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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 25, 2005
Anna Lane
1924 Stony Point Road
Charlottesville, VA 22911
RE: OFFICIAL DETERMNATION OF HEIGHT OF NATURE OBSERVATION
TOWER (Tax Map 48, Parcel 55)
Dear Ms. Lane:
On June 16, 2005 1 wrote to J. D. Diven:
You have submitted pictures of an observation tower that you have stated
would be fifty feet in height.
Section 10.4 limits the height of structures in the Rural Areas zoning
district to 35 feet. Section 4.10.3.3 allows a parapet wall to exceed the
limit established for the district by no more than four feet. This exemption
for a parapet may be applied to the railing. Therefore, the zoning
ordinance limits this structure to 35 feet to the deck at the top of the
structure with an additional four feet for the railing. A copy of section 4.10
is enclosed for your reference.
On July 7, 2005 you submitted a revised plan for an observation tower with a
deck height of 54 feet. That structure is surmounted by a 12 foot tapering spire
point that includes a railing. You have stated that the purpose of the structure is
to be artistically beautiful as a sculpture and to provide enjoyment of the
surrounding natural scenery. It is your position that the entire 64 foot structure is
a spire that is exempt from the height limitations of the zoning ordinance based
on section 4.12.3.1.a.
This proposed use is permitted by right on this vacant parcel if it is associated
with a wildlife sanctuary or some other permitted use.
It is my determination that only the element shown above the railing can be
considered a spire. The definition of spire in the 1998 edition of Webster's New
Collegiate Dictionary supports the conclusion that a spire is a distinct element
that surmounts a structure. The definition of spire is provided here for reference:
I:\DEP'RBCZS\Determination General\2005\Height of nature observation tower with Spire.doc
Anna Lane
July 25, 2005
Page 2
1 : Slender, tapering blade or stalk (as of grass) 2 : the upper tapering
part of something (as a tree or antler) : pinnacle 3 a : a tapering roof or
analogous pyramidal construction surmounting a tower b : steeple
I restate my determination of June 16, 2005 that the zoning ordinance limits this
structure to 35 feet to the deck floor with an additional four feet for the railing.
The constructed element above the railing can be considered to be a spire for the
purpose of applying Section 4.10.
It is also my determination that Section 4.10.3.2 EXCEPTIONS -LIMITED is not
applicable to this proposal because it is not a scenery loft on a building nor is it a
tower on a building.
If you are aggrieved by this determination, you have a right to appeal it within
thirty days of the date notice of this determination is given, in accordance with
Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this
determination shall be final and unappealable. An appeal shall be taken only by
filing with the Zoning Administrator and the Board of Zoning Appeals a notice of
appeal which specifies the grounds for the appeal. An appeal application must
be completed and filed along with the fee of $120. The date notice of this
determination was given is the same as the date of this letter.
Please contact me if you have questions or require further information.
Sincerely,
/44-4/
John Shepherd
Manager of Zoning Administration
Enclosed: Section 4.10
Rendering of proposed tower
Description of project from Ms. Lane & Mr. Schiller
Copy: J. D. Diven
Shelter Associates, LTD
4235 Free Union Road
Free Union, VA 22940
Reading File- Height
Reading File T.M. 48-55
l:\DEPMUS\Determination General\2005\Height of nature observation tower with Spire.doc