HomeMy WebLinkAboutLOD201200005 Letter of Determination 2013-04-22COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
April 22, 2013
Pete Caramanis
Royer, Caramanis & McDonough, PLC
200-C Garrett St.
Charlottesville, VA 22902
Re: Official Zoning Determination (LOD 2012-005) Mechums Trestle, LLC (Tax Map 57,
Parcel 31A) — Determination on "Nonconforming Parking Lot"
Dear Pete,
This is in response to your letter of determination request dated June 22nd. Your letter asked
for a finding in three areas: setbacks, nonconforming parking and requirement for site plan
approval. My letter dated July 10, 2012 is a final determination with regards to setbacks and the
requirement for site plan approval.
The determination about the "nonconforming parking lot" was made in the July 10th letter and
was later revoked with a September 10th letter. This is a determination under the Zoning
Ordinance and does not constitute a finding under the Water Protection Ordinance or other
regulations that I do not administer. The parking nonconformity addressed herein relates to the
parking setback and not to the design and construction standards for the parking lot.
Nonconforming Parking Lot
As stated in my joint 2005 determination letter with Jack Kelsey (and originally from the letter
dated May 11, 2004), "for the evaluation of parking setback nonconformity when parking is a
permitted use, a parking lot is most similar to a nonconforming accessory structure." The 2005
determination confirmed the presence of parking in this area prior to the 1997 approval of the
site plan (SDP 96-051 Cafe No Problem) which expired on October 8, 2002. The Mechums
River Farmers Market site plan (SDP 2001-054) was approved on October 4, 2001. The
Wayside Stand plan (SDP 2004-71) was approved by letter from Bill Fritz dated September 29,
2004 (attachment A).
The Wayside Stand use began and onsite accessory parking served the use. This plan has not
expired. This plan was approved with a condition which limited the location of parking to the
"red shaded area shown on the attached plan." The letter further states that the parking limit
was determined by Glenn Brooks based on a field visit to ascertain the extent of nonconforming
parking area. A more recent plan with the Mechums River and buffer is provided in attachment
B. The area in red (the line between the two other lines) corresponds with the 50 ft.
encroachment of the buffer and with the "red shaded area" from the Wayside Stand .site plan.
There are approximately three or four parking spaces outside of the 50 ft encroachment and
closer to the river. These spaces are not found to be legally nonconforming because they were
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LOD 2012-005) Mechums Trestle, LLC — Nonconforming Parking Lot
April 22, 2013
not approved by the most recent approved and commenced site plan.
This nonconforming parking use has continued. As part of my travels between work and home,
I regularly observe parking (of both private and public vehicles) on this property. Vehicle
parking onsite is visible from both the google street view for this property and the 2007 aerial
photos maintained by the County Geographic Information System. While some minor
maintenance has been done, the parking area has been maintained in the then -structural
condition.
§6.3 G "Nonconforming Structures" states:
G. Discontinuance of use of nonconforming structure. Use of a nonconforming
structure shall be discontinued, and the structure shall thereafter comply with the
regulations set forth in this chapter applicable to the district in which the structure
is located, if the occupation or use is discontinued for more than two (2) years,
regardless of whether the prior occupancy or use of the structure was continuous
or seasonal. The two (2) -year period shall be tolled during any periods during
which the owner diligently and in good faith pursues obtaining an occupant or
use for the structure and during the period during which the owner diligently and
in good faith extends, enlarges, repairs, reconstructs or alters a structure as
authorized in this section 6.3.
As evidenced by the spreadsheet you have provided, the property owners have continued to
diligently and in good faith pursue obtaining an occupant or use for the structure. Marketing has
continued during the entire period from 2005 through today. At least five (5) separate actions
have been taken towards either agency approval or construction and design of a use on this
property. In addition, the owners have communicated with 13 different business prospects for
this site.
In summary, the parking area on the subject property that is beyond the 50ft buffer from the
Mechums River is legally nonconforming to parking setbacks. It is an approved accessory use
on the property based on two different site plan approvals. It has continued in essentially the
same use and a similar structural condition. It has not discontinued for more than two years
based on the.diligent and good faith efforts to obtain an occupant or use the site. As long as the
nonconforming accessory parking use is maintained, it may serve a future new primary use.
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 the Zoning Ordinance.
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LOD 2012-005) Mechums Trestle, LLC — Nonconforming Parking Lot
April 22, 2013
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 may be reviewed online at
www.albemarle.orq/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.orq/cdapps.)
If you have any further questions, please do not hesitate to contact me.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Adminstrator
Attachment A — Action Letter for SDP 2004-071 Mechum's Trestle Wayside Stand
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 10, 2012
Pete Caramanis
Attorney at Law
P.O. Box 2737
Charlottesville, VA 22902
Re: Official Zoning Determination (LOD 2012-005) — Mechums Trestle, LLC (Tax Map
57, Parcel 31A)
Dear Pete,
This is in response to your letter of determination request referenced above. You have asked
for a finding in three areas: setbacks, nonconforming parking and requirement for site plan
approval. This is a determination under the Zoning Ordinance and does not constitute a finding
under the Water Protection Ordinance or other regulations that I do not administer.
Setbacks
VA 95-05 was conditionally approved by the Albemarle County Board of Zoning Appeals
on June 6, 1995 to reduce the building setback for 1 -story from 30 feet from public
streets, to 7 feet from Rt. 680 and to 9 feet from Rt. 240 (Section 21.7.1). This approval
does not have an expiration or sunset date and remains in full force and effect. If the
development complies with the conditions of approval, the footprint remains the same
and the second floor complies with the setback requirements, it may occur under this
approval and does not require an amendment.
2. Nonconforming Parking Lot
With a February 2, 2005 official determination, the County Engineer and I determined
that the parking area depicted within the limits of the "previous parking area" on the site
plan approved by the County on September 8, 1997 (SDP 96-051) and which was within
the technical limits of the Water Protection buffer, is lawfully nonconforming and may
remain in accordance with the provisions for nonconformities. Even though the site was
not developed in accord with this site plan, I have regularly observed that it has been
continuously and informally used for parking since this determination. There is no
evidence of an intent to abandon or an actual abandonment of the use of parking on this
property for various purposes and by various entities, public and private:. The
use has not discontinued for more than two years, nor has it changed to a more
restrictive nonconforming use. Under the provisions for nonconformities in the Zoning
Ordinance, Section 6.0, the parking area may continue to be used for parking, including
for parking to serve a new use that will be developed.
3. Requirement for Site Plan Approval
The use of this property as a restaurant ceased well over two years ago and closer to
Page 2
July 10, 2012
Official Zoning Determination (LOD 2012-005) — Mechums Trestle, LLC (Tax Map
57, Parcel 31A)
two decades ago. Therefore, it has not been used continuously as a restaurant and any
nonconforming rights to "continue" that use or a similar use without the requirement of a
site plan have been extinguished. The proposed use of this property as a restaurant is
not exempt from the requirement of a site plan. Specifically, the change from informal
and occasional parking to a restaurant is an intensification of use for which the Virginia
Department of Transportation will require an alteration of the ingress/egress {Section
32.2.a (5ii)).
In the event the owner / applicant chooses to submit a site plan for review, it will be reviewed in
accordance with the regulation in effect at the time, except as modified by the approved building
setback variance or by the continuation of nonconforming parking area. Please ask the owner /
applicant to contact us to set up a preapplication conference to go over proposed development
plans.
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 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 may be 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,
Q
Amelia G. McCulley, A.I.C. .
Zoning Adminstrator