HomeMy WebLinkAboutCLE201100018 Legacy Document 2011-02-184$
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
February 18, 2011
Azhar Ali Khan
471 Snake Road
Lumberton, NC 28358
RE: Official Determination of Use and Denial of Zoning Clearance — Zoning Clearance
CLE 2011 -18; Internet Cafe & Business Center, 04500- 00- 00 -094AO
Dear Mr. Khan,
This letter is in response to your application for a zoning clearance. Your a -mails dated January
31, 2011 and additional a -mails dated February 3, 9, and 14th, further describe the proposed
use. In considering your application, I have reviewed the above - referenced information and
applicable zoning regulations of the property, zoned Planned Development Shopping Center
(PDSC). It is my determination that the proposed use is considered an "amusement center" and
is therefore permitted only by special use permit. Because a special use permit has not been
approved for this use in this location, I am hereby denying your application for a zoning
clearance.
Although the term "cafe" is in the business name, no food service is proposed, according to your
description and floor plan. While the proposed Internet Cafe & Business Center would be
providing fax, ATM, and phone services, there is no use classification in the Zoning Ordinance
for an internet cafe or business center.
Furthermore, from the information you provided, the majority of the use apparently would be
devoted to computer time, including on -line sweepstakes gaming. Under the uses listed in the
Zoning Ordinance, this use is considered an amusement center, which is permitted by special
use permit in the PDSC Zoning District under Section 25.2.2.1 Commercial recreational
establishment included but not limited to amusement centers, bowling alleys, pool halls and
dance halls.
Amusement Centers are defined in the Albemarle County Zoning Ordinance as "any
establishment, business, or location in which there are more than three (3) amusement
games /devices." Section 3 of the Zoning Ordinance defines an "amusement game /device" as:
Amusement Game /Device: A mechanical, electrical, or electronic coin- or token - operated
machine or device which may be operated by the public for use as a game, entertainment or
amusement, including but not limited to such devices as pinball machines, vided games or any
game utilizing a video tube to reproduce symbolic figures but excluding machines or devices
which provide an electronic reading or weight, photograph, lamination or item of merchandise
such as blood pressure machines, photo booths, vending machines and the like.. Amusement
game machines shall also include such devices as pool tables, billiard tables, carom tables,_
shuffle bowling, and other such devices and gaming tables whether or not the same shall be coin -
or token - operated. (Added 1 -1 -83)
Given their proposed use in on -line sweepstakes gaming, the 20 -25 computers proposed in
your application are considered amusement devices, making your proposed use an
"Amusement Center."
If you are aggrieved by this determination, you have a right to appeal it to the Board of Zoning
Appeals within thirty (30) days of this notice, in accordance with Virginia Code § 15.2 -2311. If
you do not file a timely appeal, this determination shall be final and unappealable.
Under § 34.3 of the Zoning Ordinance, an appeal may be taken by filing with the Zoning
Administrator and the Board of Zoning Appeals an appeal application, 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 the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of
an appeal to the Board of Zoning Appeals, is found in Chapter 18 of the Albemarle County Code
and is available online at:
htto: / /www.albemarle.ora /upload /imaaes /Forms Center /Departments /County Attornev /Forms /AI
bemarle County Code Ch18 Zoning34 Appeals.pdf.
Please let me know if you have any questions. Because this is an official determination, it will
become final if not appealed. If you wish to pursue a special use permit, I would be happy to set
up a pre - application conference for you to discuss it further with staff.
Sincerely,
x
Amelia McCulley
Zoning Administrator
Cc: AEW SCT RIO HILL LLC C/O AEW CAPITAL MANAGEMENT LP, WORLD TRADE CT EAST TWO
SEAPORT LN ,BOSTON MA, 02210 -2021
Azhar Khan
February 18, 2011
RE: CLE 2011 -18
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