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HomeMy WebLinkAboutSP199700055 Action Letter VOIDED PERMIT .. .J COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 223 Charlottesville, Virginia 22902-4596 Building Code Information (804) 296-5832 FAX (804) 972-4126 TID (804) 972-4012 Zoning Information (804) 296-5875 December 10, 1997 Joseph B. F. Phillips, AlA Osteen Phillips Architects 108 Second Street SW No. 35 Charlottesville, Virginia 22902 Re: OFFICIAL DETERMINATION Golf Netting and Poles in the Floodway Tax map 78, Parcel 15C 1 Dear Joe: This letter serves to take a position and offer a written determination from which the parties in interest will either be satisfied, or if aggrieved may seek an appeal. It is my opinion, after review of the information submitted with your site plan, your letter of November 13, 1997 and the manufacturers information submitted December 9, 1997, that the poles and barrier netting associated with your golf driving range cannot be located in the Flood Hazard Overlay District. The preliminary site plan for this project, prepared by your firm and dated 10/16/97, proposes a series of 19 poles, along a distance of approximately 900 feet, to be used for hanging barrier netting in the Flood Hazard Overlay zoning district. This is shown as "75' barrier netting" on the plan. You have stated in your letter that these poles and barrier netting constitute a "fence" and further that both fences and driving ranges are allowed by right in the floodway as stated in Sections 30.3.5.1.1 (2) and (4). Your other supporting statement notes that utility poles, which are similar to your poles, are allowed by right in the floodway. It is my opinion that the proposed structure including the poles and barrier netting which are intended to "catch" golf balls is NOT a fence. It is also my opinion that this structure is a commercial structure like any other and not allowed in the Flood Hazard Overlay zoning district. There are many fences in Albemarle County, however, there is no similar structure to what you are requesting. The fences found in our county and anticipated by our ordinance are generally four to six feet in height, with perhaps up to ten or twelve feet for the fence around the Joint Security Complex. It is not reasonable to think that the proposed structure is classified as a fence. This structure is not usual or customary as Page 2, Letter to Joseph B. F. Phillips Official Determination: Poles and Barrier Netting December 10, 1997 accessory to any use or property other than a specific recreational facility or park where one would find items such as a baseball backstop, batting cage or some similar structure. The information I have found on those items have indicated that twelve feet is an industry standard for even these speciality structures. According to Yokley's Zoning Law and Practice, case law has determined that back stop and side stops for tennis courts have been held not to be fences. I believe that your poles and barrier netting would also be in this category, and be determined not to be a fence. You have stated that since the driving range is allowed by right in the floodway and this structure is an integral part of the use, it must be allowed. To the contrary, I have called and visited a number of driving ranges that have no such structure and have been operating successfully. Therefore, our ordinance is appropriately written allowing the use, "driving range," but not allowing such a structure of poles and netting in the floodway. Section 30.3.5.1.1 (2) that allows the driving range under the broader category of "recreational uses" also specifically excludes structures of any kind in the floodway. Another example of this exclusion would be that "picnic grounds" are allowed, but a permanently affixed picnic table or shelter would not be allowed. Similarly, "athletic fields" are allowed, but a backstop or bleachers would not. These exclusions do not prohibit the use, only limit them to make the use appropriate in the Flood Hazard Overlay District. Finally, utility poles are allowed only for distribution of local service and only if they are owned and operated by a public utility. Public utilities are allowed in every district because they serve the public at large and perform a public service that is essential to the health of the community. Public utilities are regulated by the State Corporation Commission. If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.1- 496.1 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. Janice D. Sprinkle Deputy Zoning Administrator cc: Larry Davis Susan Thomas Paul Muhlberger