November 3, 2003 Amelia McCulley Zoning Administrator and Albemarle County Board of Zoning Appeals Re Zoning Variance request—Goolsby/Moon—Tax Parcel 126-34 (8429 Schuyler Road—request for variance of setback requirements and usage square footage,request for an antique, gift and crafts store) Dear Ms. McCulley and Members of the Board of Zoning Appeals, As recent purchasers of a lot at The Quarries Eco-Village (and residents as of June of 2004), we wish to express our objection to the above-referenced request for variance. First of all, the owners of the lot in question, the Goolsbys, have already shown their disregard for the county by ignoring the county's mandate to remove the fire- damaged structures and to secure the other open and abandoned structures on the premises. This was to be done by July 31, 2002. They razed the old log home, removed one junked car and left an enormous pile of garbage that still remains, thereby falling quite short of what the county had required of them. Now, fourteen months later, they have asked the county for a variance to rebuild the structure in question, completely out of line with the current code. We are shocked to think that the county would even consider such a request. We think there are a number of issues that should preclude this variance from being granted. The first issues are those of health and safety. In terms of safety, this property clearly does not have the VDOT-required sight distance of 450'. Were this structure a pre-existing residence, the sight distance would be grand fathered in. Granting the variance to an antique store seems unnecessary and would only make an already unsafe situation even worse. In terms of health, there are two important issues that have not adequately been considered. Linda Lloyd, developer of The Quarries Eco-Village, hired an AOSE soils scientist to find an acceptable septic site on the property and he was unable to do so (and the county requires two acceptable sites to be located, a primary and a secondary site). It • has certainly not been shown that the old septic system (previously used by the trailer) can support both a residence and a retail establishment. This is clearly an unacceptable health risk. The second item of concern regarding health is the fact that at least two large tanks remain buried at the site, one gas tank and one oil tank. These have not been acknowledged nor has their potential impact been addressed. Clearly, granting this variance would compromise the health and safety of this area. In addition, we believe granting this variance would not be consistent with the zoning regulations as they currently stand in the Albemarle County Code. Below are excerpts from the zoning ordinances in question along with explanations of why, according to the ordinances themselves, this request for variance should not be granted. In Section 34.2 (Powers and Duties of the Board of Zoning Appeals) it is stated that "No such variance shall be authorized by the board of zoning appeals unless it finds (a) that the strict application of this ordinance would produce undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance." In response to the first requirement, (a), we would argue that following the setbacks required in this ordinance does not in any way constitute a hardship. There is already a site on this property suitable for building. There is no reason based on this requirement to grant a setback variance request. In response to the second requirement, (b), there are only three structures on Schuyler Road in Albemarle County that do not meet current setback requirements (the subject site included). The first is the structure at the corner of Route 6 and Route 800 (126-33A). That building does not have a site suitable for building and therefore meets the requirements of(a) above. The second is the structure owned by Linda Lloyd on 126- 34A (across the street from the subject property). A new residence will be built on this site and will be set back substantially further then the current structure. Hence, requirement(b) of this ordinance seems not to apply as there is no shared hardship. In response to requirement (c) of the ordinance, it seems certain the character of the district would indeed be changed by the granting of this variance request and would also be of substantial detriment to the adjacent properties. We submit therefore that not one of the three requirements under the County Code for granting a variance has been met and hence the variance should not be granted. In Section 31.2.4.1 of the Code, allowance is made for the approval of a special use permit request (echoing requirement (c) above) "upon a finding...that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent if this ordinance...and with the public health, safety and general welfare." Along the entire length of Schuyler Road (within Albemarle County) there stand solely residential structures. There are no stores or businesses on this road and the establishment of one would clearly change the "character of the district." This road is the primary entrance to the community of Schuyler. The requested use of this property would also be of substantial detriment to adjacent properties, namely to the lands of The Quarries Eco-Village. The main entrance road to The Quarries Eco-Village is