Loading...
HomeMy WebLinkAboutAP201300002 Letter of Determination 2013-03-04 iue �0 Ai °ter sr 111s. �'rRGINI�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone(434)296-5832 Fax (434)972-4126 March 4, 2013 Robin Y. McDowel 7325 Back Woods Lane Greenwood, VA 22943-1625 Re: ZVIO 2013-044— Determination Resulting from Complaint about Aerial Fireworks Display Permit Issued July 6, 2012 to 259 Yellow Mountain Road, Greenwood, Virginia Dear Mr. McDowel, In response to your complaint, I have determined that the activity referenced above was not a violation of the Albemarle County Zoning Ordinance. As the subject of a duly- issued permit under County Code § 6-303, the subject activity was a customarily incidental use of the subject property. The property at 259 Yellow Mountain Road is zoned Rural Areas (RA). Section 10.2.1(7) of the Albemarle County Zoning Ordinance permits "accessory uses" by-right in this zoning district. Section 3.1, in turn, defines "accessory use" as follows: Accessory Use, Building or Structure:A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the primary farm use, building, or structure. Again, the subject activity was such a customarily incidental use of the subject property. 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. Page 2 ''"'` March 4, 2013 Letter to Robin Y. McDowel 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.orq/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.orq/countycodebza. 1 (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.) Sincerely, G I Amelia G. McCulley, A.I.C.P. Zoning Administrator Nome "ward Doris Louise Dehne, Trustee Doris Louise Dehne Revocable Trust 7325 Back Woods Lane Greenwood,Virginia 22943 March 27, 2013 Board of Zoning Appeals County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,Virginia 22902 RE: ZVIO 2013-044—Appeal of Zoning Administrator's Determination Letter To Whom It May Concern: This letter is to authorize Robin Y. McDowel of 7325 Back Woods Lane, Greenwood, Virginia 22943 to act on my behalf regarding the above referenced Appeal of Zoning Administrator's Determination Letter dated March 04, 2013. This authorization is to include the preparation of the Application for Appeal of Zoning Administrator's Determination, and any and all documents that may be required. Said authorization is to include speaking on my behalf at any time regarding this subject matter, and speaking on my behalf and presenting any documents that may be required at the Board of Zoning Appeals. Should anyone have any questions or concerns regarding this authorization to Robin McDowel, please telephone me at 540-456-6079. Respectfully, Doris Louise Dehne,Trustee Doris Louise Dehne Revocable Trust Carla Harris - CDD From: Amelia McCulley Sent: Monday, April 08, 2013 11:41 AM To: Robin Y. McDowel Cc: Louise Dehne; Carla Harris -CDD Subject: RE: Zoning Appeal for 259 Yellow Mountain Road Follow Up Flag: Follow up Due By: Wednesday, April 10, 2013 1:00 PM Flag Status: Flagged Thank you. I haven't yet received confirmation from the owners of the subject property, that they can attend or waive their right to attend. I'll need that before this date becomes final. Once the date is finalized and we have calculated the cost of providing notice (legal ad in the newspaper and letter to neighbors), Carla Harris will contact you with that cost. This will need to be paid for the appeal to be heard by the BZA. From: Robin Y. McDowel [mailto:robinmcdowel©agmail.com] Sent: Thursday, April 04, 2013 3:27 PM To: Amelia McCulley Cc: Louise Dehne Subject: RE: Zoning Appeal for 259 Yellow Mountain Road Ms. McCulley, I have confirmed with Ms. Dehne that May 07, 2013 at 2:00 pm in Lane Auditorium will be convenient. We will look forward to receiving your report one week before the meeting. Ms. Dehne and I both will attend. From: Amelia McCulley [mailto:AM000LLE©albemarle.orq] Sent: Thursday, April 04, 2013 2:51 PM To: Robin Y. McDowel Cc: Ron Higgins Subject: RE: Zoning Appeal for 259 Yellow Mountain Road Mr. McDowel, We have received your appeal application. Please make further communication with me, rather than Ron Higgins, because I am handling the appeal. It is tentatively set for a May 7th date with the Board of Zoning Appeals (BZA). I need to confirm that the property owners can be present for that date. The BZA meeting begins at 2 pm in the Lane Auditorium. It is mandatory that you or your representative attend. You will receive a copy of our report a week in advance of this meeting. 1 Now From: Robin Y. McDowel [mailto:robinmcdoweR gmail.com] Sent: Wednesday, April 03, 2013 11:45 AM To: Ron Higgins Subject: Zoning Appeal for 259 Yellow Mountain Road Mr. Higgins, I filed our zoning appeal application this morning, Wednesday, April 03, 2013 at approximately 8:25,with the young lady sitting at the receptionist desk at the Department of Community Development. Would you kindly advise me, as to how this matter evolves from here? Will there be any additional requirements on our part, or do we just sit tight and wait to hear from your department? I assume there will be a hearing with the members of the Zoning Board of Appeals, and our attendance will be mandatory? When should we expect to hear that a Zoning Board of Appeals meeting might be scheduled? Are there specific days the Zoning Board of Appeals meets, and if so, what days are they? Where does the Zoning Board of Appeals actually meet? Thank you, Robin Y. McDowel 7325 Back Woods Lane Greenwood,Virginia 22943 540-456-6079 Copy to: Ann Mallek, Chairperson Board of Supervisors No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3267/Virus Database: 3162/6224 - Release Date: 04/04/13 2