HomeMy WebLinkAboutSDP201400047 Correspondence 2014-07-16 VP iii
MirAiiiilOFA
41111101,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
July 16,2014
Mr.Chris Perez,
RE: OFFICIAL DETERMINATION OF SETBACKS FOR FUEL TANKS OF 600 GAL+
Dear Chris:
In response to your request for an official determination regarding the applicability of the 100 foot setback from
property lines for underground fuel tanks outlined in Section 5.1.20 of the Albemarle County Zoning Ordinance, I
offer the following:
After consultation with the County Attorney's office and discussions with other zoning staff it is determined that the
100 foot setback does apply to all fuel tanks in excess of 600 gallons. This provision was added in zoning text
amendments approved by the Board of Supervisors in April of 2013 and applies to all such fuel storage proposed
since that time. I also note that the ordinance provision is silent on whether the tank is above or below ground,
therefore it applies to all 600 gallon plus tanks.
Since this requirement is part of the Supplementary Regulations in Section 5 of the Zoning Ordinance,it can be
waived or modified by the Board of Supervisors. Any plan which proposes fuel tanks closer to the property line than
100 feet can request such an exception.
Therefore, it is my determination that our new zoning ordinance provision of April 2013 now requires a 100 foot
setback from property lines for any fuel tanks in excess of 600 gallons.
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.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:http://www.albemarle.orq/countvcodebza.
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.orq/cdapos.
Please contact me if you have questions or require further information.
Adalli
Sin i ...am -,
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Chief of Zoning/Deputy Zoning Administrator
Copies:Greg Kamptner,Andy Herrick,Amelia McCulley •