HomeMy WebLinkAboutLZC201100012 Legacy Document 2014-04-01COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 24, 2011
Ms. Brenda W. Childress
c/o Hirschler Fleischer, PC, Attorneys at Law
P. O. Box 500
Richmond, VA 23218-0500
RE: Berkshire Apartments
Tax Parcel Numbers 061 KO -09-00-00200 and 061 KO -06 -OB -00400
2410-2423 Berkshire Place, Albemarle Co., Virginia (the "Property")
Dear Ms. Childress:
In response to your letter of May 13, 2011, pleased note the following:
The Property, on which the Berkshire Apartments are constructed, is
zoned PRD, Planned Residential Development and subject to the use
restrictions applicable to that district as contained in the County of
Albemarle Zoning Ordinance. The use of the Property for a 56 -unit
apartment complex is a use permitted by -right in the PRD zoning district
without the necessity of obtaining a conditional or special use permit,
variance, or other approval. Since the original apartments were
constructed in the 1960's and prior to our first zoning ordinance, no site
plan was required at the time. Therefore the Berkshire Apartments project
is considered a legal non -conforming use and may continue as such
indefinitely.
■ The Property is not subject to any proffered conditions or other special
limitations imposed by the County of Albemarle.
■ Section 4.12.6 of the Zoning Ordinance requires 1.25 parking spaces per
efficiency or 1 -bedroom unit of less than 500 sq. ft.; 1.5 parking spaces
per 1 -bedroom unit larger than 500 sq. ft.; and 2 parking spaces per 2 -
bedroom or larger apartment unit. There are currently 88 parking spaces
Ms. Brenda Childress
May 24, 2011
Page 2
marked on site for the 56 units that are all 2 -bedroom or larger units.
While this number does not meet the requirement of the zoning ordinance,
the parking is also considered non -conforming and may continue as such
as long as the number of units is not increased.
The Property is recognized as two separate parcels of land which may be
conveyed, leased or mortgaged as separate parcels. The existing
development is not subject to the County's Subdivision Ordinance.
■ Pursuant to Section 6.3 of the zoning ordinance, any non -conforming
structure damaged as a result of factors beyond the control of the owners
may be repaired or reconstructed and continued as a non -conforming use
as long as repair is commenced within twelve months of such damage and
completed within twenty-four months of such damage.
Please contact me if you have questions or require further information.
Sincerely,
Ronald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator