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Home My WebLink AboutCLE201000048 Review Comments Zoning Clearance 2010-03-19Application for Zoning Clearance G//��//-�� ) C LE �$ V , /Zoning Clearance = $35 OFFICE USE ONLY Check # ZL. Ll S Date: PLEASE REVIEW ALL 3 SHEETS Receipt # °% Staff: PARCEL INFORMATION - Tax Map and Parcel: eD ,(/ Existing Zoning C-- Parcel Owner: k �p e rbDes --k eS LL Parcel Address: a 3 Des r �czc tt', City (— �,(Aee,LA Itt&ate 4' A Zip D.XG� (include suite or floor) PRIMARY CONTACT I (� C Rei. S Who should we call /write concerning this project? h't'�� %`6 Address : a-7 3o l iv 6 Vj 00-L Cl r. City )+�e ->V' I kState \)A Office Phone: (� 7 -732 030 4N, -"I- # E -mail �y, a id`s y f l ht c, e__fti APPLICANT INFORMATION Clieck any that apply:. K Change of ownership Change of use Change of name New business f� Business Name /Type: --T .r(, Dew 5 L-I fDO r-, fN64'�(e 5-( kj', Gm Previous Business on this site Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of i (srno,,, vehicles, and any additional information that you can provide: R,, 1 �nCe S ; /0'D,— 19 ear l;-; tee o PQn 1:30 �- / 0 : 3y l 1 *This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to a new location, a new Zoning Clearance will be required. I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided is true and accurate to the best of my knowledge. I have read the conditions of approval, and I understand them, and that I will abide by /them. ��gel Gail `� f/� �1,� 1L/5 Signature df, Printed h��i _2e-j� Y/o APPROVAL INFORMATION [ ] Approved as proposed VrApproved with conditions [ ] Denied [ ] Backflow prevention device and /or current test data needed for this site. Contact ACSA, 977 -4511, xl 17. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ ] This site compli s with the site plan as of this date. Notes: Building Official Date — —�� ,- Zoning Official Date 512-41 /0 Other Official Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 Revised 04/28/08, 10/13/09 Page 2 of 3 Intake to complete the following: Reviewer to complete the following: Y / N Square footage of Use: Is use in LI, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. Y / N Permitted as: Y/N SP's: Y/N If so, List: Will there be food preparation? Under Section: If so, give applicant a Health Department form. Zoning - review _can:not.begin until we receive. approval from Health - Supplementary regulations: section:: -_:.: Dept. FAX DATE Clearances: Circle the one that applies Parking formula: Is parcel on private well or public water? If private well, provide Health Department form. Zoning review can not begin until we receive approval from Health Required spaces: Dept. FAX DATE Y/N Circle the one that applies [tens to be verified in the field: Is parcel on septic or public sewer? Y/N Will you be putting up a new sign of any kind? If so, obtain proper Sign permit. Permit # Inspector : Date: Y / N Notes: Will there be any new construction or renovations? If so, obtain the proper Permit. Permit # '7.nnina 1-n rmmniPfP 1-hi- fnllnwinoa- Violations: Y/N If so, List: Proffers: Y/N If so, List: Variance: Y/N If so, List: SP's: Y/N If so, List: Clearances: SDP's Revised 04/28/08, 10/13/09 Page 3 of 3 ;� I p s b Q-�- k rlraF -Dr-11 V(Z-- ,-b P10of Reissued to add the appeal language on page 2. �� pF AL J$ U �6�b �'IRGII`11P COUNTY OF AL]BEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville Virginia 22902- 4596 -- - Phone (434) 296 -5832 Fax (434) 972 -4126 August 15, 2005 Robert D. Brugh 3002 Berkmar Drive Charlottesville, VA 22901 Re: Official Determination of Use for Terry Dean's Dance Studio TMP 061ZO030000200 Dear Mr. Brugh: In response to your letter of June 14, 2005, we have determined that Terry Dean's Dance Studio may be considered an "indoor athletic facility" under the zoning ordinance. As such, it may go into a C -1 zoning district by- right. This letter explains the basis for this determination. A typical school of dance has classes with multiple attendees. Terry Dean's ballroom dancing studio is a one -on -one "class" of only two students, usually adults, and two instructors. Part of the reason for this is that they must use the same music (e.g., tango or rumba) and use a large space for each dance couple (instructor + student). They typically will have one to five classes per day between 1:30 p.m. and 9:00 p.m. with only the two students. They also offer Tai -Chi in the mornings and classes in aerobics or dancercise up to 4 times per week. These may have up to 10 students per class. Dean's operates five days per week plus currently plus only one class on Saturday. With a school that teaches tap, ballet or modern dance, there may be classes of 10 or more, often children, who line up and learn the same movements or steps from one instructor. These classes may be held in the afternoons after school, weekends anytime or anytime during the summer when regular school is not in session. The schools that I have surveyed have multiple classes at one time and operate six days per week. The current request is also quite different from the educational "private school." A elementary education school (K -12) presents an entirely different set of circumstances, such as peak traffic hours. An evening college level school also has different hours of operation and therefore, different peak hours of traffic generation. Terry Dean's ballroom instruction with its normal one -on -one structure has fewer members and staff on the premises at once and is more similar to "tutoring" which has been determined to be more similar to a business operation. I:IDEPTICommunity DevelopmentlZoning & Current Development DivisionlDeterminationslDetermination GenerallUse Determination - Terry Dean's Dance Studio 61Z- 03- 02.docAugust 15, 2005 Reissued to add the appeal language on page 2. The following describes their operation: • Hours of operation are afternoons, evenings and one class on Saturday morning – not typical of a private educational school, but similar to a gym; • They have only one dance studio and three instructors, including the Tai -chi and Dancercise - instructors; Dean's ballroom instruction operates with one -on -one "classes" of only two students (usually adults) and two instructors; Revenue comes from membership fees rather than school /class fees, similar to a gym; Ballroom dancing is now considered by some authorities to be a "sport" and may soon be in the Olympics, which makes it similar to a gym; and, Dean also offers both Tai -Chi and Dancercise both of which are often offered by gyms and fit into the "indoor athletic" use. In addition, the County has previously made the following decisions: • A karate school has already been determined to be by -right indoor athletic (Hamrick's in The Gardens); and, • Jazzercise, as a form of dance exercise, has been allowed under the indoor athletic use (by SP in the LI on Greenbrier Dr.) This determination is not being made for dance schools generally —only for this operation of Terry Dean's Studio with the characteristics described herein. If you have any questions or comments, please contact me directly. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2 -2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be considered complete, it shall include a completed application and $120 fee. The date notice of this determination was given is the same as the date of this letter. Sincerely, Janice D. Sprinkle Deputy Zoning Administrator Cc: Wayne Cilimberg Greg Kamptner Reading file – TMP 61Z -03 -02 I: IDEPTICommunity DevelopmenMoning & Current Development DivisionlDeterminationslDetermination GenerallUse Determination - Terry Dean's Dance Studio 61Z- 03- 02.docAugust 15, 2005