HomeMy WebLinkAboutLOD201500002 Legacy Document 2015-01-29COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 29, 2015
Jessica L. Jones
8683 Schuyler Road
Schuyler, VA 22969
Re: Official Letter of Determination
Not Nonconforming Use for Natural Resource Extraction
(LOD 2015-02) {Tax Map 126, Parcel 31A5 at 8683 Schuyler Road)
Dear Ms. Jones,
This letter is in response to your letter of determination application for the above -referenced
property located at 8683 Schuyler Road aka Route 800 (the "Property").
Based upon prior determinations issued for TMPs 126-31A2, 126-31A3, and 126-31A4
(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.
This determination also relates to accessory uses to natural resource extraction, including
access roads.
Evidence relevant to this determination includes:
Aerial photography shows that, at some point between 1966 and 1974, the quarry on. parcel
31A5 filled with water. Because of the impracticality of removing stone from a quarry filled
with water and the absence of evidence to the contrary, we conclude that natural resource
extraction ended sometime prior to 1974.
A 1986 map included with Tulikivi's 1989 DMME permit amendment labels the quarry hole
located on the Property as an abandoned lagoon. Exhibit #2 of the same 1989 permit
amendment states that there is "no actual quarrying at the present time" and makes
reference to removing old soapstone blocks from this quarry. A portion of the Property
designated for a road providing access to the slurry reservoir is included within the
disturbed area of the 1991 DMME permit amendment map; however, an access road is only
accessory to a natural resource extraction use and cannot on its own create a
nonconforming status for a mining use occurring on an adjacent parcel. No portion of the
property is included within the disturbed area of the 1998 DMME permit amendment map. .
Jennifer L. Jones
January 29, 2015
Page 2
This Determination is limited to Tax Map 126, Parcel 31A5, and it does not amend or
supersede any prior determinations pertaining to the Serpentine mine on other parcels. 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,
OL /Z- /� ��
Amanda Burbage
Senior Planner
Cc: Vance Wilkins
Jo Higgins
Attachment A: Evidence Relevant to Determination
Attachment A — Evidence Relevant to Determination
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
Aerial photography
13) 1966 — quarry hole partially established on Ms. Jones' property
14) 1974 — quarry hole established on Ms. Jones' property & appears to be filled with water