HomeMy WebLinkAboutLOD201100004 Letter of Determination 2014-03-13 (2)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 24, 2011
Mr. Michael B. Conway
350 Audubon Drive
Earlysville, VA 22936
Re: Shelter Associates Property — Single-family residence use Determination
4235 Free Union Road -Whitehall
Tax Map & Parcel # 02900-00-00-04300 (the "Property")
Dear Mr. Conway:
This is in response to your May 4, 2011 request for a determination regarding whether
the office structure on the above referenced property can be converted to a single-
family detached residence while continuing to operate the shop in the other structure as
it is currently being used.
This determination is based on review of the two special use permits for this property
(SP1976-099 & SP1976-100), the present conditions of the property and current zoning
regulations. Please be advised of the following:
1. The Property is zoned RA — Rural Areas and permits a single-family detached
residence as a matter of right.
2. SP1 976-099 was approved by the Board of Supervisors on February 16, 1977.
for a professional office on this property, which was permitted by special use
permit in the zoning at the time, A-1 Agricultural. The office building was
commenced before the expiration date of the special use permit, completed and
has been in use since its completion as an office.
3. SP1 976-100 was approved by the Board of Supervisors on February 16, 1977
for a "craft shop" on this property, which was permitted by special use permit in
the zoning at the time, A-1 Agricultural. The woodworking shop building was
commenced before the expiration date of the special use permit, completed and,
has been in use since its. completion as a woodworking/cabinet shop.
4. The office use special permit can be abandoned and that structure converted to
a residence while retaining the shop use special permit, provided that the
conditions of the shop use special permit continue to be met (see attached).
Mr. Michael B. Conway
June 24, 2011
Page 2
5. The current RA zoning also permits the residence and shop building to be used
as a "major home occupation" of the occupant of the residence, provided that the
standards for Major Home Occupations in Section 5.2A of the zoning ordinance
can be met.
I am closing this letter with our standard appeal language so that this determination can
be considered final if not appealed. If you have any further questions, please do not
hesitate to contact me.
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.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 aya+�s—aTih-"ottom of www.albemarle.orq/cdapps:
�Kcerely,
d L. Higgins, A.I.C.P.
Chief of Zoning/Deputy Zoning Administrator
CC: Mr. Bruce B. Gordon, President, Shelter Associates
Ms. Dora Conway, McLean Faulconer
Attachment: February.2, 1977 PC approval letter with SP conditions (same as those
adopted by the BOS February 16, 1977).
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Planning Department
804/296.5823
414 EAST MARKET STREET
CHARLOTTESVILLE, VIRGINIA 22901
ROBERT W. TUCKER, JR.
DIRECTOR OF PLANNING
February 2, 1977
Shelter Associates
Post Office Box 39
Free Union, Virginia
RONALD S. KEELER
ASSISTANT DIRECTOR OF PLANNING
MARY JOY SCALA
SENIOR PLANNER
CARLOS M. MONTENEGRO
PLANNER
Re: PLANNING COMMISSION ACTION
Request for SP -100-76
y
Dear Sirs:
This is to advise you that the Albemarle County Planning Commission at its
meeting February .1, 3.977, recommended to the Board of Supervisors that your
request for SP -100-76 be approved subject to the following conditions:
1. Approval of appropriate state and local agencies, including the Building
Official and Fire Marshal;
2. All woodworking is to take place within the existing warehouse or replacement
building;
3. No outside storage of materials;
4. Employees working in the building shall be limited to five (5) full-time
employees;
5. No retail sales from the premises;
6. A written statement requesting abandonment of SP•536 by both the applicant and
property owner;
7. Site plan approval;
£3. In the event the Zoning Administrator determines this use to be a nuisance to the
surrounding residential uses, he shall refer this petition to the Planning Commissic
and -Board of Supervisors for further review;
9. Removal of inoperative autos and debris to the satisfaction. of the Zoning
Administrator.
This request will be considered by the Board of Supervisors at its meeting February 16,
1.977, 7:30 p.m., County Courthouse, Charlottesville, Virginia. YOU OR YOUR. REPILr-
SENTATIVE SHOULD BE PRESENT FOR THIS PUBLIC HEARING. The Board prefers not to act
on requests in the absence of the applicant but will not -defer an advertised hearing
except under special circumstances and MAY act following such hearing.
Sincerely,
C'�,Tane, G l.oeckner
Planning Department