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Home My WebLink AboutLOD202000004 Letter of Determination 2020-05-11COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 Phone (434) 296-5832 Fax (434) 972-4126 May 11, 2020 Jan and Jessica Malasek 111 Falcon Dr Charlottesville, VA 22901 Re: LOD2020-00004 Official Determination — De Minimis Setback Encroachment (Parcel ID 06000-00-0E-01000, 111 Falcon Drive) Dear Mrs. Malasek: You have provided us with a survey plat (attached) prepared by Kirk Hughes & Associates, dated April 22, 2019, showing 111 Falcon Dr. The plat indicates that there are two possible side property lines. The plat shows that the dwelling labeled as #111 Falcon Drive is 25 feet from the first possible side property line labeled "Boundary Line State Highway Plat Book XI I, Page 50-51 (see note #6)," but shows that the dwelling is only 24.16 feet from the second possible property line labeled "Possible Overlap (0.024 acres) (stakes observed along line)." At 25 feet from the first possible property line, the dwelling is in full zoning compliance. However, the second possible property line is 24.16 feet from the dwelling, an encroachment into the required side setback. This determination is not a determination that concludes which boundary line is correct, however, if the second property line labeled "Possible Overlap (0.024 acres) (stakes observed along line)" was the correct property line, the distance of the dwelling to the property line would be considered an encroachment of 0.84 feet into the 25 foot required side setback. While this encroachment is a violation of the zoning ordinance, it is negligible. The error appears to be inadvertent as it is not clear which side property line is correct and is not intentional. We understand that the construction of this structure received the proper approvals from the County. The County does not pursue enforcement actions for discrepancies of these amounts because they are considered de minimis. If you wish or if your financial institution requires it, you may request a variance from the Board of Zoning Appeals. If you wish to pursue this or have further questions, please do not hesitate to contact me. 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 Albemarle County Code § 18-34.3, along with a fee of $258. Additionally, a separate fee is required for the cost of providing notice and advertising of the appeal for a 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 Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/cdapps.) Please contact me if you have any questions or require additional information. Sincerely, Kevin McCollum Planner Designee to the Zoning Administrator Attached: Context Map showing the general location of the property at 111 Falcon Dr and the neighboring property at 113 Falcon Dr. 2. Plat prepared by Kirk Hughes & Associates, dated April 22, 2019, showing 111 Falcon Dr. Context Map Legend (Note: Some items on map may not appear in legend) Parcel Info ❑ Parcels 60 -68 E 0 60-68 6OC--OE-8 0* 60C--OE-9 107 109 LLJ o 6;a1Cor� Dr / 60-68B 0 60C--OE-10+ 6OC--OF-5 60C--OF-4 108 106 r , - - *This Context Map is for visual _ 60c--0E-6 purposes only. The property lines shown are the GIS lines we have _ r 60C--of-11+ in our system that are based on M / Real Estate data. These lines 0 114ef ( 113 may not be 100% accurate. 