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Home My WebLink AboutCLE201300193 Review Comments Zoning Clearance 2013-10-08Applicati ®n f ®r Z®nin Clearance CLE 4 J01 3 —19 �'�� -= ` OFFICE USE ONLY �� PLEASE REVIEW ALL 3 SHEETS 1Receipt#Jp1,C-,1 Check # 1 � Date: +��/ /ti Ii Staff: \701 PARCEL INFORMATION Tax Map and Parcel: 86 -16D Existing Zoning RA Parcel Owner: Rosneath Land Trust, Ross T. Elliott, Trustee Parcel Address: 5708 Plank Road City North Garden State VA Zip 22959 (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project? Ross T. Elliott Address :3311 Curtis Street City San Diego State CA Zip 92106 Office Phone: 6( 19) 302 -7299 Cell # (same) Fax # 619- 235 -4226 E- mailRosneathTrustee n,cs.com Alternate contact: Dan Corbin - (434) 531 -6155 DanCorbinHomes @gmail.com 5710 Plank Rd., North Garden, VA 22959 APPLICANT INFORMATION Check any that apply: Change of ownership Change of use Change of name X New business Business Name /Type: Rental of residential property for period less than one month Previous Business on this site None Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and'any additional information that you can provide: Rental of 3BR home to vacationing families for periods less than one month, by owner's on -site representative living in guest cottage on premises *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 he best of my knowledge. I have read the conditions of approval, and I understand them, and that I will abide by them. Signature Printed Ross T. Elliott, Trustee, Rosneath Land Trust APPROVAL INFORMATION [] Approved as proposed [ ] Approved with conditions [ ] Denied [ 7 Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977 -4511, x117. [ ] 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 complies with the site plan as of this date. Notes: Building Official Date (c Zoning Officia Date fC--' 3 Other Official Cl �c� � �T 0,L4 Date, J0/3, b3 .G `'/Q County of Albemarle Department of Community"Development / / 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 Revised 7/1/2011 Page 2 of 3 r BED AND BREAKFAST REGULATIONS CHECKLIST (ZONING ORDINANCE SECTIONS 5.1.48 & 31.5) Each bed and breakfast shall be subject to the following: E SKETCH REQUIREMENTS A sketch plan of the site must be provided with requested items shown in relation to the property lines notinL compliance with the setbacks: ES/Show the location of all structures, including guest room locations, used for the Bed and Breakfast in relation to the property lines. WShow the location of parking spaces to be used for the dwelling and the Bed and Breakfast. Show the location of the access (ex. The driveway) to all structures to be used for the Bed and Breakfast. WShow the location, height, and lumens of any existing or proposed lighting to be used for the Bed and Breakfast. ❑/ Show the location of any signs to be used for the Bed and Breakfast. LVJ Provide a floor plan of each building proposed for the bed and breakfast use. WResidency. The owner of the parcel or a manager of the bed and breakfast shall reside on the parcel. Are you the ❑ OWNER residing on the parcel? OR VMANAGER residing on the parcel? Number of bed and breakfast uses. Any parcel may have up to two (2) bed and breakfast uses. (Please mark the appropriate boxes below) Is this the 1st or 2nd Bed and Breakfast on this parcel? �ist Bed and Breakfast or ❑ 2nd Bed and Breakfast How many guest rooms will ❑ 1 ❑ 2 Y3 ❑ 4 or ❑ 5 ❑ 1 ❑ 2 ❑ 3 ❑ 4 or ❑ 5 each Bed and Breakfast have? ERequired development rights, density and limitation. Each single family dwelling to which a bed and breakfast use is accessory shall comply with the following: (i) on any parcel less than twenty-one (2 1) acres in size, the single family dwelling shall be authorized by a development right as provided in section 10.3; (ii) on any parcel, regardless of size, the single family dwelling shall comply with the permitted density; and (iii) no single family dwelling shall have more than one bed and breakfast use accessory to it. '' jj What is the size of the parcel (in acres) that you propose to have a bed and breakfast? 5.q oa G How many dwellings are on the parcel described above?