HomeMy WebLinkAboutAP201200001 Letter of Determination 2012-03-12�i
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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
March 12, 2012
John M. Rhett
General Manager
Castle Hill Cider, LLC
6065 Turkey Sag Road
Keswick, VA 22947
RE: Your appeal of Official Determination of Zoning Violation VIO 2012 -013
Dear Mr. Rhett,
We are in receipt of your application to appeal the official-determination of zoning
violation (NOV). However, this appeal was not timely filed and therefore the
determination of violation is final and unappealable. I will explain more in the
proceeding.
Virginia Code Section 15.2 -2311 (attached) outlines the procedure for an appeal of a
zoning administrator's decision. In addition, the NOV states that you have a right to
appeal within thirty (30) days of the notice. The appeal deadline was February 24th
thirty days from the January 25th NOV. Our records show that the appeal was filed and
paid for on February 28th, beyond the appeal period.
Please consider your plans to abate this violation and let us know your intention as soon
as possible. We recommend that this issue be resolved prior to proceeding with the
special use permit for special events with over 200 in attendance.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not
file a timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning
Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for
public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.org /cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
Page 2
Castle Hill Cider
Appeal of Notice of Violation
March 12, 2012
the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Zoning Ordinance. They maybe reviewed
online at www.albemarle.org /countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug -in is available at the bottom of www.albemarle.org /cdapps.)
Sincerely,
OA
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Scott Clark, Senior Planner
LIS > Code of Virginia> 15.2 -2311 http: / /legl.state.va.us /cgi- bin /legp5O4.exe ?000 +cod +15.2 -2311
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§ 15.2 -2311. Appeals to board,
A. An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of
the locality affected by any decision of the zoning administrator or from any order, requirement, decision or
determination made by any other administrative officer in the administration or enforcement of this article, any
ordinance adopted pursuant to this article, or any modification of zoning requirements pursuant to § 15.2 -2285.
Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of
the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may
have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this
section, and that the decision shall be final and unappealable if not appealed within 30 days, The zoning violation or
written order shall include the applicable appeal fee and a reference to where additional information may be
obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given. A
written notice of a zoning violation or a written order of the zoning administrator that includes such statement sent
by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current
real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient notice to the
property owner and shall satisfy the notice requirements of this section. The appeal shall be taken within 30 days
after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal
specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from was taken. The fee for filing an appeal shall not exceed
the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal
taken pursuant to this section shall be binding upon the owner of the property which is the subject of such appeal
only if the owner of such property has been provided notice of the zoning violation or written order of the zoning
administrator in accordance with this section. The owner's actual notice of such notice of zoning violation or written
order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the
board's decision due to failure of the owner to receive the notice of zoning violation or written order. For
jurisdictions that impose civil penalties for violations of the zoning. ordinance, any such civil penalty shall not accrue
or be assessed during the pendency of the 30 -day appeal period.
B, An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator
certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril
to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the
board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.
C. In no event shall a written order, requirement, decision or determination made by the zoning administrator or
other administrative officer be subject to change, modification or reversal by any zoning administrator or other
administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or
determination where the person aggrieved has materially changed his position in good faith reliance on the action of
the zoning administrator or other administrative officer unless it is proven that such written order, requirement,
decision or determination was obtained through malfeasance of the zoning administrator or other administrative
officer or through fraud. The 60 -day limitation period shall not apply in any case where, with the concurrence of the
attorney for the governing body, modification is required to correct clerical or other nondiscretionary errors.
(1975, c. 521, § 15.1- 496.1; 1983, c. 12; 1993, c. 780; 1995, C. 424; 1997, C. 587; 2005, cc. 525, 677; 2008, C. 378.;
2010, c, 241; 2011, C. 457.)
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