directly across the street from the subject site. We have purchased our lot based upon the current zoning in this area, which is "rural areas," namely residential and agricultural and forestry uses, NOT commercial uses. All of the other owners of The Quarries Eco- Village have purchased their lots based upon this information as well. Having a commercial-use site in such a visible location would set a very dangerous precedent for this area and would alter its character radically and be a substantial detriment to the area. It seems highly unlikely that there would be enough traffic through this area to make such a store economically viable. It is easy to foresee this store degenerating into an "antique" store that resembles Sprouse's, complete with appliances and furniture lined up along Schuyler Road, sitting out in all weather and generally being an eyesore in the community. The yard could easily become a repository for architectural salvage items and this is not the type of property that visitors going to Schuyler wish to see or that other lot owners at The Quarries want to be confronted with every time they exit their community. Based on the Albemarle County Code, there seems to be absolutely no justification for granting either the set back variance as requested or the Special Use permit, and we request that the Board of Zoning Appeals turn down this request and order that both the old abandoned home and open mobile home be removed and the balance of the fire damaged structure be torn down immediately, as the County has promised to do for the last three years. Indeed, the Goolsbys have yet to comply with the county's demolition order of January 4, 2002. We request that they do so and that all of the variances requested by denied. We feel that this is obviously in the best interests of the residents of the local community. Yo . truly, 4Off4tt 41' lvatore Giordano and Jennifer Thomas Page 1 of 1 Ana Kilmer From: Amelia McCulley Sent: Monday, November 10, 2003 11:51 AM To: Ana Kilmer Subject: FW: Zoning Variance request ? Goolsby/Moon ?Tax Parcel 126- Please copy for the BZA. Original Message From:Timothy Brady [mailto:letychriswhit@yahoo.com] Sent: Monday,November 10,2003 11:47 AM To: amcculle@albemarle.org Cc: Quarries@aol.com Subject:Zoning Variance request?Goolsby/Moon ?Tax Parcel 126-34 Please see attached document concerning the Zoning Variance request—Goolsby/Moon —Tax Parcel 126-34 Thank you Tim Brady Do you Yahoo!? Protect your identity with Yahoo! Mail AddressGuard 11/10/2003 The Brady Family Havenwood Lane Schuyler, VA 22969-1801 (434) 985-4395 November 10, 2003 To: Amelia McCulley, Zoning Administrator and Albemarle County Board of Zoning Appeals Subject: Zoning Variance request—Goolsby/Moon—Tax Parcel 126-34 8429 Schuyler Road Request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals: My family and I would like to express our opposition to the Request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store. Goolsby/Moon—Tax Parcel 126-34. As Linda Lloyd and others have pointed out, the request, on a purely technical level does not meet the litmus test for a hardship variance, based on the economics, set back provisions, and lack of viable septic locations. But our opposition goes beyond the technical intricacies of the situation. Schuyler, the Quarries, and the surrounding community offer something very special for its current and future residents. It offers an opportunity to live and work in an environment unique to Albermarle county; in fact, unique to just about any area you can name. We chose to build our dreams in Schuyler after an exhaustive, extended search for property in Albermarle, Green, Nelson, Louisa, Orange, and Fluvanna. Schuyler's beauty and history speak for itself, as anyone who has visited would surely agree. It is absolutely the best place for our family to live and grow. Schuyler and the Quarries affords the hope for a simple lifestyle, at the same time demanding tolerance and a celebration of diversity. My wife is from Mexico; I am from the hills of West Virginia, and our two children are proud citizens of both worlds. We want to be good neighbors. I am sure we will feel "at home" in Schuyler. And that's where the real difficulty in this situation arises. We can only speak for ourselves,but after meeting some of the Quarries "people" and talking with others, we think it safe to say that no one wants this deteriorate into us versus them, newcomers versus established residents. No one likes to see someone come into their community and tell them how to live. But that is not what this is about. This is about a quality of life for everyone. People who live in Schuyler and those of us who want to live there should have the same goals: to live in a great place, to be great neighbors, to recognize the importance of planned progress, and to maintain the unique character that is Schuyler. Granting the variance speaks to none of these common goals. We respectively request that the variance be denied. Thank you Timothy A. Brady and family Ana Kilmer From: Amelia McCulley Sent: Monday, November 10, 2003 2:46 PM To: Ana Kilmer Subject: FW: zoning hearing Beasley_MEM01..d ATT76669.txt oc For mtg tomorrow. Original Message From: Fred Oesch [mailto:hfoesch@mindspring.com] Sent: Monday, November 10, 2003 1:00 PM To: amcculle@albemarle.org Subject: Re: zoning hearing 1 Memo • To: Amelia McCulley, Zoning Administrator Albemarle County Board of Zoning Appeals From: Fred Oesch 8683 Schuyler Rd. Schuyler, VA. 22969 (434) 831-1003 Date: November 10, 2003 Re: Zoning Variance request — Goolsby/Moon — Tax Parcel 126-34 8429 Schuyler Road — request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals, I wish to go on record in strong opposition to granting the Zoning Variance request referenced above. I am the owner of three parcels of land, including my home residence, all of which front Schuyler Rd., within 1/2 mile of 8429 Schuyler Rd. While I have no objection to the request for an Antique Shop per se, this particular location is not appropriate for such use, for the following reasons: 1. 