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County of Albemarle
Department of Community Development
Memorandum
To: Joan McDowell, Principal Planner for Rural Areas
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: December 12, 2008
Subject: S.P. 2008 -58 Harris Garage Amendment
The special use permit amendment application in conjunction with a site plan amendment, are
intended to abate the current zoning violation. (Please see the inserted Notice of Zoning Violation.)
Based on our observations on July 16th and 23rd, we found the following violations of conditions of the
prior special use permit:
1. Automobiles are beino repaired outside the oaraoe.
Condition #11: All repairing or equipping of vehicles shall take place inside the existing
garage, with the exception of vehicles being repaired on the vehicle lift located adjacent to
the garage;
2. There are materials, vehicle parts, equipment and iunk outside (such as in the area of the
exterior vehicle lift located adiacent to the garage).
Condition #12: The outdoor storage of parts, equipment, machinery and junk is
prohibited,
3. There are 14 — 25 vehicles (more than the 10 permitted) located outside the enclosed structure
Condition #13: No more than a total of ten (10) vehicles associated with the
public garage use shall be located outside any enclosed structure. All vehicles
associated with the public garage use shall be parked only in the gravel parking
area shown on the plan titled "SP 01 -49 Harris Garage Concept Plan, " which is
made of part of these conditions. "Vehicles associated with the public garage
use" include, but are not limited to, the vehicles of the public garage customers;
and the vehicles of the owner or occupant of the property, or any other person,
that: (a) are inoperable vehicles within the meaning of section 3.1 of the Zoning
Ordinance; (b) are being or will be repaired, equipped, restored, refurbished, or
painted; (c) are having or will have body work performed on them; or (d) are
having or will have their parts or equipment removed, to be used in the repair or
equipping of other vehicles or to be sold;
4. The parking area has been expanded beyond the gravel parking area shown on the plan
referred to in condition #13.
In addition, there are several site plan violations, including the need for a critical slopes waiver for fill
on critical slopes.
The Notice of Violation dated August 29th was not appealed and is therefore final and unappealable.
The submittal of a special use permit and site plan to abate the violations do not automatically serve to
stay any further enforcement proceedings.
Page 2
Zoning Review Comments SP 2008 -58 Harris Garage Amendment
December 12, 2008
Because the site plan is integral to the special use permit (and will be part of that approval) in a case
such as this, my comments will include both items.
1. I recommend a revision to condition #11 to clarify permitted activities within the existing
carports within the parking area. This revision should simply state "No repairing or equipping
of vehicles shall be permitted within the carports." Vehicle restoration is considered repairing
or equipment of vehicles.
2. 1 recommend a revision to condition #13 that allows no more than 15 vehicles related to the
business (customers and employees) and that requires any non - business or personal vehicles
to be parked within the parking area designated. I also request that the applicant revise the
plan to tie down the personal parking area on the ground, preferably with a surveyed location
or at least with some area and location measurements. The purpose of this is to clarify the
administration of this requirement and eliminate questions in the event of future expansion.
3. It may be advisable to require screening on this property between the parking for personal
vehicles and the adjoining property line.
4. Please review the critical slopes waiver concurrently with the special use permit. That then
gives us direction and will streamline the site plan review.
5. The plan does not indicate the location of the existing septic field and it should. Is it in the area
of the fill? If so, Health Department review should be obtained.
6. Please be aware that the existing garage contains an additional work bay than the prior special
use permit plan proposed. This should be stated in the record for this application. This is due
to a building addition to accommodate the exterior lift. Please include a condition of approval
that limits the number of service bays. This is in an effort to clarify the limitation of the intensity
of this use. It is similar to conditions that limit enrollment in a school or sanctuary size in a
church.
7. The plan shows a proposed easement on the adjoining property to accommodate the existing
entrance and driveway. Evidence of this easement should be provided by the applicant.
8. Please note on the plan what the three bold lines are on the perimeter of the garage area.
9.
FAX (434) 972 -4126
or
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COUNTY OF ALBEMARLE
Community Development Department
401 McIntire Road
Charlottesville, Virginia 22902 -4596
TELEPHONE (434).296 -5832
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
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TTD (434) 972 -4012
The Date this Notice of Determination is given is August 29, 2008. No: VIO- 2008 -150
CERTIFIED MAIL # 7007 2680 0002 8731 2090
Thomas H. Jr. or Theresa Harris
6929 Markwood Road
Earlysville, VA 22936
Property: 00800- 00- 00 -035AO Same As Above
Tax Map and Parcel Number Owner of Record
Zoning: Rural Area [RA] District
Dear Mr. & Mrs. Harris,
This notice is to inform you that the above described property is in violation of the Albemarle County
Zoning Ordinance. This conclusion is based on the fact that a Code Enforcement Officer visited the listed
property on July 16, 2008 and July 23, 2008 and found that the following conditions existed:
I. The following circumstances on the parcel are not in compliance with the stated conditions of the
approved Special Use Permit SP- 2001- 049/Thomas Harris; Tax Map 8 Parcel 35A:
A. Automobiles are being repaired outside the garage: a violation of Condition #11.
B. There are materials, vehicle parts, equipment and junk outside: a violation of Condition 412.
C. There are 14 — 25 vehicles located outside the enclosed structure and anew parking area is
being installed: both are violations of Condition 413.
II. The following circumstances on the parcel are not in compliance with (are not shown on) the
approved site plan dated 612212004:
A. The paving of the parking area;
B. The addition of the paved parking area directly adjacent to the garage;
C. The relocation of the dumpster, and
D. The addition of two (2) carport structures.
IIL Dirt, rock, asphalt and concrete has peen filled (on the eastern part of the parcel in the location of
the exterior vehicle lift) on critical slopes (slopes of 25% or greater) without approval of a waiver.
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VIO- 2008 -150 Page 2 August 29, 2008
The described use or structure did not exist prior to the zoning ordinance(s) it violates. Therefore, it j
cannot be considered a legal, but non - conforming use -or structure: Your use and/or structure have
been determined to violate the following sections) of the Zoning Ordinance:
31.2.4.3 SPECIAL USE PERMIT CONDITIONS
32.2 SITE PLAN WHEN REQUIRED
36.1 VIOLATIONS - GENERALLY
4.2 CRITICAL SLOPES
This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to
comply with this notice will result in legal action being taken against you and any other owner or tenant.
In addition, you must bring the property into compliance by September 29, 2008 to avoid court action.
Compliance past this date does not preclude the County from pursuing legal action.
In accordance with Section 15.2 -2311 of the Code of Virginia, you may appeal this finding if you disagree
with this determination. An appeal must be made within thirty (30) days of the date this notice is given.
If you do not file a timely appeal, this determination shall be final. An appeal application must be
completed and filed with the Zoning Administrator and the Board of Zoning Appeals. A one time
processing fee of $120 must accompany the appeal application.
If you have any questions, please contact Lisa Green, Code Enforcement Officer, at 434 - 296 -5832
0013.
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