HomeMy WebLinkAboutCLE200900199 Review Comments Zoning Clearance 2010-05-13I I_'' if flllj, ►.
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 13, 2010
Charlottesville Entertainment, Inc.
c/o Tom Slonaker
3302 Sandown Park Road
Keswick, VA 22947
Re: Super Fun Arena at Fashion Square Mall (Zoning Clearance CLE 2009 -199) —
use determination
Dear Mr. Slonaker,
The purpose of this letter is to document for our records, that the above - referenced use
is permitted as a by -right use of the property on which it is located. This is a revision of
the prior decision on this zoning clearance. As you know, the prior zoning clearance
approval limited this to a seasonal use to end by December 31, 2009. Attached to this
letter you will find a copy of the revised zoning clearance review by which we have
removed the restriction that limits this use.
Our initial understanding of this use (when it was initially proposed) was that it
constituted an "amusement center" which falls within the zoning category of use,
"commercial recreation establishment." That use is permitted only by special use
permit within the Planned Development Shopping Center (PDSC) zoning district. Our
initial approval allowed this use only as a temporary use related to the holiday season.
This limited approval was the basis for the initial time limitation and was the only way by
which we could administratively approve the use.
Ron Higgins, Deputy Zoning Administrator, visited the business this week while it was in
operation, to make observations for the zoning use classification. He observed several
inflated units which are used for children's recreation. As he understood it, a fee is paid
for a time period of play. It is our conclusion that the Super Fun Arena use at Fashion
Square Mall constitutes an indoor athletic facility. This is a use by -right within the
PDSC zoning district. There is no zoning basis for a restricted or limited approval for
this use. By this letter, we are revising the prior temporary approval to allow the current
use as a permanent use in this location. This use is defined within the Albemarle
County Zoning Ordinance as follows:
Indoor Athletic Facility: A building or structure in which are conducted
recreational, therapeutic or athletic activities, whether or not under instruction,
Page 2
Letter to Tom Slonaker / Super Fun Arena
CLE 2009 -199
May 13, 2010
such as but not limited to: tennis and other court games, swimming, aerobics,
and weightlifting but excluding such uses as: bowling alley, billiard hall, bingo,
miniature golf, amusement center and dance halls. (Added 9- 15 -93)
If you have any questions, please do not hesitate to contact us. We are including the
standard appeal language so this determination will be considered final.
If you are aggrieved by this determination, you have a 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. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Karen Weiner
1600 East Rio Road
Charlottesville, VA 22901