HomeMy WebLinkAboutLOD201600005 Letter of Determination 2016-04-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax (434) 972-4126
April 7, 2016
Mr. Jeffrey S. Sprouse
c/o Jeffries II LLC
P. O. Box 910
Crozet, VA 22932
RE: LOD201600005-(SP-2009-034 Re -Store 'N Station Water Use
Condition #5)
Dear Mr. Sprouse:
The Board of Supervisors approved SP-2009-034, with conditions, on November 3, 2010.
Condition #5 states: "The hours of business operation shall not exceed sixteen (16) hours per
day." You have asked for a determination of the meaning of Condition #5 relative to "after-hours
refueling" on the site.
Though you submitted the minutes of the Board of Supervisors' October 13, 2010 meeting, the
wording of the final adopted special use permit is clear and unambiguous. Condition #5 limiting
"business operation" to 16 hours per day does pertain to all aspects of the business, including
the dispensing of fuel. Under Condition #5 of the approved special use permit, any dispensing
of fuel must occur within the 16 hours allowed for the business operation per day. If the Board
had intended a more specific or different meaning to this condition, it could and would have
included more specific or different language in the special use permit itself.
Anyone aggrieved by this determination has a right to appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § 15.2-2311. If not timely appealed, 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 Chapter 18, Section 34.3 of the Zoning
Ordinance, along with a fee of $258 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 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, and may be reviewed online at
www.albemarle.oralcountycodebza.
Mr. Jeffrey S. Sprouse
April 7, 2016
Page 2
Please contact me if you have questions.
Sincerely,
ii
r
Amelia McCulley, AICP
Zoning Administrator
Cc, Jo Higgins
Project Development LLC
2564 Mt Torrey Road
Lyndhurst VA 22952