HomeMy WebLinkAboutLOD200700019 Letter of Determination 2007-10-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 9, 2007
Sophie Johnston
CLA, Project Manager
Nelson Byrd Woltz Landscape Architects
408 Park Street
Charlottesville, VA 22902
Re: Zoning Determination about Proposed Outdoor Fireplace and Seat Wall in
the Flood Hazard Overlay District (Tax Map 123, Parcel 26)
Dear Ms. Johnston:
This letter serves to provide a written record of my decision that this proposed use is
permitted in the floodway fringe by -right. You (or your client) can apply for a building
permit for this construction. It must be designed to comply with the flood hazard overlay
district, specifically (it) "shall be firmly anchored to prevent flotation, collapse or lateral
movement due to flooding. "
The subject property is presently improved with a dwelling within an old mill structure.
The present proposal is to create an outdoor space consisting of a seat wall with an
outdoor fireplace within a stone courtyard area. The proposed seat wall and fireplace
will be located within the floodplain; more specifically, within the floodway fringe. It is
my understanding that this does not involve filling nor does it result in a change to the
elevation of the floodplain.
Staff has reviewed this proposal and discussed it with the County Attorney's office. We
find that this use (recreational structure) is comparable to previous approvals for a
storage shed / garage in the floodway fringe for yard maintenance equipment for a
property approved as agricultural use.
This decision that this use is permitted further is based on:
1. The proposed use is recreational. These proposed improvements create picnic
grounds, a listed recreational use found within Section 30.3.05.1.1 (2).
2. The proposed use does not constitute "human habitation," which is expressly
prohibited.
Zoning Determination about Proposed Outdoor Fireplace and Seat Wall in the Flood
Hazard Overlay District (Tax Map 123, Parcel 26)
October 9, 2007
Page 2
The relevant ordinance language follows:
30.3.05.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE
2. Accessory structures to uses permitted by right in the floodway, excluding structures
for human habitation; provided that any such structure permitted shall be firmly
anchored to prevent flotation, collapse or lateral movement due to flooding.
30.3.05.1.1 BY RIGHT WITHIN THE FLOODWAY
2. Recreational uses (excluding structures of any kind and uses involving human
habitation) such as parks; swimming areas, golf courses and driving ranges; picnic
grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting
preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic
fields; and horse show grounds.
This decision is based on the understandings / grounds listed within this letter. Please
inform me if any of this information is incorrect. If you have any further information,
please do not hesitate to contact me.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: reading file (by tm&p# and "floodplain")
Sherri Proctor, Senior Permit Planner
Jay Schlothauer, Building Official