HomeMy WebLinkAboutLOD200900001 Letter of Determination 2009-01-13�� OF ALBS,
�'IRGINZP
COUNTY OFALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
January 13, 2009
Tim Rose
Chief Executive Officer
University of Virginia Foundation
PO Box 400218
Charlottesville, VA 22904-4218
Re: Official Determination of Use — Piedmont House (TM 77, Parcel 25)
Dear Mr. Rose:
The purpose of this letter is to provide an official zoning determination of use for the
Piedmont House facility on the above -referenced property. This property is zoned
Rural Areas and is located at 1800 Monticello Road on the north side of Route 20 or
Monticello Road near the interstate interchange. It is my opinion that the Piedmont
House constitutes a public use under the Albemarle County Zoning Ordinance.
Because this use has been in existence for over 20 years and no expansion or change
of use is currently proposed, the Director of Planning has found that review for
compliance with the Comprehensive Plan is not necessary.
The continued purpose of the Piedmont House has consistently been "residential care
and counseling of non-violent offenders." The vast majority of the funding for this use
($285,000 of $290,000) is from the Virginia Department of Corrections. The Piedmont
House has been operated by organizations with different names such as Jefferson Area
Community Diversion Program, Inc. in 1989 and Gemeinschaft Home in 1999. While it
is not relevant to the use determination, the property was transferred to the UVA
Foundation in 2001.
Because the vast majority of the funding for this use comes for a state agency, the
Department of Corrections, this constitutes a public use under the Zoning Ordinance.
Public uses are permitted by -right in every zoning district. This use category (with
emphasis added) is: Public uses and buildings including temporary or
mobile facilities such as schools, offices, parks, playgrounds
and roads funded, owned or operated by local, state or federal
agencies (reference 31.2.5); public water and sewer transmission,
main or trunk lines, treatment facilities, pumping stations and
the like, owned and/or operated by the Rivanna Water and Sewer
Authority (reference 31.2.5; 5.1.12) . (Amended 11-1-89)
Tim Rose
Official Determination of Use — Piedmont House (TM 77, Parcel 25)
January 13, 2009
Page 2
By copy of this letter, I am informing the Building Official of this decision. He will
consider whether the issuance of a certificate of occupancy is appropriate at this point.
I am including the standard appeal language to make this an official determination. If
you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.2-
2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
If you have any questions, please do not hesitate to contact me.
Sincerely,
A elia . 0 cCulley, ).
Zoning Administrator
Cc:. Reading File (and County View)
Jay Schlothauer, Building Official