8429 Schuyler Rd. is directly across the road from the new Havenwood Lane primary entrance road to the Quarries EcoVillage. Upon road completion and the sale of all EcoVillage lots, this will at times become a busy intersection. Schuyler Rd. takes a sharp bend at this intersection, and the addition of a new required commercial entrance to access the proposed Antique Shop would create a potentially dangerous condition. There is not currently sufficient site distance for a commercial entrance, and would require extensive tree clearing and grading for a long distance along Schuyler Rd., if it is even possible to comply with VDOT requirements at all. In addition this would certainly adversely impact the beautiful aesthetic character of this tree lined entry corridor to the greater Schuyler community. 2. Due to the shape, existing topography, and soils on the site, it is questionable whether an approvable septic system could be installed which would service a public facility and possible residence. I understand that there are also buried gas and oil tanks on site within 50' of two wells. 3. Referencing Section 34.2 Powers and Duties of the Board of Zoning Appeals: I find that a) denying this request would not produce undue hardship, b) that such professed hardship is not unique, and c) that an Antique Shop in this location certainly could have an adverse impact on the character of the area. There is an existing residential building site on this parcel which could be utilized without a variance, therefore there is no hardship. Also, the setback restriction is shared by every other property along the Schuyler Rd. corridor. I personally applied for a variance request regarding my property at the intersection of Rt. 6 and Schuyler Rd. in Sept. 2002. I was granted a variance partially because my hardship was unique. (Staff Report VA-02-021) In my case there literally was no place on the entire parcel where a structure could be located without a variance. Regarding the impact of the character of the area, this is exclusively a residential thoroughfare, directly across from an environmentally responsive formative EcoVillage. There is no local board of architectural review, other than within the EcoVillage itself, which has any control regarding the aesthetic character of the proposed commercial building now or in the future. Therefore there is no assurance whatsoever that the proposed Antique Shop would even be compatible with adjacent homes, much less as a stand alone commercial facility. There is further concern regarding the business viability of an Antique Shop in this location. A potentially vacant or abandoned commercial building in this location, could create an even more unpleasant eye sore than has existed there already for many years, as the County has not even enforced the removal of the burned and abandoned structures that are there now. For all the reasons stated above, I respectfully request that the Board of Zoning Appeals deny this variance request. Thank you for your time and consideration of this matter. Respectfully submitted, Fred Oesch THE QUARRIES LLC 8624 Schuyler Road Schuyler, VA 22969-1801 (434)831-1020 fax — 831-1021 quarries@aol.com www.thequarries.com Linda Lloyd 9/16/3 Dear Bobbie and Brenda — I am following up with you about the possible electric easement across your property (The old Beasley Store) to upgrade the existing line going across to the yellow house. We have flagged in pink an alternative route —that goes from near the driveway to Calvin Loving's cabin across Route 800 to another pink flag. This route will require the removal of a 40' wide swath of trees some 300-400' long — this will look terrible and take many many years to fill in. The alternative would require the removal of one mimosa (not a tree that you would want to have) and the trimming of two others on your property. I have a compromise suggestion --- if you would agree to that easement — I would reimburse you $500 for the value of the trees to be trimmed — and would also go to the County and support your variance request ---- as the owner/developer of all the land that surrounds that property my weight with the Zoning Board would be quite helpful in getting your approval through the County. I believe we should all work together to benefit each other. If you do not yet own the property, you could ask the Goolsbys to sign the easement and tell them that you agree. I will still give you the $500. PLEASE consider this — I certainly would prefer saving hundreds of trees and cutting