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Home My WebLink AboutLOD200600015 Letter of Determination 2006-07-07F; t. of AL U �8td `IRGINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 7, 2006 Joyce S. Holloway, Arwin L. Jenkins Robert W. Woodward & Joyce A. Woodward 7098 Markwood Road Earlysville, VA 22936-1507 RE: Official Determination of Use Tax Map 8, Parcel 34C Dear Ms. Holloway: You have asked for a determination of the status of the prior use of this property for automobile sales, as a junk yard and as a manufactured home park. This response is based on your letter dated May 16, 2006 and subsequent phone conversations. Automobile Sales and Junk Yard uses I understand that your father, Mr. Wilmer Lee Shifflett operated Nortonsville Used Cars on this site from 1964 until February 8, 1998. The dealer license expired on June 20, 1998. The only commercial activity on the site since 1998 has been the disposal of an estimated 300 vehicles. That cleanup work was completed by 2000. Neither automobile sales nor junk yards are permitted by right or by special permit in the Rural Areas zoning district. Your father was able to legally operate this business because it was nonconforming based on the fact that it was established prior to the adoption of zoning in Albemarle County in 1969. It is my determination that since the business has been discontinued for more than two years it has lost its nonconforming status. The property shall not be used for automobile sales or as a junk yard in the future. Section 6.2.G of the zoning ordinance is enclosed for your reference. Mobile Home Subdivision Our records indicate the parcel contains 10.00 acres. It is improved with a single family dwelling and 2 residential mobile homes. I understand that there was an additional mobile home on the property from sometime in the 1960s until October 23, 2004. The three dwellings on the parcel are nonconforming because Section 32.2.1.a of the zoning ordinance requires a site development plan for the location of three or more dwellings --on a parcel. Section 6.3.D permits the replacement of a nonconforming manufactured home. It is my determination that the manufactured mobile home that was removed on I:\DEFRCommunity Development2oning & Current Development\determinations\Determination General\2006\8-34C auto sales & junk yard & manufactured home uses.doc Joyce Holloway �) July 7, 2006 Page 2 October 23, 2004 may be replaced if done so by October 23, 2006. After that date the removed manufactured home loses its nonconforming status. The fact that there were three manufactured homes on the property in the past does not create a right to develop a mobile home subdivision on the property in the future. This determination is subject to verification that the manufactured home was on the property until October 23, 2004. Sections 6.3.D and 32.2.1.a of the zoning ordinance is enclosed for your reference. If you are aggrieved by this determination, you have a right to appeal it within thirty 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 contact me. Sincerely, John Shepherd Manager of Zoning Administration Sec. 6.2 Nonconforming uses. G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the use is located, if the nonconforming use is discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The two (2) -year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this section 6.2. The continuation of a use that is accessory to the nonconforming use during the two -(2) year period shall not continue the nonconforming use. Sec. 6.3 Nonconforming structures. D. Replacement of a nonconforming manufactured home. A nonconforming manufactured home may be replaced with another manufactured home, provided it is labeled in accordance with the current edition of the Virginia Manufactured Home Safety Regulations, and is installed in accordance with the current edition of the Virginia Uniform Statewide Building Code. Section 4.1.6 of this chapter shall apply to the replacement of the manufactured home. 32.2 WHEN REQUIRED 32.2.1 A site plan shall be required for any construction, use, change in use or other development in all zoning districts; provided that no site plan shall be required for the following: a. The construction or location of any single-family detached dwelling which is located upon a lot whereon are located or proposed to be located an aggregate of two (2) or fewer dwellings. I:\DEPT\Community Development2oning & Current Development\determinations\Determination General\2006\8-34C auto sales & junk yard & manufactured home uses.doc May 16, 2006 Mr. John Shepherd, Please issue a letter of status on this parcel 00800-00-00034C0. This request is for a determination of use as I explained on the phone. Mr. Wilmer Lee Shifflett was the owner of Nortonsville Used Cars, located on the property until Feb.8,1998. Mr. Shifflett, my father, passed away. The Dealer tags expired June 20,1998. Nortonsville Used Cars closed and the assets were sold as part of personal property by myself as administrator of his estate. Mr. Shifflett left a will that was not accepted by Albemarle County. The heirs however signed a contract to execute my fathers wishes. The death of my twin sister, one of the three children, Janet Lee Morris left her part to her heirs. Unfortunately Mr. Morris sold his interest in property without honoring the estate agreement. That brings us to Wayne Wooward and his wife Joyce who purchased the interest without partitioning the court as prescribed by law. Mr.Morris was able to sell one third of the property when he owned only a sixth. This is now before the court. The date will be set on May 25,2006. Mr. Woodward is claiming that there is some nonconformities on this property, but he will not name what they are. That brings us to the problem. Mr. Shifflett had over three hundred junk cars on the property. He would buy two cars, fix one up for sale and crush the others for sale by weight. Also, there was a garage on the premises used for his own use, not commercial repairs. Mr. Woodward is suggesting that this was a salvage yard. That is not so, my father never had a license to sell salvage. Mr. Wooward is also suggesting the property was a mobile home park. Mr. Shifflett did have a elderly mother who resided on premises. She moved there sometime in the nineteen -sixties. Mr. Shifflett's brother inherited his mothers mobile home and was allowed to stay on until he was no,longer fit to live alone. On October 23, 2004 the mobile home was removed. We had two years to replace the home. Mr. Woodward purchased property .on Feb. 16, 2004, this was long pass the closing of the business on June 20, 1998. Since the attorney will not identify what Mr. Woodward's issues are this leaves me to find out what can be done with the property. The parcel has five division rights or more or less depending on the acreage which is ten acres, more or less. Please call me if you need any more information that I may have over looked. No rsf�� Thank You, Sincerely Joyce Holloway �D2006 -0 45