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Home My WebLink AboutLOD201400007 Letter of Determination 2014-08-06COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 6, 2014 Charles Collier P O BOX 265 Earlysville VA, 22936 RE: LOD2014-00007 - OFFICIAL DETERMINATION OF USE - Tax Map 9, Parcel 8 (Property of JOHN WAYNE COLLIER, LIFE ESTATE C/O CHARLES COLLIER) (the "Property") White Hall Magisterial District Dear Sir: You have inquired about placing an additional manufactured home on your property, Tax Map 9 Parcel 8 (the "Property). There are presently three manufactured homes and one conventionally -built dwellings on the Property. This determination of use pertains to the number of dwelling units located on the Property where some of those dwelling units are manufactured homes. The key issue is whether adding a fourth manufactured home on the Property creates a "Mobile Home Park," as that term is defined in the Zoning Ordinance. The Property is zoned Rural Areas, RA. The Albemarle County Real Estate Assessment records indicate that there are three (3) residential manufactured homes (1003, 1009, & 1013 Rambling Rose Lane) and one residential detached single family home (1345 Simmons Gap Road) on the Property. Section 3.1 of Chapter 18 of the Albemarle County Code (the "Zoning Ordinance") defines Mobile Home Parks as follows: One (1) or more contiguous parcels of land in which three (3) or more rental lots are provided for mobile homes. A Mobile Home Park is not a permitted use within the RA zoning district. The terms "Mobile home" and "manufactured home" are synonymous. Albemarle County Code § 18-3.1 (definition of "manufactured home"). Although the RA district regulations allow mobile homes as a by -right use in limited circumstances, those regulations are pre-empted by Virginia Code § 15.2-2290, which requires that manufactured homes used as single-family detached dwellings in agricultural zoning districts such as the RA zoning district be permitted as provided for conventionally constructed dwellings. It is the County Attorney's advisory opinion and my official determination that the mere addition of a fourth manufactured home on the Property, to be rented as such, is permitted by right under the Zoning Ordinance and Virginia Code § 15.2-2290. The proposed use, as you have explained it to me, would not be a Mobile Home Park because you will not be renting "mobile home lots" upon which someone may place their manufactured home, but will be renting the manufactured home itself. The RA district regulations allow multiple dwellings on a parcel and current Albemarle County regulations allow two dwellings to be on a parcel, density permitting, without having to obtain site plan approval or subdivide the property. To have three (3) or more dwellings on a parcel, a property owner is required.to obtain approval of what today is called a Site Plan Exception or is August 6, 2014 LOD-2014-00007 Page 2 of 2 required to subdivide the parcel per applicable zoning and subdivision regulations. The current configuration of the three (3) manufactured homes was permitted in 1982 with what at that time was called a Site Plan Waiver. This Site Plan Waiver allowed the placement of the 3rd and 4th dwellings (both manufactured homes) on the Property. This was approved through SDP -1982- 00015. To allow a fifth dwelling on the property either a new Site Plan Exception must be granted or a division of the Property must be approved. It is my understanding that you have proposed a subdivision of land to accomplish the placement of one additional manufactured home on the Property. The following is not a determination but rather a statement of the type of subdivisions of land that may be possible to allow one additional manufactured home on the properties owned by the John Wayne Collier Life Estate. The proposal presented informally to the County was to first divide parcel 8 into two parcels so that the single family residential dwelling (1345 Simmons Gap Road) would stand alone on a parcel of 21 acres or more leaving the three (3) manufactured homes on the remaining residue, density permitting. This type of division appears to be feasible as what is described in the Subdivision Ordinance as a Rural Subdivision. During the review of the Rural Subdivision application, a Boundary Line Adjustment to add a minimum of 2 acres with a building site from the residue of Parcel 8 (the portion with the three (3) manufactured homes) to the adjacent parcel known as Tax Map 9 Parcel 8B can be considered. If the Rural Subdivision is approved and recorded then the new Parcel 8B could be divided as a Two Lot Subdivision and allow a manufactured home to be placed on the new lot created. These are general statements and are not to be considered a review of any proposal for approval by the Agent of the Board of Supervisors. If you are aggrieved by this determination, you have a right to appeal it 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. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, 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. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.or. /cq ountycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) If you have any questions, please contact me. 4raSince ncis H MacCall Principal Planner Attachment: Tax Map of the Property Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 6, 2014 TMP 9-8 Collier 9-5B 1075 1042 9-6D -� % ��1425 , ' Legend (Note: Some items on map may not appear in legend) 9-61 �Q� 1.row 9-6F VN 9-16C 1396 °wMM��n� E�m o F aeRESCUE� S—ON 6887 ' p9� ° Ca" L0 OQ- Y � ° CE S1An0N m Posy o ` aEOREA, T ®�Ro�asM a`o 1383 P o 9-5A a �✓ 1003 '71". ,>--d. �GQ 9-6J �'QP 1009 9-8B 1013 9-16 f :R 9-6L 1069 9 6K�� 2rQy „n P;°` 9-5 663 9-8 -_, 1345 = TM: 9 1397 z 8-41 B 4' m v ai Q w � r 6530 41 9-140 -A 9-7 9-8A 9-1401 9-9 ' -sl J 9-14G 350 ft y OE ALBF 02 Ilf �' GIS -Web Geographic Data Services 8-48 y www.albemarle.org �Lxc (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 6, 2014