that swath across Route 800. Thanks for your consideration. As we have two houses under construction waiting for power, a prompt decision would be helpful. tt hviek Linda Lloyd Amelia McCulley J From: Vinson, Thomas [Thomas.Vinson@rbccm.com] Sent: Tuesday, November 04, 2003 3:26 PM To: Amelia McCulley Cc: 'Quarries@aol.com' Subject: Regarding the Beasley Store zoning hearing. I have mixed feeling about the request to rebuild Beasley's store as an antique store and home site. Foremost I welcome the renovation of the site, and the idea of having a business and neighbors next door is exciting. My concerns, however involve utilizing the original septic field, clearing and dumping of debris on my land as well as the future common land, and the realistic feasibility of a this as a viable business. While this last concern is not relative to their approval it will have impact on what accumulates on the property. From the antique stores that I have seen around the county, the longer they are around the more they resemble junk yards. The good stuff gets picked through and what's left is trash, although even that is better than what's there now. If they upgrade the septic, and refrain from trashing my land I can live with "Antiques" and will do what I can to support their business. Respectfully submitted November 4, 2003 Thomas Vinson Lot 29 This E-Mail (including any attachments) may contain privileged or confidential information. It is intended only for the addressee(s) indicated above. The sender does not waive any of its rights, privileges or other protections respecting this information. Any distribution, copying or other use of this E-Mail or the information it contains, by other than an intended recipient, is not sanctioned and is prohibited. If you received this E-Mail in error, please delete it and advise the sender(by return E-Mail or otherwise) immediately. This E-Mail(including any attachments)has been scanned for viruses. It is believed to be free of any virus or other defect that might affect any computer system into which it is received and opened. However, it is the responsibility of the recipient to ensure that it is virus free. The sender accepts no responsibility for any loss or damage arising in any way from its use. E-Mail received by or sent from RBC Capital Markets is subject to review by Supervisory personnel. Such communications are retained and may be produced to regulatory authorities or others with legal rights to the information. 11/4/2003 Amelia McCulley 1 From: Giordano, Sal (sgiordano@ny.whitecase.com] --. Sent: Tuesday, November 04, 2003 10:34 AM To: Amelia McCulley Subject: November 11 Zoning Hearing Dear Ms. McCulley, Attached please find a letter to you and the Board of Zoning Appeals regarding the November 11th zoning hearing and the request for a variance for tax parcel 126-34. The owners are Goolsby/Moon and the address is 8429 Schuyler Road. Let this letter express our opinion concerning this variance, as we are unable to attend the zoning hearing in person. Please let me know if you have any trouble with the attachment. Best regards, Salvatore Giordano This e-mail communication is confidential and is intended only for the individual(s) or entity named above and others who have been specifically authorized to receive it. If you are not the intended recipient, please do not read, copy, use or disclose the contents of this communication to others. Please notify the sender that you have received this e-mail in error by replying to the e-mail or by telephoning (212) 819-8200 during the hours of 9:30am - 5:30pm (EST). Any other time please call (212) 819-7664. Please then delete the e-mail and any copies of it. Thank you. 11/4/2003 Salvatore Giordano and Jennifer Thomas 35-36 76th Street#307 Jackson Heights,NY 11372 Tel: (917) 880-8078 Fax: (509) 355-5885 sgiordano@whitecase.com November 3, 2003 Amelia McCulley Zoning Administrator and Albemarle County Board of Zoning Appeals Re Zoning Variance request—Goolsby/Moon—Tax Parcel 126-34 (8429 Schuyler Road—request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store) Dear Ms. McCulley and Members of the Board of Zoning Appeals, As recent purchasers of a lot at The Quarries Eco-Village (and residents as of June of 2004), we wish to express our objection to the above-referenced request for variance. First of all, the owners of the lot in question, the Goolsbys, have already shown their disregard for the county by ignoring the county's mandate to remove the fire- damaged structures and to secure the other open and abandoned structures on the premises. This was to be done by July 31, 2002. They razed the old log home, removed one junked car and left an enormous pile of garbage that still remains, thereby falling quite short of what the county had required of them. Now, fourteen months later, they have asked the county for a variance to rebuild the structure in question, completely out of line with the current code. We are shocked to think that the county would even consider such a request. We think there are a number of issues that should preclude this variance from being granted. The first issues are those of health and safety. In terms of safety, this property clearly does not have the VDOT-required sight distance of 450'. Were this structure a pre-existing