HomeMy WebLinkAboutLOD201200003 Letter of Determination 2013-04-29I
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COUNTY OFALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 31, 2012
Ms. Jo Higgins and;
c/o Project Development Limited LC
2564 Mt. Torrey Road
Lyndhurst, VA 22952
Fax (434) 972-4126
All property owners of parcels listed below
and copied on the bottom of page two of this
letter.
RE: RESCINDING PART OF OFFICIAL DETERMINATION, DATED AUGUST 10, 2012, OF LEGAL
NONCONFORMING USE — "QUARRY OPERATION".— ALBERENE SOAPSTONE COMPANY -
Dear Ms. Higgins and property owners:
On August 10, 2012 1 issued an official determination regarding the.active non -conforming use of a Quarry
Operation on the following current Tax Map Parcels:
Alb. Tax Map Parcel Acreage
Owner
111 8 1.00 (within 8W) Wilkins
111 8W 118.54 Wilkins
126 21 B 130.10 Wilkins
126 31H 23.81 Three Holes LLC
126 311 1.00 Wilkins
126 31J 41.59 Wilkins
Quarry Determination TOTAL: 353.90 (New Total= 316.04 acres)
I have been informed by the County Attorney's office that such a determination requires notice to all
owners of property subject to the determination before it is issued. This requirement is found in Virginia
Code Section 15.2 2204 paragraph H. Such notice was not provided to the 1`g jr.< pia §_'els. Therefore,
I am rescinding the August 10, 2012 determination (attached) for those parcels only, in order to meet
this required notice. A new request for determination will be required for the rescinded parcels with notice
provided to those owners within 10 days of requesting the determination.
Ms. Jo Higgins
August 31, 2012
Page 2
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tact have questions or require further information.
T?Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Attachment: August 10, 2012 Official Determination
Copies: Greg Kamptner
Andy Herrick
Aharon Laufer
Vernon Harris
Property Owners:
S. Vance Wilkins, Jr.
B4 y a
essp _
K
lis
P Ie e
Three Holes LLC
COUNTY OF ALBEMARLE_
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 10, 2012
Ms, Jo Higgins
c/o Project Development Limited LC
2564 Mt. Torrey Road
Lyndhurst, VA 22952
RE: OFFICIAL DETERMINATION OF LEGAL NONCONFORMING USE — "QUARRY OPERATION" —
ALBERENE SOAPSTONE COMPANY -
Dear Ms. Higgins:
In response to your request for a letter of zoning compliance for the active.quarry operations, since the
1986 determination, on the Alberene Soapstone Company properties they own or have mineral rights to, I
have determined that the quarry operation has continued without a two year cessation on the following
current Tax Map Parcels:
Albemarle County Tax Map
Parcel
Acreage
111
8
1.00 (within 8W)
111
8W
118.54
126
21B
130.10
126
31A2
2.00 (shown on plat @ rear)
126
31 A3
2.00 (shown on plat @ rear)
126
31A4
2.00 (shown on plat @ rear)
126
31 A5
2.00 (shown on plat @ rear)
126
31 A6
2.00 (shown on plat @ rear)
126
31 A7
2.00 (shown on plat @.rear)
126
31 A8
2.00 (shown on plat @ rear)
126
31A9
2.00 (shown on plat @ rear)
126
31 H
23.81
126
311
1.00
126
31 J
41.59
126
31,11
21.86
TOTAL
353.90
In arriving at this determination, I have examined the documentation you provided from the Virginia
Department of Mines, Minerals and Energy as well as: aerial photos since 1886; discussions with
representatives of VDMME and operators of the Quarry; recorded plats, and; county assessor's records. I
am satisfied that the parcels listed have had continued activity on at least a portion of each parcel since
the 1986 determination.
All of the other parcels that were included in the area covered by the 1986 determination have not had
activity which would grant them nonconforming status. Therefore, they would be subject to all current
regulations before any quarrying operation could commence on those.
Jo Higgins
August 10, 2012
Page 2
Therefore, it is my determination that the quarry operation is a legal nonconforming use on the parcels
listed in the table above and can continue as long as there is no discontinuance of the use on any of these
for a period of two years or more.
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:
http://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,ora/cdapps.
Please contact me if you have questions or require further information.
Si rely,
Rona d L. Higgins, ,AICP
Chief of Zoning/Deputy Zoning Administrator
Copies: Greg Kamptner
Andy Herrick
Aharon Laufer
S. Vance Wilkins, Jr.
Nancy Flynn
Bonnie Hardin
Jessica Jones
Linwood Allen
J. Craig
N. Eubanks
A. Ferrer
Three Holes LLC
S. Abrahamsen
Vernon Harris