^ 6/22/2012 Page 3 of 3 I-1 Min nZum Y ards. Any accessory structure used for a bed and breakfast use shall comply either with the applicable minimum yard requirements for a primary structure or a lesser yard approved by the zoning administrator that is not less than the minimum yard required for an accessory structure that would otherwise be applicable, if the zoning administrator finds that: (i) the distance between the accessory structure and the closest primary structure on the closest abutting parcel is greater than the applicable minimum yard requirement for a primary structure; and (ii) written consent has been provided by the owner of the abutting lot consenting to the alternative minimum yard. The minimum yard for any parking area shall be twenty -five (25) feet. (SEE SKETCH REQUIREMENTS) Will there be accessory structures used for guest rooms? ❑ YES or 9 NO If YES, then how many accessory structures will be used for guest rooms? _ 21Parking. In addition to the parking required for a single family dwelling, the number of off - street parking spaces required by section 4.12.6 shall be provided. (SEE SKETCH REQUIREMENTS) # of single family dwellings on the parcel c% X 2 = Li # of guest rooms on the parcel X 1 =_ Total number of parking spaces required for this Bed and Breakfast ❑ Building code, fire and health approvals. Before the zoning administrator approves a zoning clearance under section 31.5, the owner of the parcel or a manager of the bed and breakfast shall obtain approval of the use from the building official, the fire official, and the Virginia Department of Health. L( Attach Building Official approval of the use N/ Attach Fire Official approval of the use a Attach Virginia Department of Health approval of the use IJJ Uses prohibited. Restaurants are prohibited as a use accessory to a bed and breakfast use. APPROVAL INFORMATION []'Approved as proposed [ ] Approved with conditions [ ] Denied Conditions �f Zoning Official J��'�'2'�✓` Date 6/22/2012 Page 3 of 3 Attachment to Zoning Clearance Application 5708 Plank Rd., North Garden, VA 22959 Supp. Regs. 5.1.17 (Tourist Lodging) and/or Supp. Regs. 5.1.48 (Bed and Breakfast Use) Rosneath Land Trust, Ross T. Elliott, Trustee, submits the following information in support of its application for zoning clearance for "by right" use of parcel 86 -16D, 5708 Plank Rd., North Garden, VA as tourist lodging and/or as bed and breakfast, within the meaning of Supplemental Regulations 5.1.17 and /or 5.1.48. Please note: the owner has not and does not propose to provide food or food service of any kind to guests; owner has not and does not intend to conduct a "bed and breakfast" as that term is defined in 12 VAC 5- 431 -10. a. Residency. The parcel owner's property managers manage the tourist lodging/bed and breakfast and reside at 5710 Plank Rd., which is located on parcel 86 -16D, the same parcel as the structure used as tourist lodging and /or bed and breakfast b. Number of uses. Parcel 86 -16D is proposed to have one (1) use for the entire structure at 5708 Plank Road, that being tourist lodging and /or bed and breakfast use. c. Required development rights, density and limitation, 5708 Plank Rd., the single family dwelling to which the proposed use is accessory, lies on a 5.40 acre parcel; it is authorized by a development right as provided in section 10.3; both single family dwellings on the parcel, 5708 and 5710, comply with the permitted density; no more than one tourist lodging/bed and breakfast use is proposed as accessory to the dwelling at 5708 Plank Rd. d. I'Vinimum yards. 5708 Plank Rd, the structure proposed for a tourist lodging/bed and breakfast use, and the resident manager's dwelling at 5710 Plank Rd, comply with the applicable minimum yard requirements for a primary structure, as shown on the sketch plan submitted. The minimum yard for the parking area exceeds twenty - five (25) feet, also shown on the sketch plan. e. Parking. Five off - street parking spaces are provided for 5708 Plank Rd., in the asphalt parking area at the top of to driveway, as depicted on the sketch plan. This includes 2 for the dwelling plus 1 for each of 3 bedrooms (the house is rented as a whole, however, and not by the room); the resident manager's dwelling, 5710 Plank Rd., has its own parking area and 3 -car garage). f. Information and sketch plan. The owner of the parcel submits the following to the zoning administrator: 1. Information. Information pertaining to the following is submitted: (i) The proposed use is that of tourist lodgingibed and breakfast within the meaning of Zoning Supp. Regs. 5.1.17 and /or 5.1.48; no food or food service of any kind is provided. (ii) The 3 bedroom 2.5 bath 2738 SF house is rented as a whole to vacationing families for periods less than one month; (iii) The provision of on -site parking is covered in -item e. above; and (iv) The location, height and lumens of outdoor lighting is as follows: The front walk is illuminated with 12 low voltage footlight fixtures of est. 100 lumens each; the parking area is illuminated with two "carriage" type lamp fixtures on 8' posts, each with 100w incandescent or 20 w CFL bulbs est 1500 lumens each. 2. Sketch plan. A sketch plan/schematic drawing of the premises with notes depicting: (i) 5708 Plank Road; the structure used for the bed and breakfast, 5710 Plank Rd., the resident manager's dwelling; parking areas for each dwelling, together with scale (1" =125') permitting determination of setbacks and yard area (ii) A floor plan of the house showing all rooms (the dwelling is rented as a whole, not by the room); and square footage