residence, the sight distance would be grand fathered in. Granting the variance to an antique store seems unnecessary and would only make an already unsafe situation even worse. In terms of health, there are two important issues that have not adequately been considered. Linda Lloyd, developer of The Quarries Eco-Village, hired an AOSE soils scientist to find an acceptable septic site on the property and he was unable to do so (and the county requires two acceptable sites to be located, a primary and a secondary site). It has certainly not been shown that the old septic system (previously used by the trailer) can support both a residence and a retail establishment. This is clearly an unacceptable health risk. The second item of concern regarding health is the fact that at least two large tanks remain buried at the site, one gas tank and one oil tank. These have not been acknowledged nor has their potential impact been addressed. Clearly, granting this variance would compromise the health and safety of this area. In addition, we believe granting this variance would not be consistent with the zoning regulations as they currently stand in the Albemarle County Code. Below are excerpts from the zoning ordinances in question along with explanations of why, according to the ordinances themselves, this request for variance should not be granted. In Section 34.2 (Powers and Duties of the Board of Zoning Appeals) it is stated that "No such variance shall be authorized by the board of zoning appeals unless it finds (a) that the strict application of this ordinance would produce undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance." In response to the first requirement, (a), we would argue that following the setbacks required in this ordinance does not in any way constitute a hardship. There is already a site on this property suitable for building. There is no reason based on this requirement to grant a setback variance request. In response to the second requirement, (b), there are only three structures on Schuyler Road in Albemarle County that do not meet current setback requirements (the subject site included). The first is the structure at the corner of Route 6 and Route 800 (126-33A). That building does not have a site suitable for building and therefore meets the requirements of(a) above. The second is the structure owned by Linda Lloyd on 126- 34A (across the street from the subject property). A new residence will be built on this site and will be set back substantially further then the current structure. Hence, requirement(b) of this ordinance seems not to apply as there is no shared hardship. In response to requirement (c) of the ordinance, it seems certain the character of the district would indeed be changed by the granting of this variance request and would also be of substantial detriment to the adjacent properties. We submit therefore that not one of the three requirements under the County Code for granting a variance has been met and hence the variance should not be granted. In Section 31.2.4.1 of the Code, allowance is made for the approval of a special use permit request (echoing requirement (c) above) "upon a finding...that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent if this ordinance...and with the public health, safety and general welfare." i ru Along the entire length of Schuyler Road (within Albemarle County) there stand solely residential structures. There are no stores or businesses on this road and the establishment of one would clearly change the "character of the district." This road is the primary entrance to the community of Schuyler. The requested use of this property would also be of substantial detriment to adjacent properties, namely to the lands of The Quarries Eco-Village. The main entrance road to The Quarries Eco-Village is directly across the street from the subject site. We have purchased our lot based upon the current zoning in this area, which is "rural areas," namely residential and agricultural and forestry uses, NOT commercial uses. All of the other owners of The Quarries Eco- Village have purchased their lots based upon this information as well. Having a commercial-use site in such a visible location would set a very dangerous precedent for this area and would alter its character radically and be a substantial detriment to the area. It seems highly unlikely that there would be enough traffic through this area to make such a store economically viable. It is easy to foresee this store degenerating into an"antique" store that resembles Sprouse's, complete with appliances and furniture lined up along Schuyler Road, sitting out in all weather and generally being an eyesore in the community. The yard could easily become a repository for architectural salvage items and this is not the type of property that visitors going to Schuyler wish to see or that other lot owners at The Quarries want to be confronted with every time they exit their community. Based on the Albemarle County Code, there seems to be absolutely no justification for granting either the set back variance as requested or the Special Use permit, and we request that the Board of Zoning Appeals turn down this request and order that both the old abandoned home and open mobile home be removed and the balance of the fire damaged structure be torn down immediately, as the County has promised to do for the last three years. Indeed, the Goolsbys have yet to comply with the county's demolition order of January 4, 2002. We request that they do so and that all of the variances requested by denied. We feel that this is obviously in the best interests of the residents of the local community. Yo • truly, # 1 oi4-` 4- 40.,,,. ! 