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HomeMy WebLinkAboutCLE200900217 Legacy Document 2010-02-11I'IRGIl`�P COUNTY OF ALBEMARLE Department of Community Development dol McIntire Roar], North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 February 11, 2010 Anvince Land Trust 255 Ipswich Place Charlottesville, VA 22901 Re: Letter of Determination of Use - Fisher Auto Parts Dear Sue: This correspondence is in response to your letter dated December 4, 2009 in which you expressed your challenge to assist tenants in locating commercial properties. In particular, you referenced the space located at 2111 Berkmar Drive, which is zoned Commercial ( "C -1 ") as an ideal location for Fisher Auto Parts. According to your letter, Fisher Auto Parts has both in- coming receiving and out -going local delivery of their auto parts that are kept in inventory, while also displaying parts and offering them for sale. The Albemarle County Zoning Ordinance classifies this use as "new automotive parts sales," which is not explicitly permitted by right in the C -1 zoning district. However, the zoning administrator is granted the authority to authorize uses otherwise not explicitly listed by right if she has consulted with the director of planning and /or other appropriate officials and has determined that it is similar in character to other permitted uses currently listed by right in C -1 (see Ch. 18, Section 22.2.1). More specifically it is our determination that new automotive parts sales is similar in impact, operation and traffic generation to furniture and home appliance (sales and service), hardware store, musical instruments, visual and audio appliances, sporting goods, and automobile service stations, all of which are allowed by right in C -l. This official determination should accompany your Application for Zoning Clearance (CLE # 2009 -217), which was approved December 29, 2009. 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. Sincerely, W_\_� Sarah IJlYaldwin Senior Planner Cc: Determinations file Zoning clearance 2009 -217