of main rooms; and . (iii) Provisions for access, on -site parking, outdoor lighting, minimum yards. No signage is proposed. g. Building code, fire and health approvals. The owner of the parcel has solicited approval of the use from the building official, the fire official, and the Virginia Department of Health. h. Uses prohibited. No restaurant use will be conducted accessory to the bed and breakfast use. o � 3 4 � W O � a z Z Z 00 z co ca m o, 0 c '_" _ E . r m w f7 Co CD z a d ut a1 /' •¢ S �' \p 7S � t O � Q1 C m D w o , , O cn 3 co M. CD V ID CD Cl i 3 ° OOA ID _7j rI N N M O CL 2 CL CD U7 rt - r_�•G�y N F m � c � O � CD 0 rn ai T s ti .:�• ai;� `� ,fj ❑s "goo „o °�ao£. _cD 9 N o Q .mss i I Attachment to Zoning Clearance Application 5708 Plank Rd., North Garden, VA 22959 Supp. Regs. 5.1.17 (Tourist Lodging) and/or Supp. Regs. 5.1.48 (Bed and Breakfast Use) TM Parcel 86 -16D Owner: Rosneath Land Trust, Ross T. Elliott, Trustee North Use: Entire 3BR 2.5 bath structure at 5708 Plank Road (2738 SF exclusive of unfinished basement) is rented to vacationing families for periods less than one month. Owners' representative /property managers reside at 5710 Plank Road, located on the same parcel. Square footage of the main rooms is: Upper floor South Bedroom 235 SF North Bedroom 200 SF Master Bedroom 255 SF Dressingroom 120 SF Lower floor South Livingroom 235 SF North Livingroom 200 SF Diningroom 255 SF Kitchen 198 SF Francis MacCall From: Kirtley, Joshua (VDH) [ Joshua .Kirtley @vdh.virginia.gov] Sent: Thursday, October 03, 2013 3:27 PM To: Francis MacCall Cc: Ross T Elliott, Trustee Subject: RE: Rosneath Farm Zoning Clearance for Bed & Breakfast Good afternoon, Francis. Thanks for your email. After reviewing the application, I have no problem with the applicant utilizing the dwelling as requested provided that they stay within the parameters of the septic permit and the applicant is not offering prepared meals at another building on the property. From reviewing the application and speaking to Mr. Elliot, the entire dwelling will be rented to prospective customers and vacationing families for periods less than one month. The Health Department doesn't typically get involved with vacation properties and we have no set requirements, other than recommending adherence to previous approvals. If you have any questions or if I can clarify anything, please let me know. Josh Josh Kirtley Environmental Health Technical Consultant Onsite Sewage and Water Programs Thomas Jefferson Health District 1138 Rose Hill Drive Charlottesville, Virginia 22903 Office (434) 972 -6288 From: Francis MacCall [ mailto :FMACCALL(abalbemarle.org] Sent: Thursday, October 03, 2013 1:35 PM To: Robbie Gilmer; Kirtley, Joshua (VDH) Subject: FW: Rosneath Farm Zoning Clearance for Bed & Breakfast Robbie and Josh, Have you all heard from Mr. Elliot regarding the BNB application? Thanks, Francis From: Francis MacCall Sent: Friday, September 13, 2013 9:46 AM To: Robbie Gilmer Subject: FW: Rosneath Farm Zoning Clearance for present use - addenda Robbie, .. 1 Francis MacCall From: Robbie Gilmer Sent: Tuesday, October 08, 2013 10:26 AM To: Francis MacCall Subject: RE: Rosneath Farm Zoning Clearance for Bed & Breakfast Hi Francis, I completed my fire inspection of 5708 Plank Road this morning. CLE2013000193 now has my comments in county view, Fire Rescue has no objections to the Bed & Breakfast zoning clearance. Thank you, Robert Gilmer Assist. Fire Marshal Albemarle County Fire Rescue 460 StageCoach Road Charlottesville, Va. 22901 Office 434 - 296 -5833 Cell 434-531-6606 From: Francis MacCall Sent: Thursday, October 03, 2013 1:35 PM To: Robbie Gilmer; Josh Kirtley Subject: FW: Rosneath Farm Zoning Clearance for Bed & Breakfast Robbie and Josh, Have you all heard from Mr. Elliot regarding the BNB application? Thanks, Francis From: Francis MacCall Sent: Friday, September 13, 2013 9:46 AM To: Robbie Gilmer Subject: FW: Rosneath Farm Zoning Clearance for present use - addenda Robbie, Has Mr. Elliot contacted you on this application for the Bed & Breakfast? I did not see you on the list of emails. If not could you look at this request and let him know (his email is below) what you need to approve the request. Thanks, Francis FA a �etiw.ACFareResrue. vrg Fire Prevention Application Inspection Assigned To GILMER, Robert on 1018/2013 Relnspection Date: Start Date: 10/8/2013 9:00:OOAM Finish Date: 10/8/2013 10:00:OOAM Business Name: Private Occupancy ID: 06608 Address: 5708 Plank RD Station No.: North Garden City /State /Zip: North Garden, VA 22959 Phone: (434)531 -6155 Violations Date Found Date'Cleared Fee LOCAL No Findings Standard 1010812013 10/08/2013 $0.00 Comments: No issues were found during the fire inspection. I did talk with Mr. Corbin a few things to think about such as power outages and emergency procedures for his guest. Mr. Corbin agreed to getting some flash lights and