HomeMy WebLinkAboutHO201400111 Legacy Document 2014-08-08COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
August 8, 2014
Jason Perry
T/A Trident Shield LLC
5286 Markwood Road
Earlysville, VA 22936
Fax (434) 972-4126
Re: Home Occupation 2014-111 Trident Shield LLC — denial determination
Dear Mr. Perry,
The purpose of this letter is to take action to close the file on your pending home occupation
permit request. It is my understanding that you have relocated the business to a commercial
location.
We are not able to approve your home occupation because it does not comply with the
Albemarle County Zoning Regulations relating to home occupations in the following aspects:
1. Use - the business involves group training classes and open gym. The gathering of
groups of people for training, constitutes a private school. A private school may not be
permitted as a home occupation and is instead allowed in the Rural Areas zoning district
as a use by special use permit (§10.2.2 (5)). This requirement applies even when
multiple people are carpooling so as to reduce traffic.
2. Activities Conducted Outdoors — the home occupation regulations limit the conduct of a
home occupation to area indoors (inside a building). This is expressed within the
definition (§3.1) and location regulations (§5.2A(b)). In addition, the only activities
specifically allowed outdoors are parking vehicles, storing vehicles and natural materials
(§5.2 A(f) and (g)).
With this letter, I am hereby denying your home occupation permit. I am including the standard
appeal language in the event you wish to appeal this determination. I wish you success at your
new location. We are also closing the zoning complaint file at your home location.
If you are aggrieved by this determination, you have a right to appeal it within ten (30) days of
this notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a ten (10)
day appeal period applies to appeals of decisions pertaining to temporary or seasonal
commercial uses, and such appeals shall be filed within ten (10) days after this decision. 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
Page 2
August 8, 2014
Letter Re: Trident Shield Home Occupation
Administrator and the Board of Zoning Appeals, in accordance with Albemarle County
Code §.18-34.3, 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 appeals of
decisions 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 outlined
in Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.org/countVcodebza.
Sincerely,
J4A-E
Amelia G. McCulley, A.I.C.P.
Zoning Administrator