HomeMy WebLinkAboutLOD201300008 Letter of Determination 2013-10-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 4, 2013
Bonnie M Harden
341 Cobb Road
Pelzer SC, 29669
Re: Revocation of Official Letter of Determination dated June 5, 2013 (LOD
2013-008) —for Quarry Activity {Tax Map 126, Parcels 31A4)
Dear Ms.Harden,
By this letter, I am hereby revoking the letter of determination dated March 29, 2013. In
rendering a determination on this matter, it is necessary to consider additional evidence
beyond the affidavits that you submitted. It will take some time to consider additional
information and I will be in touch in the future, once this has been done. If you have any
additional evidence that you wish to provide, please do so at this time.
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,
Page 2
Revocation of LOD 2013-008
October 4, 2013
(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.)
If you have any further questions, please do not hesitate to contact me.
Sincerely,
04 �'
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 5, 2013
Bonnie M Harden
341 Cobb Road
Pelzer SC, 29669
Re: Official Letter of Determination (LOD 2013-008) — Not Nonconforming Use
for Quarry Activity {Tax Map 126, Parcels 31AQ
Dear Ms.Harden,
This letter is in response to your letter of determination application for the above -
referenced property located at 8679 Schuyler Road (the "subject property"). It is my
determination that there is no legally nonconforming use for mining or other natural
resource extraction activity on this property.
This determination is based on the following:
1. Information provided by Ms. Nancy Flynn, who has lived on adjoining property
since September 2007 and has firsthand observations of activity occurring on the
subject property. This information was provided in a meeting with me on
February 27th and in an affidavit dated May 16, 2013.
2. Information regarding activity on the subject property provided verbally by phone
from you to me.
Based on this determination, under the current regulations to lawfully begin mining
activity on your property, approval of a rezoning by the Board of Supervisors is
necessary. This letter of determination replaces and supersedes any prior
determinations regarding mining or natural resource extraction as a nonconforming use
on these properties.
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.
Page 2
Letter of Determination LOD 2013-008
June 5, 2013
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.)
If you have any further questions, please do not hesitate to contact me.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator