HomeMy WebLinkAboutLOD201500001 Legacy Document 2015-01-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 26, 2015
Nathaniel H. Eubanks
8715 Schuyler Road
Schuyler, VA 22969
Re: Official Letter of Determination
Not Nonconforming Use for Natural Resource Extraction
(LOD 2015-01) (Tax Map 126, Parcel 31A8 at 8715 Schuyler Road)
Dear Mr. Eubanks,
This letter is in response to your letter of determination application for the above -referenced
property located at 8715 Schuyler Road aka Route 800 (the "Property").
Based upon prior determinations issued for TM Ps 126-31 A2, 126-31 A3, and 126-31 A4
(LOD 2013-008 & LOD 2013-003), it is my determination that there is no legally
nonconforming use for mining or other natural resource extraction activity on the Property.
Evidence relevant to this determination includes:
Your affidavit dated October 17, 2013 stated that no mining activity has been observed at
the back of your Property since 1973.
1966, 1974 and 1980 aerial photos of the property show no quarry holes on parcel 31A8. In
addition, no portion of the Property is included within the disturbed area of the 1991 or 1998
DMME permit amendment maps. Due to the absence of any evidence of mining activity on
the property, we conclude that no natural resource extraction has occurred on the property
since the adoption of zoning in 1980; therefore, a nonconforming quarry use does not exist.
While stockpiling of materials and vehicular access to other nearby properties being mined
may have occurred on the property during this time, these activities are considered
accessory to natural resource extraction and do not establish a nonconforming use unless
they are associated with natural resource extraction occurring on the same property.
This Determination is limited to Tax Map 126, Parcel 31A8, and it does not amend or
supersede any prior determinations pertaining to the Serpentine mine on other parcels. This
Determination does not affect or pertain to the right-of-way that crosses the northwest
corner of the property and extends into Nelson County. We can later consider the zoning
Nathaniel H. Eubanks
January 26, 2015
Page 2
status of the right-of-way in a separate determination if you provide us with a copy of the
recorded documents establishing the right-of-way (Nelson County Deed Book and Page
224-370) and provide written confirmation from a qualified Nelson County official as to
whether the right-of-way in Nelson County is a public right-of-way or a privately held
easement. This Determination also does not affect or pertain to privately owned mineral
rights that may be reserved in the Property, except to the extent that those rights may be
exercised under the Albemarle County Zoning Ordinance.
Anybody aggrieved by this determination, has a right to appeal it within 30 days of this
notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a 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 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/countycodebza.
Sincerely,
' /Z
Amanda Burbage
Senior Planner
Cc: Nan Flynn
Vance Wilkins
Jo Higgins
Attachment A: Evidence Relevant to Determination
Attachment A — Evidence Relevant to Determination
Resident affidavits
1) Nathaniel Eubanks, October 17, 2013 — "have not seen or heard any mining activities in the
Quarries behind my home where I live 8715 Schuyler Va 22969 (home address). The last
time I can remember any activity was back in 1973"
DMME inspection reports
2) 1-10-83 DMME Inspection Report (Permit M-160) - notes mining site is "closed down";
operation status "inactive"
3) 10-7-83 DMME Inspection Report (Permit M-160) - inactive status; "no mining at this site in
the last couple of months"
4) 11-5-84 DMME Inspection Report (Permit M-160) - inactive status; "no change in
operations"
5) 5-16-85 DMME Inspection Report (Permit M-160) - inactive status; "still trying to find
investors to re -open the site"
6) 4-1-86 DMME Inspection Report (Permit M-160) - inactive status; "there is still no active
quarrying being done"
7) 3-2-87 DMME Inspection Report (Permit 569) - "an existing quarry ... is being cleaned up &
readied for production"
8) 5-18-87 DMME Inspection Report (Permit 569) - "the operation has begun the removal &
processing of stone from the quarry N of the office"
Maps
9) 1986 sketch map, included in Tulikivi's 1989 DMME permit amendment - labels the
northernmost abandoned quarry holes as lagoons
10) Exhibit #2, included in Tulikivi's 1989 DMME permit amendment — documents plan to
remove dump block from Serpentine Quarry
11)1991 DMME permit amendment map - includes only an access road and stockpile area
within the disturbed area
12)1998 DMME permit amendment map - includes only a stockpile area and detention basin
within the disturbed area
Attachment B: Evidence Relevant to Determination
Aerial photography
13)1966 —no quarry hole present on Mr. Eubank's property
14)1974 — no quarry hole present on Mr. Eubank's property
15) 1980 — no quarry hole present on Mr. Eubank's property
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