HomeMy WebLinkAboutLZC201400021 Legacy Document 2014-05-06• QQ
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 5, 2014
Republic Title Service
PO BOX 348
Charlottesville VA 22902
RE: LZC- 201400021 - Tax Map 61, Parcel 120J, Owner — MIMOSA LLC ATTN: TRACY
OSBORNE 10000 SHELBYVILLE RD SUITE 100 LOUISVILLE KY, 40223 (the "Property ")
( Wendy's) File #: 57724
Dear Sir or Ma'am:
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following:
• The Property lies within the boundaries of Albemarle County, Virginia and is zoned HC,
Highway Commercial under the Zoning Ordinance of Albemarle County, Virginia (the
"County ").
• The property is developed as a fast -food restaurant known as Wendy's. Such use is a
use permitted by -right in the HC district.
• The restaurant operates a drive - through window. This drive - through has been part of the
original approval of the site plan since 1979 as a by -right use. The current Zoning
Ordinance of Albemarle County requires a special use permit to operate a drive - through
window in this zoning district. This makes the operation of the current drive - through
window a legal nonconforming use for the Property. This nonconformity may continue
per Section 6.2 of the Zoning Ordinance of Albemarle County.
The Property is subject to the Site Development Plan, SDP1978 -00042 that was
approved on 10/26/1979 and has been amended per SDP1995- 00004. The Property
appears to have has been developed per the approved plans but a site inspection
revealed inconsistencies with the approved plans regarding the landscaping, parking and
a building at the rear of the property. There appears to be one additional space at the
north end of the first row of angled parking (site plan shows 18 spaces and the site itself
has 19 spaces), landscaping has been removed and has not been replaced per the
approved site plan and there is a building at the rear, near the property line that is not
even shown on the approved plan. It is the responsibility of the property owner to
maintain the site as approved on the noted site plan. Changes to the site must be
approved though the site plan amendment process. Just removing landscaping without
comparable replacements is generally not approved through amendments. County staff
understands that landscaping dies and is sometimes not replaced. At this time no
complaint regarding the missing landscaping or additional building has been received by
this office. Thus, the County will not be pursuing a violation of the site plan at this time.
• The Property is not subject to certain proffered conditions, special use permits, variances
or other special limitations imposed by the County in connection with the zoning and use
of the Property.
May 5, 2014
LZC2014 -00021
Page 2
• This office has no record of any open violations for the Property.
• To the best of my knowledge all permits and approvals necessary for the construction,
use operation and occupancy of the Property have been issued and are in full force and
effect.
• Copies of site plans and certificates of occupancy may be obtained from this office with a
request through the department's Records Manager, Esther Grace, at 434 - 296 -5832 ext.
3823.
Please contact me if you have questions or require additional information.
Sincere
-�Z
Francis H. MacCall
Principal Planner
Designee to the Zoning Administrator
Attachment: Zoning Map
Jones & Green LLP
917 E Jefferson St
Charlottesville VA 22902
Attn: Joan Cornelius
Franklin Birkhead
1928 Arlington Blvd #100
Charlottesville VA 22903
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources May 5, 2014