making an emergency kit for the house. RG STATEMENT OF RESPONSIBILITY I hereby acknowledge that the information contained herein, and declare that it be true and correct to the best of my knowledge and belief. Further, I am the ownerloperator, or a duly authorized agent, acting on behalf of the owner, for all activities at the above mentioned property or location. As such, I hereby agree to comply fully with all the requirements in the Albemarle County Fire Prevention Code governing the operation I wish to conduct. If there has been any false statement or misrepresentation as to the material fact in this application, data, or plans on which the permit or approval was based, the Fire Marshall may revoke this permit. Page:1 Fire Prevention Application Inspection Assigned To GILMER, Robert on 10/8/2013 Relnspection Date: Start Date: Business Name: Address: City /State /Zip: Violations Recipient Sign, Recipient: Dan Corbin Inspector Robert Gilmer 10/8/2013 9:00:OOAM Private 5708 Plank RD North Garden, VA 22959 iture Finish Date: 10/8/2013 10:00:OOAM Occupancy ID: 06608 Station No.: North Garden Phone: (434)531 -6155 Date Found Date Cleared Fee STATEMENT OF RESPONSIBILITY I hereby acknowledge that the information contained herein, and declare that it be true and correct to the best of my knowledge and belief. Further, I am the ownerloperator, or a duly authorized agent, acting on behalf of the owner, for all activities at the above mentioned property or location. As such, 1 hereby agree to comply fully with all the requirements in the Albemarle County Fire Prevention Code governing the operation I wish to conduct. If there has been any false statement or misrepresentation as to the material fact in this application, data, or plans on which the permit or approval was based, the Fire Marshall may revoke this permit. Page:2 CERTIFICATION THAT NOTICE OF THE APPLICATION HAS BEEN PROVIDED TO T HE LANDOWNER This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning Administrator Determinations or Appeals, Sign Permits, Building Permits) if the application is not the owner. APPLICANT IS THE OWNER I certify that notice of the application, was provided to [County application name and number] [name(s) of the record owners of the parcel] and Parcel Number manner identified below: Hand delivering a copy of the application to the owner of record of Tax Map by delivering a copy of the application in the [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date Mailing a copy of the application to [Name of the record owner if the record owner is a person; if the owner of record is an entity, identify the recipient of the record and the recipient's title or office for that entity] on Date to the following address: [address; written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records satisfies this requirement]. Signature of Applicant Print Applicant Name ,9 /�-7 //--,-D Date Ross T. ELLIOTT TRUSTEE ROSNEATH LAND TRUST 1059 TENTH AVENUE SAN DIEGO, CALIFORNIA 92101 TEL (619) 302 -7299 EMAIL ROSNEATHTRuSTEE @cS.coM August 13, 2013 VIA FEDERAL EXPRESS Ms. Amelia McCulley, Zoning Administrator Dept of Community Development 401 McIntyre Road Charlottesville, VA 22902 Re: Rosneath Farm 5708 Plank Rd., North Garden, VA 22959 Application for Zoning Clearance Dear Ms. McCulley, We attended a very helpful pre - application meeting yesterday with Mr. MacCall and staff, on the subject of a proposed special use permit for weddings and similar special events at our family farm in North Garden. In the course of that meeting, I learned that I had overlooked the requirement that we obtain a zoning clearance for the current use of the residence at 5708 Plank Road, North Garden, VA 22959, as a vacation rental for families for periods less than one month. No food or food service of any kind is provided. I enclose my application and my check in payment of the Zoning Clearance fee. I have contacted the Building Official (Mr. Schlothauer), and the Virginia Department of Health (Mr. Kirtley), requesting such inspections as may be required, and for approval of this use. I have asked Mr. Schlothauer for the appropriate contact to obtain approval from the "fire official' if he cannot act in that capacity. The use appears to fall under the category of "Tourist Lodging" and /or "Bed & Breakfast ". Both uses I understand to be "by right" uses within the Rural Areas, but subject to the requirements of 18- 5.1.17 and /or 18- 5.1.48, including obtaining a zoning clearance. The terms appear to be used interchangeably in some contexts (for example, Albemarle County Planning Commission Minutes, April 24, 2012), so I am seeking clearance for a single permitted use under either heading. If this is incorrect, please advise. We sincerely appreciate Mr. MacCall calling our attention to this matter. RTE: re Cc: Dan Corbin (via email) Francis MacCall (via email) Since y, ROSS T. ELLIOTT