HomeMy WebLinkAboutLOD201800004 Letter of Determination 2018-05-24
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 24, 2018
Keswick Hunt Club Inc.
c/o Peter Taylor
PO BOX 227
Keswick VA 22947
RE: LOD2018-00004 – FOR PARCEL ID 08000-00-00-00700 - A DETERMINATION OF
NONCONFORMING USE AND THE EXPANSION OF THE STRUCTURE USED FOR A
NONCONFORMING USE.
Mr. Taylor,
On behalf of Keswick Hunt Club Inc, you have requested a determination to allow the
Keswick Hunt Club to add approximately 500 square feet to the existing club building to
allow for improved handicapped access to the structure and restroom facilities. Those
changes will necessitate the renovation of the kitchen which con stitutes the additional
500 square feet.
NONCONFORMING USE
Before a determination to expand the structure used for the club may be made, the use of
the club as a nonconforming use in the Rural Areas zoning district (RA) must be made.
Section 10.2.2(2) of Chapter 18 of the Albemarle County Code (the “Zoning Ordinance”)
requires a special use permit for a club in the RA, and the Keswick Hunt Club does not
have a special use permit. The club may be considered nonconforming to the use
regulations of the RA if it existed prior to the adoption of zoning regulations in 1969. As
stated in the request and verified by a newspaper article and book references, the
Keswick Hunt Club has existed and continued to operate as a club on this parcel since
1896. This probative evidence is considered enough for me to officially determine that
the club is a nonconforming use within the RA and may continue as a nonconforming
use subject to Section 6 of the Zoning Ordinance.
USE OF A STRUCTURE FOR A NONCONFORMING USE
Section 6.2 of the Zoning Ordinance lays out the regulations about nonconforming uses.
Specifically, Section 6.2 C deals with the enlargement, extension, reconstruction or
structural alteration of a structure that is used, in whole or in part, for a nonconforming
use and as noted above the club is determined to be a nonconforming use. The
ordinance then states “A structure that is used, in whole or in part, for a nonconforming
use shall not be enlarged, extended, reconstructed or structurally altered, except in the
following circumstances…” The circumstance that applies in this determination is Section
May 24, 2018
LOD201800004
Page 2 of 2
6.2 C3, that states the following: Repairs to correct unsafe condition in structure.
Notwithstanding any other provision of this chapter, the repairs are performed to
strengthen or restore to a safe condition the structure or any part thereof that has been
declared to be unsafe by a public safety official. The repairs may include improvements
to provide fire safety and handicapped access, as provided in section 4.9 (buildings and
structures: handicapped access) of this chapter, even though these improvements are
not mandatory.
After an inspection onsite with the Building Official, Michael Dellinger, and review with
him of the proposed improvements to the structure, I believe, and thus am determining,
that the proposal meets the requirements outlined in Section 6.2 C3 to allow the
structure that serves the nonconforming club use to be enlarged for the access
improvements and kitchen addition. The proposed improvements must obtain
approval of a building permit from Albemarle County. Any additional changes to the
structure beyond what has been proposed with this request will need to be evaluated
pursuant to Section 6 of the Zoning Ordinance.
If anyone is aggrieved by this determination, they shall have a right to appeal it within
thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If they 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.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 Albemarle County Code. They may be
reviewed online at www.albemarle.org/countycodebza.
Sincerely,
Francis H. MacCall
Principal Planner
Cc: Amelia G. McCulley, Zoning Administrator
John Blair, Deputy County Attorney
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DATE:
4/12/2018
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