HomeMy WebLinkAboutAP201700002 Application 2017-08-25FOR OFFICE USE ONLY AP # SIGNN #
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Application for
Appeal of Zoning Administrators Determination ,
0 Appeal of Zoning Administrator's Determination = $258
FEES to be paid after staff review for public notice:
Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals.
Virginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners.
The total fee for public notice will be provided to the applicant after the final cost is determined and
must be paid before the application is heard by a public body. Staff estimates the total cost of legal
advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects
the average cost of public notice fees, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public
Actual cost
hearing)
(averages between $150 and $250)
Contact Person (Who should we call/write concerning this project?): Maynard Sipe
Address 126 Garrett St Suite A / PO Box 237 City Charlottesville State VA Zip 22902
Daytime Phone 4( 34) 249-9134 Fax # �) E-mail maynard@boydandsipe.com
Owner of Record David and Carolyn Holmes
Address 18-20 Deer Path
City Charlottesville
State VA Zip 22903
Daytime Phone (___) Fax # (___j E-mail
Applicant (Who is the Contact person representing?): Dade Van Der Werf and Jennifer Greeson
Address 16 Deer Path City Charlottesville State VA Zip 22903
Daytime Phone (434) 202-8113 Fax # ( ) E-mail jennifer.rae.greeson@gmail.com
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 11/1/2015 Page 1 of 2
Project Name: B201701099ATWR
Tax map and parcel: 076CO-02-00-00200
Physical Street Address (if assigned):
18 Deer Path
Location of property (landmarks, intersections, or other):
Bellair Subdivision - Deer Path
Zoning: R-1
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
Explanation of error in determination and justification of applicant's position:
Applicant appeals the decision of the agent to approve the Tier I personal wireless service facility (PWSF) application (B201701099ATWR)
because (i) the application did not meet the definition of a Tier I personal wireless service facility or the Tier I requirements; (ii) the Tier I
application was based upon a new reference tree rather than the reference tree designated in the original approval for the PWSF; and (iii)
the Tier I application was approved in reliance upon an advisory opinion by the Zoning Administrator that is incorrect and even if correctly
applied to new sites, may not be retroactively applied to the particular PWSF site. Applicant also appeals the decision of the agent to
approve under zoning ordinance section 5.1.40(h), an increase in the height of the pole proposed in the application. Agents action to
approve an increase in the height of the pole is in error due to lack of evidence supporting necessary findings by Agent, and agent's error in
making such findings. Applicant will provide a supporting brief in advance of board of zoning appeals hearing.
See the link below to the application documents:
http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD-Building%5d:%5bApplicationNumber%5d=%22B20
1701099ATW R%22%7d
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correctto the best of my knowledge and belief.
Signature of Owner or Conct Purchaser, Agent
Dade Van Der Werf
Date: August 25, 2017
981-9048
Print Name Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Revised 11/1/2015 Page 2 of 2