HomeMy WebLinkAboutLOD201500010 Action Letter 2015-06-10�'jRGINtiP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 10, 2015
Nancy Flynn
8669 Schuyler Road
Schuyler, VA 22969
Re: Official Letter of Determination
Use of Access Road for Removal of Stockpiled Stone or Other Mining
Activities (LOD 2015-10) {Tax Map 126, Parcel 31A2; Tax Map 126, Parcel
31A3; Tax Map 126, Parcel 31A4; Tax Map 126, Parcel 31A5; Tax Map 126,
Parcel 31J}
Dear Ms. Flynn,
This determination is in follow up to LOD 2013-8 and LOD 2013-3 issued by Amelia
McCulley on July 29, 2014. These determinations are final and may not be appealed
since no appeal was made within 30 days of the determinations being issued. This
determination (LOD 2015-10) relates to the use of the access road located between
parcels TMP 126-31A2 and TMP 126-31A3 and providing access to TMP 126-31J for
surface removal of previously mined soapstone or for other activities related to mining
on that property. TMP 126-31J has a nonconforming mining use based upon a prior
determination issued by Ron Higgins on August 10, 2012. There is no legally
nonconforming use for mining or other natural resource extraction activity on TMPs 126-
31A1,126 -31A2,126 -31A3, 126-A4, 126-A5, 126-31A7,or 126-31A8 based upon prior
determinations issued (LOD 2013-003, LOD 2013-008, LOD 2014-24, LOD 2015-001,
LOD 2015-02, and LOD 2015-06).
It is my determination that the aforementioned access road may not be used for the
removal of stockpiled soapstone or for other activities related to mining across Rural
Area properties for which there is no underlying nonconforming mining use or mining
use permitted by the zoning. This is because removal of surface stone is a use
accessory to mining, and mining is not a permitted use on all of the properties on which
the access road is located. This conclusion is based upon the following:
1. Removal of surface stone does not constitute the primary use of mining.
LOD 2013-08 and LOD 2013-03 previously established that "Stockpiling and removal of
stockpiled stone does not constitute a `process by which minerals is (are) removed from
Use of Access Road for Surface Removal of Soapstone
June 10, 2015
Page 2
any open pit, borings or any other underground workings' (Albemarle County Code §
18-3.1 (definition of natural resource extraction))." Active quarrying activity on the
subdivision parcels is estimated to have ended decades ago with leftover soapstone
blocks being set aside in various piles on the surface of the ground, some of which have
since become overgrown with vegetation. Removal of stone from these piles does not
constitute removal from an open pit, borings or from underground workings and
therefore fails to meet the County's definition of natural resource extraction.
Albemarle County Code § 18-30.4.02.1 establishes stockpiling as an accessory use to
natural resource extraction. As such, removal of stockpiled materials may occur on a
parcel where natural resource extraction (mining) is a primary use.
2. An accessory use must occur on the same property as the primary use.
By definition, an accessory use must occur on the same property as the primary use.
(Albemarle County Code § 18-3.1). The use of an access road to remove stockpiled
materials or for other purposes related to mining is accessory to a mining use. In this
case, TMP 126-31J has a nonconforming mining use, therefore any use of an access
road to remove stockpiled materials from the property or for other uses related to mining
must be limited to this property and any other properties where mining is a permitted
use.
3. In order for the access road to be used for activities accessory to mining,
mining must be allowed as a primary use in the underlying zoning district.
Prior determinations have established that there is no legally nonconforming use for
mining or other natural resource extraction activity on TMPs 126 -31A2,126 -31A3, 126-
31A7,126 -31A8, 126-31A5, or 126-31A1. In order for the access road to be used
across these properties for the removal of stockpiled materials or for other activities
related to mining, mining must be permitted in the underlying zoning district. Natural
resource extraction is not a permitted use in the Rural Areas zoning district; therefore
the use of an access road to remove stockpiled soapstone or other activities related to
mining is not permitted in the Rural Areas zoning district. This conclusion is consistent
with Capelle v. Orange County, 269 Va. 60 (2005), where the Virginia Supreme Court
concluded that, because the mining operation was not allowed in the residential zoning
district, the mining access road, which was accessory to the primary mining use, was
likewise not allowed in the residential zoning district.
Anybody aggrieved by this determination, has a right to appeal it within 30 days of this
notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a 10
day appeal period applies to appeals of decisions pertaining to temporary or seasonal
commercial uses, and such appeals shall be filed within ten 10 days after this
decision. If you do not file a timely appeal, this determination shall be final and
unappealable.
Use of Access Road for Surface Removal of Soapstone
June 10, 2015
Page 3
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Albemarle County
Code § 18-34.3, 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 appeals of decisions 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
outlined in Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.org/countycodebza.
Sincerely,
V //1' 6
Amanda Burbage
Senior Planner
Cc: Bonnie Harden
Jessica Jones
Vance Wilkins
Jo Higgins