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Home My WebLink AboutLOD202000004 Application 2020-04-21FOR OFFICE USE ONLY LOD # p10,96 — C)L)Lq Fee Amount $ Date Paid�By who? Receipt # Ck#� -�- By. Application for Official Letter of Determination ❑ Official Letter of Determination of Parcel of Record and/or Development Rights = $108 A separate fee is required for each parcel shown on the tax map. (1 parcel is $108, 2 parcels are $216, etc.) 0 All other Official Letters of Determinations (including but not limited to Use, Zoning, Nonconformity, Parking, Floodplain, Vested Rights, Area & Bulk Regulations, De minimis) = $108 ❑Certification that notice of this application has been provided to the property owner if the owner is different from applicant. Project Name: De Minimis 111 Falcon Dr Tax map and parcel(s): 06000-00-0E-01000 Zoning: RA Contact Person (Who should we call/write concerning this project?): Jessica Malasek Address 111 Falcon Dr City Charlottesville State VA Zip 22901 Daytime Phone (703 801-9244 Fax # 434 208-1388 E-mail jmalasekl5@gmail.com Owner of Record Jessica and Jan Malasek Address 111 Falcon Dr City Charlottesville State VA Zip 22901 Daytime Phone (703 ) 801-9244 Fax # 434 ) 208-1388 E-mail jmalasekl5@gmail.com Applicant (Who is the Contact person representing?): Same as contact Address City Daytime Phone Fax # (__j E-mail State Zip County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 9/7/2018 Page 1 of 2 Submittal Requirements Parcel of Record and/or Development Rights ❑ Tax Map Page ❑ Provide evidence showing when the parcel/parcels was/were created. This will include the following; ❑ The last instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. ❑ Include deeds that provide a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). ❑ All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). ❑ Cover letter stating the assumed number of parcels and development rights, with explanation of same. ❑ Any other pertinent information. ❑ A fee is required for each separate parcel shown on the tax map. All other Determinations ❑ Cover letter stating what is being requested. Provide all necessary information for the consideration of this decision including ❑ Tax Map Page if request is regarding a specific property. ❑ If the request is regarding a nonconforming use, structure, or lot then you must provide enough probative material evidence to prove the nonconformity ❑ Provide justification for the request and any other pertinent information. ❑ Fee as noted above. Please refer to the Albemarle County Land Use Law Handbook for more information regarding zoning determinations and nonconformities http://www.albemarle.orLY/LandUseLaw Determination may take up to ninety (90) days from submittal of Owner Jan Malasek, Jessica Malasek Print Name April 14, 2020 Date (703)801-9244 Daytime phone number of Signatory Page 2 of 2 Jessica & Jan Malasek 111 Falcon Drive Charlottesville, VA 22901 703-801-9244 Jmalasekl5@gmail.com April 21, 2020 County of Albemarle Department of Community Development 401 McIntire Rd Charlottesville, VA 22902 To Whom It May Concern: This letter is to request a determination of "De minimis" between two competing property lines between 111 Falcon Dr, Charlottesville VA 22901 (our property) and 113 Falcon Dr, Charlottesville, VA 22901 (owned by the Parvins). We purchased our property in July 2016 from VDOT (one of the "Bypass" properties). Subsequently, we elected to tear down the existing structure and build a new home. During the process, we had the property surveyed and certified multiple times by two highly reputable survey companies — first by Roudabush, Gale and Associates, and later by Kirk Hughes and Associates. Both surveys mirrored the lines in our Deed of Purchase recorded with Albemarle County (Book 4787, pages 48-51, file # 2016-00007599). We used the survey to site and build our home right at the set back line (25') from the property line that separates our property from 113 Falcon Dr. We moved into our home in February 2018. To our surprise, the owners of 113 Falcon Dr. hired a surveyor (Steve Garrett) who marked a property line that did not match ours, or the line that VDOT provided when we (as well as the neighbors) purchased our properties in 2016. That property line was closer to our home, and if it would be deemed as "the" line, would make our home out of compliance with the required setback. While we continue to believe that the property line mapped by Kirk Hughes and Associates is the correct line, we are concerned that this discrepancy could cause issues in the future. After speaking with Francis MacCall from Albemarle County, we were advised to request a "De minimis" determination of the difference between the two separate property lines. According to the information provided by Kirk Hughes and Associates, the difference at the point of concern (garage corner where the garage is sited at 25' from the original property line) is 0.84 feet. The original survey by Kirk Hughes and Associates, and the survey showing the difference between the two separate property lines are included in the application. Should you have any concerns or questions, please do not hesitate to contact me at (703) 801-9244. Sincerely, Jessica Malasek L S _ i , M ,g0,y£.tiZ z � o � 1-- z O a. 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