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Home My WebLink AboutLZC201200016 Correspondence�� OF ALBS ti t'lRGIl`�� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 8, 2012 Mr. Keith Woodard c/o Skyline Court LLC 22414 th Street, N.W. Charlottesville, VA 22903 RE: Tax Map 45, Parcels 19A (6.66 acres) & 20A (.22 acres) Dear Keith: As requested, I offer the following zoning information for the above referenced parcels. The referenced parcels are zoned Rural Areas- RA and are in the Airport Impact Area. Parcel 19A contains 6.662 acres and is developed with 10 duplexes (two of these with a basement unit) and 1 single family detached dwelling for a total of 23 dwelling units. Parcel 20A contains 0.215 acres and is undeveloped. The residential use of these parcels is nonconforming to the area and bulk regulations of the RA district which requires a minimum of 2 acres per dwelling and other general regulations. The development is legally nonconforming because it was developed prior to the adoption on December 10, 1980 of the current Zoning Ordinance of Albemarle County in accord with ZMA- 68 -12. If the development were damaged or destroyed, improvements, including parking, located on the property could be reconstructed in the same location and at the same density in accord with Section 6.2 of the zoning ordinance. Any change in the present use, structures or site would have to comply with the County's land use regulations in place at the time of the change. A review of our records does not show any unresolved zoning violations and /or complaints. No application for rezoning of the real estate portion of the project, special permit, conditional use, or variance required in connection with this project, is now pending. Please contact me if you have questions or require additional information. Sincerely, Ronald L. Higgins, AICP Chief of Zoning /Deputy Zoning Administrator C:\ inetpub \wwwroot \cityviewlazerfiche_i nteg ration \tem pdocholder \13936.doc A r6wu -l&r meeting Of the Eoavd of COMO Supetrvg -5or8 of Albemarle County, Vix nla, was held at the orf'iae ]Ati]diaag or &&I QQ�Mty au the 18th a-ay of duly, 1968- Freaentt xanwa. 3. 19. Gamott, Joseph 4. Gibson, Toter T. wg�yt € ordw L. Whaal-er, ldagd. V. WOOL, Jr. and R. A- Y=$Y- Abeent: Ume. C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \13936.doc [ b� ATyP:Liaation a.P 13.0,13. oorporation for a cba4e ur WLuje Lrtam WI.- mil Cure A -I to ReUdAlfttlE R -3 on 6.877 acres situated on Bong 657 U Vermit =tensi= Of CEO fnmlIV 41U%*1IIT]B dpvtl4�a�nG. Mr. HUMPIVeg $dviaed that the 71MMIng 00=1sa0n To-Lot 5,4 to deuy this request. Ys. and Mrs. R. 0. Burt-on appeared and Mr. Bwtan sabaaitte3 statement - colry af wt#ch is Med in tLB permaxieut records of this 'Hoard - in wbioh it was Painted ouiF that afg duplszes were al- raad,y on the 13ropew#Y berme �aaiug. lfr. Tiwtox 1,40jueata1 t1wL Uw ]3vw 1 apjzroVe R -2 if the R -3 is turrLPA down_ Xr_ Nar4tia11 Fnrt.FT wn.- l[U#tgd g9t,ft1cm sued by ten familiea in the area requeatlmg ttie lioa=d to up- hold. tbg necommendatlQn cif the Plawing Board. Th15 petition is aleo made a part or tts,a Hoard "s permanexit files. Mr. Bedi%a -d Moore, Mr. Z=ieo3n Allay, Mrs. James Lovkhart, acid Mr. James Talker al2o appeared in oppo- sit�aEL to ttLa req=r8b of R.9.S. GDrporAtlatl. Mr farws RJbLaolr DMiDarea as attarney for a1t1 -zms in the area apyoaed to a abange in zaaie 471a:5 i- Piaatdcm. stating that they da not ■ant a c rgmtse and re ==eased that tfie R.O.B. Gm- p;iratiam'a request be denims. After dl&- ,ussiaen, Mr. )Lloyd Yocd move& that tho 1#.0.x. gyration be granted an R -2 Bona c}assfitioa- tion on tha property In question duo to develo>imeHZt %bloh Was started ]TIor to zoning. This motion was seamded -by 11r. G±-b= end timmimDu61p aw7aved. Sec. 6.2 Nonconforming uses. A nonconforming use may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Change, enlargement or extension of area used by a nonconforming use. The area occupied or used by a nonconforming use shall not be: 1. Occupation or use of additional area. Changed, enlarged or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; except that: (i) a nonconforming use may be enlarged or extended throughout any part of a structure that was arranged or designed for such nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located, but only if the enlargement or extension does not change the character of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the lot, or other abutting lots under identical ownership as the lot on which the nonconforming use exists on the effective date of this chapter; or 2. Occupation or use of additional structure. Changed, enlarged or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 3. Relocation to previously unoccupied or unused area. Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 4. Relocation to previously unoccupied or unused structure. Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located. B. Enlargement or extension of a nonconforming use. A nonconforming use shall not be C:\ inetpub \wwwroot \cityviewlazerfiche_ integration \tempdocholder \13936.doc enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed. The zoning administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the volume or intensity of the use and any alteration or variation in the use, such as the provision of additional goods or services, shall be considered. A mere increase in the volume, intensity or frequency of the use that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use. C. Enlargement, extension, reconstruction or structural alteration of a structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the following circumstances: 1. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. 2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary repairs and maintenance, and the repair or replacement of nonbearing walls, fixtures, wiring or plumbing, which is necessary to keep the structure in a usable condition. 3. Repairs to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the structure or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these improvements are not mandatory. 4. Repairs or reconstruction of structure. The repairs or reconstruction are performed on a structure which is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that: (i) the repairs or reconstruction commence within one (1) year, and are completed within two (2) years, from the date of the damage; and (ii) the structure is not enlarged or extended as a result of the repair or reconstruction. D. Change to more restricted nonconforming use. If a nonconforming use is changed to a more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and the use shall not thereafter be changed back to the original nonconforming use. For purposes of this subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than the original nonconforming use, or that occupies less area of the lot or the structure or structures in which it is located. E. Effect of change of ownership. A change of the ownership or occupancy of the nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the status of the nonconforming use. F. Termination of nonconforming status. The nonconforming status of a use shall terminate and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon termination of the nonconforming status, the use of the lot or structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the use is located. G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the use is located, if the nonconforming use is discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The two (2) -year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this section 6.2. The continuation of a use that is accessory to the nonconforming use during the two -(2) year period shall not continue the nonconforming use. 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