4 li . . . vatore Giordano and Jennifer Thomas Amelia McCulley From: Jeh-Ping (Serena) Liu 0l7nf©virginia.edu] Sent: Thursday, November 06, 2003 12:07 PM To: Amelia McCulley Cc: Quarries©aol.com Subject: Goolsby/Moon zoning hearing tik Zoning.doc Dear Amelia, My husband (Scott Zeitlin) and myself are the owners of lot 21 in The Quarries development at Schuyler. Attached please find a letter addressing our concerns about the Goolsby/Moon zoning hearing. We are leaving tomorrow for a conference at New Orleans and will not be able to attend the hearing in person. Please present our letter to the Board of Zoning Appeals for us. Thank you very much for your help! Serena Jeh-Ping (Serena) Liu, Ph.D. University of Virginia School of Medicine Department of Neuroscience Lane Rd. extended MR4, Rm 5032 Charlottesville, VA 22908 Tel: (434)924-8647 Fax: (434) 982-4380 e-mail: JL7NF©virginia.edu 1 November 6, 2003 To—Amelia McCulley, Zoning Administrator and Albemarle County Board of Zoning Appeals Ref—Zoning Variance request—Goolsby/Moon—Tax Parcel 126-34 8429 Schuyler Road—request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals: We loved the natural beauty around Schuyler and recently purchased Lot 21 in The Quarries development (-21 acre parcel off Havenwood Lane). Prior to our purchase, we noticed the deteriorating condition of the Goolsby/Moon property located across Route 800 from the entrance to Havenwood Lane and was concerned about it. Linda Lloyd informed us that the County had ordered that the fire-damaged structures be removed by the end of July, 2002. We were surprised to learn about the Goolsby/Moon zoning variance request after the County's demolition deadline had expired 14 months previously, and without the owner's compliance with the County order. We were very concerned after learning that the owner had sent in a request for zoning changes of the property. We are not against the construction of an antique store that could potentially benefit the Schuyler community,but we have concerns regarding the proposed location of the store, and the potential safety issues that would arise by granting a 5 feet set-back variance. In addition, pre-existing environmental hazards (buried gas tank), and inadequate drainage for a new septic system should be addressed before any zoning variances are considered. If past history is used to predict future compliance with County regulations, it seems that it could be risky to grant any zoning variances at the present time without any evidence that Goolsby/Moon are making a good faith effort to obey current County orders. We regret that we cannot attend the zoning hearing in person due to a conflict with a professional conference held in New Orleans. We thank you in advance for considering our concerns at the hearing. Sincerely, • Scott Zeitlin and Jeh-Ping Liu Owners, Lot 21; The Quarries EcoVillage Ana Kilmer From: Amelia McCulley Sent: Monday, November 10, 2003 11:51 AM To: Ana Kilmer Subject: FW: Zoning Variance request ? Goolsby/Moon ? Tax Parcel 126- Please copy for the BZA. Original Message From:Timothy Brady [mailto:letychriswhit@yahoo.com] Sent: Monday,November 10,2003 11:47 AM To: amcculle@albemarle.org Cc: Quarries@aol.com Subject:Zoning Variance request?Goolsby/Moon ?Tax Parcel 126-34 Please see attached document concerning the Zoning Variance request— Goolsby/Moon —Tax Parcel 126-34 Thank you Tim Brady Do you Yahoo!? Protect your identity with Yahoo! Mail AddressGuard • 11/10/2003 The Brady Family Havenwood Lane Schuyler, VA 22969-1801 (434) 985-4395 November 10, 2003 To: Amelia McCulley, Zoning Administrator and Albemarle County Board of Zoning Appeals Subject: Zoning Variance request—Goolsby/Moon —Tax Parcel 126-34 8429 Schuyler Road Request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals: My family and I would like to express our opposition to the Request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store. Goolsby/Moon— Tax Parcel 126-34. As Linda Lloyd and others have pointed out, the request, on a purely technical level does not meet the litmus test for a hardship variance, based on the economics, set back provisions, and lack of viable septic locations. But our opposition goes beyond the technical intricacies of the situation. Schuyler, the Quarries, and the surrounding community offer something very special for its current and future residents. It offers an opportunity to live and work in an environment unique to Albermarle county; in fact, unique to just about any area you can name. We chose to build our dreams in Schuyler after an exhaustive, extended search for property in Albermarle, Green, Nelson, Louisa, Orange, and Fluvanna. Schuyler's beauty and history speak for itself, as anyone who has visited would surely agree. It is absolutely the best place for our family to live and grow. Schuyler and the Quarries affords the hope for a simple lifestyle, at the same time demanding tolerance