60 C--O F-7 60-66 116 6OC--OF-16+ 115 - 60C--OF-16A 60 188 ft 6OC--OF-'15 GIS-Web Geographic Data Services �G�C--•F'14 www.albemade.org/gis �mcrN•P (434)296_5832 60C--Q -15A+ Any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. May 7, 2020 Map elements may scale larger than GIS data measured in the map or as provided on the data download page due to the projection used. Map Projection: WGS84 Web Mercator (Auxiliary Sphere) (EPSG 3857) NORTH n� STATE HIGHWAY PLAT BOOK XII PAGE 50-51 4 x � go'rc�r.pi� epi c r 2 cx iv 0 c� nj Aa W m � N 4 � M i m 2 IRF IN CMF 1 240't To RS C0LTNUi R DELTA IRF IN CMF IRF IMP 06000-00-00-06800 NjF FIELD SCHOOL OF CHARLOTTESVILLE LEGEND: D.E. 5149, PG. 187 SBL = SETBACK LINE CMF = CONCRETE MONUMENT FOUND D.B. 5137, PG. 500, 504 (PLAT) D.B. = DEED BOOK IRF = IRON ROD FOUND S 60'02'24" E 548.91' K- = PAGE IPF = IRON PIPE FOUND IRF IN CMF f — —35' SBL— NOTES: --------- ------------------_-_ — 3 _1 0 1.) SURVEY PREPARED FOR: JAN AND JESSICA MALASEK 1 2.) THIS SURVEY REPRESENTS AN ACCURATE SURVEY MADE ON THE GROUND BY ME ON TMr1P 06000-00-OE-010DO IRF IN N I APRIL 22, 2019 OF THE LAND DESCRIBED HEREON. JAN AND JESSICA MALASEK CMF N 3.) THIS PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH 788 (LEANING) i THE "MINIMUM STANDARDS AND PROCEDURES FOR LAND BOUNDARY SURVEYING PRACTICE' STATE HIGHWAY PIABOOK XIII,, PAGE 50-51 ADOPTED BY THE STATE OF VIRGINIA 2.687 ACRES (SEE NOTE 15) i 4.) THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND MAY 11I FALCON DRW I NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. �I 5.) THE PROPERTY SHOWN HEREON IS THE SAME PROPERTY CONVEYED TO JAN AND J JESSICA MALASEK BY DEED RECORDED IN DEED BOOK 4787, PAGE 48 AND AS SHOWN IN i �j STATE HIGHWAY PLAT BOOK XIII, PAGE 71 AND 72 ON SHEETS 9 AND 108, STATE HIGHWAY I PROJECT 6029-002-F22, RW-202 CONTAINING 3.412, THIS ACREAGE DIFFERS FROM THE TMP 06000-00-00-06880 I 1 CURRENT SURVEY SHOWN HEREON. N/F TWIN GROUP D.E. 687, PC. 603 6.) THE BOUNDARY CORNER MONUMENTATION SHOWN HEREON CLOSELY CONFORMS TO THAT i D.B. 687, PG. 606 (PLAT) SHOWN ON AN UNRECORDED SURVEY PREPARED BY ROUDABUSH, GALE & ASSOCIATES, INC. I TITLED "PHYSICAL SURVEY LOT 10, BLOCK 'E' COLTHURST FARM SUBDIVISION', DATED 25 O.B. 725. PG. 441 (PLAT) I 8/15/2016, 7.) EXCEPT AS SHOWN HEREON, THERE ARE NO VISIBLE EASEMENTS, DISCREPANCIES, / 1! CONFLICTS, FENCES, STREAMS, RIVERS, ROADS, OR RIGHTS OF WAY OF WHICH THE UNDERSIGNED HAS BEEN ADVISED. t 8.) PROPERTY UES WITHIN FLOOD ZONE "X"; NOT A F.E.MA. DEFINED 100-YEAR ( FLOODPLAIN. ctL h00. N 9.) TAX MAP AND PARCEL ID: 06000-00-OE-0100. T L6p� B�UN�SU�SHOWI \ ��pP �10.) MAY BE SUBJECT TO ADDITIONAL RESTRICTIONS OF RECORD. 0p iaES T0� / N 0 'LSD Ng e` #111 FALCON DR. CONTAINING 2.687 ACRES AS ACQUIRED IN DEED BOOK 4787, PAGE 48 AND AS SHOWN 901 ON PLAT RECORDED IN STATE HIGHWAY PLAT BOOK XIII, PAGE 50-51 JACK JOUETT MAGISTERIAL DISTRICT NCO �F pall y0�, LH OF �'ALBEMARLE COUNTY, VIRGINIA So 9 �� \ g�p��Nl� f tp5 ,/ P NO��' �'' �APRIL 22, 2019 13,pb N_,VP lSpp SCALE: 1" = 40' a SiP� G. V. )IRK" HUGHES7' LtC. N0. 1458 PREPARED BY: IPF--yZ.rq i KIRK HUGHES & ASSOCIATES S 15'42'30" W 156.18' LAND SURVEYORS AND PLANNERS TO IRF tg4-b SiJ�` 04' 220 EAST HIGH STREET CHARLOTTEWLLE, VA 22902 (434) 296-6942 IUS ARC TANGENT I CH. BEARING CHORD 7 FILE: 2017-019, W0: 2017-019 58` 136.14' 74.04' N 2224'32" W 130.8t` C:\UDD\SURVEYS\2017\2017-019\2017019-02.DWG TMP 60-68 \ N/F AGUILERA, LLC D.B. 4578, PG. 519 D.B. 4111, 186, 187-B (PLAT) s IRF' IN 69.06' MON IRF IN MON i 1-1 2403 i0 LTHURST 0R CURVE DAT) NO. I DELTA IRF TMP 60-68E N/F AGUILERA, LLC D.B. 4663, PG. 209 S 331.37' IRF TMP 60-68 N/F AGUILERA, LLC D.B. 4578, PG. 519 D.B. 4111, 186, 187-8 (PLAT) JRF IN 4.38' ;�, rn -------35' SBL------- F---------- - - - 3 I � M I O I J IRF IN n I i MON (LEANING) a 0 1 RESIDENCE i N y I TMP 06000-00-0E-01000 1111 FALCON DRIVE w I JAN AND JESSICA MALASEK i N �l D.B. 4787, PG. 48 TMP 60-66B I STATE HIGHWAY PLAT BOOK XIII, PAGE 50-51 N/F WALTER COPLEY MCLEAN I I 2.687 ACRES FAMILY TRUST 2 I D.B. 4834, PG. 680 I I QOSs� i i Cp so D,p RADIUS c oy��l aIR IPF TANGENT CH.1BERING 0W71.58' N 7A43 \0y\\�, QPGF eo�No eoo� y Q� � 1\GAP �P CHORD 127.39