HomeMy WebLinkAboutSP200200037 Action Letter
APPLICATION
NOT
ACCEPTED
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126
June 6, 2002
TELEPHONE (434) 296-5832
110 (434) 972-4012
John Jane Brain Injury Center
C/O Nancy Richardson
401 East High Street
Charlottesville, VA 22902
RE: SP-2002-037, Group Home on Tax Map 81, Parcel 8, Zoned Rural Areas
Dear Ms. Richardson:
This letter replaces my letter to you dated May 30,2002. This is written after
discussions with you and Mr. Bucci, and a review of the letter with attachments, dated
June 6, 2002 from Mr. Bucci.
This letter is to inform you that your application for a special permit for a group home
can not be accepted since the proposed use is not allowed by special permit in the
Rural Areas zoning district. The definition of group home found in Section 3.1 of the
zoning ordinance was amended by the Board of Supervisors on October 3, 2001 and is
based on Virginia Code 15.2-2291. That section requires that the home or facility be
licensed by the Virginia Department of Mental Health, Mental Retardation and
Substance Abuse Services. I understand that the John Jane Brain Injury Center does
not qualify for licensure by the Department of Mental Health, Mental Retardation and
Substance Abuse Services. Therefore, it is determined that the John Jane Brain Injury
Center does not meet the definition of group home.
I have identified three options you may choose to pursue.
(1) You have a right to appeal this use determination 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 $95.
The date notice of this determination was given is the same as the date of this letter.
(2) You may apply for a zoning text amendment that would allow this use in the Rural
Areas district.
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John Jane Brain Injury Center
June 6, 2002
Page 2
(3) You may locate this facility on a parcel with zoning that permits the use. I understand
that the facility currently provides services that are subject to the standards and
regulations of the Virginia Department of Social Services for licensed adult care
residences. Facilities subject to this license are considered to be included in the nursing
home, rest home, convalescent home, orphanage use category for zoning purposes.
These uses are only permitted by special use permit in the following districts: R-2, R-4,
R-6, R-10, R-15, PRD, PUD-R, C-1 , CO, HC, PUD-C and PD-MC.
Please contact me if you have questions or wish to discuss these or other options. The
fee submitted with the application will be refunded to you.
Sincerely,
~
John Shepherd
Manager of Zoning Administration
Copy: Mr. Ken Bucci
McClure. Callahan & Atkins
P.O. Box 1333
Charlottesville, VA 22902
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