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HomeMy WebLinkAboutCLE200900043 Legacy Document 2010-02-09of ALg COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Joaquin and Alfredo- Alvarado Mexican & Italian Restaurant - 1863 Seminole Trail Charlottesville, VA 22901 Fax (434) 972 -4126 Re: Dance -Hall Per (45C- 2 -4 -at 1863 Seminole Trail) and Amendment to Zoning Clearance 2009 -043 for Mexican & Italian Restaurant ! Dear Mr. Alvarado and Mr. Alvarado, On February 3, 2010, the Albemarle County Board of Supervisors approved your dance hall permit on their consent agenda. Based on our inspection today we have confirmed that you have marked the dance floor area of 225 square feet. Based on this approval, you are authorized to hold public dancing in accordance with County Code Section 12 -200. Please be informed that this approval is based on the limited dance floor area and all applicable requirements from the Fire Marshall and Building Official as well as state and.federal agencies such as the Virginia Department of Alcoholic Beverage Control. This zoning approval is based on dancing as accessory to a restaurant. The definition of "restaurant" found within section 3.1 definitions in chapter 18 (Zoning Ordinance) states: Dancing by patrons shall be considered as entertainment accessory to a restaurant, provided the space available for such dancing shall not be more than one - eighth (118) of that part of the floor area available for dining. Provisions for dancing made available under this definition shall be subject to the permit requirements of Chapter 12 of the Code of Albemarle. If your dance floor exceeds 225 square feet or if the area devoted to dining is reduced, this will constitute a zoning violation. Tb abate the violation, you will either need to obtain a special use permit or you will need to reduce the dance floor area. If you have any questions, please do not hesitate to contact me. Sincerely, Amelia G. McCulley, A.I.0 P. Zoning Administrator Cc: Van der Linde Housing 2820 Hydraulic Road Suite 1 Charlottesville, VA 22901 James Barber (via email) Jay Schlothauer (via email) Chief John Miller (via email)