and a celebration of diversity. My wife is from Mexico; I am from the hills of West Virginia, and our two children are proud citizens of both worlds. We want to be good neighbors. I am sure we will feel "at home" in Schuyler. And that's where the real difficulty in this situation arises. We can only speak for ourselves, but after meeting some of the Quarries "people" and talking with others, we think it safe to say that no one wants this deteriorate into us versus them, newcomers versus established residents. No one likes to see someone come into their community and tell them how to live. But that is not what this is about. This is about a quality of life for everyone. People who live in Schuyler and those of us who want to live there should have the same goals: to live in a great place, to be great neighbors, to recognize the importance of planned progress, and to maintain the unique character that is Schuyler. Granting the variance speaks to none of these common goals. We respectively request that the variance be denied. Thank you Timothy A. Brady and family Ana Kilmer From: Amelia McCulley Sent: Monday, November 10, 2003 2:46 PM To: Ana Kilmer Subject: FW: zoning hearing t Beasley_MEMO1..d ATT76669.txt oc For mtg tomorrow. Original Message From: Fred Oesch [mailto:hfoesch©mindspring.com] Sent: Monday, November 10, 2003 1:00 PM To: amcculle@albemarle.org Subject: Re: zoning hearing 1 Memo . To: Amelia McCulley, Zoning Administrator Albemarle County Board of Zoning Appeals From: Fred Oesch 8683 Schuyler Rd. Schuyler, VA. 22969 (434) 831-1003 Date: November 10, 2003 Re: Zoning Variance request — Goolsby/Moon — Tax Parcel 126-34 8429 Schuyler Road — request for variance of setback requirements and usage square footage, request for an antique, gift and crafts store Dear Members of the Board of Zoning Appeals, I wish to go on record in strong opposition to granting the Zoning Variance request referenced above. I am the owner of three parcels of land, including my home residence, all of which front Schuyler Rd., within 1/2 mile of 8429 Schuyler Rd. While I have no objection to the request for an Antique Shop per se, this particular location is not appropriate for such use, for the following reasons: 1. 8429 Schuyler Rd. is directly across the road from the new Havenwood Lane primary entrance road to the Quarries EcoVillage. Upon road completion and the sale of all EcoVillage lots, this will,at times become a busy intersection. Schuyler Rd. takes a sharp bend at this intersection, and the addition of a new required commercial entrance to access the proposed Antique Shop would create a potentially dangerous condition. There is not currently sufficient site distance for a commercial entrance, and would require extensive tree clearing and grading for a long distance along Schuyler Rd., if it is even possible to comply with VDOT requirements at all. In addition this would certainly adversely impact the beautiful aesthetic character of this tree lined entry corridor to the greater Schuyler community. 2. Due to the shape, existing topography, and soils on the site, it is questionable whether an approvable septic system could be installed which would service a public facility and possible residence. I understand that there are also buried gas and oil tanks on site within 50' of two wells. 3. Referencing Section 34.2 Powers and Duties of the Board of Zoning Appeals: I find that a) denying this request would not produce undue hardship, b) that such professed hardship is not unique, and c) that an Antique Shop in this location certainly could have an adverse impact on the character of the area. There is an existing residential building site on this parcel which could be utilized without a variance, therefore there is no hardship. Also, the setback restriction is shared by every other property along the Schuyler Rd. corridor. I personally applied for a variance request regarding my property at the intersection of Rt. 6 and Schuyler Rd. in Sept. 2002. I was granted a variance partially because my hardship was unique. (Staff Report VA-02-021) In my case there literally was no place on the entire parcel where a structure could be located without a variance. Regarding the impact of the character of the area, this is exclusively a residential thoroughfare, directly across from an environmentally responsive formative EcoVillage. There is no local board of architectural review, other than within the EcoVillage itself, which has any control regarding the aesthetic character of the proposed commercial building now or in the future. Therefore there is no assurance whatsoever that the proposed Antique Shop would even be compatible with adjacent homes, much less as a stand alone commercial facility. There is further concern regarding the business viability of an Antique Shop in this location. A potentially vacant or abandoned commercial building in this location, could create an even more unpleasant eye sore than has existed there already for many years, as the County has not even enforced the removal of the burned and abandoned structures that are there now. For all the reasons stated above, I respectfully request that the Board of Zoning Appeals deny this variance request. Thank you for your time and consideration of this matter. Respectfully submitted, Fred Oesch