HomeMy WebLinkAboutLOD201500022 Letter of Determination 2017-08-28COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 18, 2015
Mr. Mike Collier
P.O. Box 62
Earlysville VA. 22936
Re: (Tax Map 9, Parcel 28C) Request for Building Permits at 1213 and 1221
Simmons Gap Road — Official Determination
Dear Mr. Collier;
This letter is to inform you of the status of the two building permits you applied for on
November 10, 2014 to replace two mobile homes on your property.
Building permit number B2014-2280 MHC proposes replacement of the
mobile home at 1213 Simmons Gap Road. This permit has not been issued yet
because the County has still not received approval of this permit from the Health
Department. No work can commence on this permit until we have received all
required approvals and the permit has been issued. This permit could be
approved under Section 6.3 D.
2. Building permit number B2014-2281 MHC proposes replacement of the
mobile home at 1221 Simmons Gap Road. It has been determined through
County records that this mobile home was removed from the property more than
2 years prior to the building permit application. Therefore, the mobile home at
1221 Simmons Gap Road has lost its nonconforming status and cannot be
replaced. Building permit B2014-2281 MHC is denied.
The subject property, tax map 9 parcel 28C, consists of 2.39 acres. This property is
zoned Rural Areas, RA. Section 10.4 Rural Areas Area and Bulk Regulations, establish
a minimum density of 0.5 dwelling units per acre. Legally nonconforming structures
(dwellings) may exceed that density, subject to Zoning Ordinance Section 6.0
Nonconformities.
Page 2
Collier Building Permits Determination
May 18, 2015
Nonconforming Structures Section 6.3 G states
G. Discontinuance of use of nonconforming structure. Use of a nonconforming
structure shall be discontinued, and the structure shall thereafter comply with the
regulations set forth in this chapter applicable to the district in which the structure
is located, if the occupation or use is discontinued for more than two (2)
years, regardless of whether the prior occupancy or use of the structure was
continuous or seasonal... (bold emphasis added)
Because the mobile home that is subject to B2014-2281 has been removed for more
than two (2) years, the nonconforming use has discontinued and any structure shall
comply with the regulations. The RA regulations do not allow a third (31d) dwelling unit
on a parcel of this size due to noncompliance with the density requirements.
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.
Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the
filing of an appeal to the Board of Zoning Appeals, is located in Chapter 18 of the
Albemarle County Code and it may also be reviewed online at:
http://www.albemarle.org/upload/images/Forms Center/Departments/County Attorney/
Forms/Albemarle County Code Ch18 Zoning34 Appeals.pdf.
Please contact Stewart Wright if you have any questions.
Sincerely,
Amelia McCulley
Zoning Administrator