HomeMy WebLinkAboutSUB200500333 Executive Summary 2006-03-14COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: SUB 05 -333 Aurisy, Robert
Subdivision - Waiver Request
SUBJECT /PROPO SAL /RE OUE ST :
Request for a waiver of Section 14- 404(C), which
requires that each lot have access from only one street,
established at the time of the subdivision.
STAFF CONTACT(S):
Keith Lancaster
AGENDA DATE: March 14, 2006
ITEM NUMBER:
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ACTION: INFORMATION:
ATTACHMENTS: Staff Report
REVIEWED BY:
DEP
BACKGROUND: The subject parcel, Tax Map 50 Parcel 44A, contains approximately
9.328 acres and is located on State Route 615 (Lindsay Road), 520' east of Gordonsville
Road in the Rivanna Magisterial District (Attachment A). The property is zoned RA (Rural
Areas). The applicant has submitted a request for final plat approval to create a two (2) acre
lot and a 7.255 acre lot from an existing 9.328 acre parcel (Attachment B). The parcel
proposed for subdivision currently has two existing entrances (horseshoe driveway) to
serve the existing dwelling on this property. The applicant wishes to establish a new
entrance to serve the new lot, while continuing to use the established entrance to serve the
existing dwelling (Attachment Q.
DISCUSSION:
Pursuant to Section 14 -404 of the Albemarle County Code, each lot shall have immediate
vehicular access onto a public street or a private road as follows:
14 -404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Each lot, other than a corner lot within the development areas, shall have
reasonable access to the building site from only one street, shared driveway or alley
established at the same time as the subdivision; provided that a lot may be located so that
its driveway enters only onto a public street abutting the subdivision if (i) the commission
grants a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from
the Virginia Department of Transportation for the access; (iii) the entrance complies with
the design standards set forth in sections 14- 410(F) and 14- 410(G); and (iv) the subdivider
demonstrates to the agent prior to approval of the final plat that the waiver does not violate
any covenants to be recorded for the subdivision. For purposes of this section, the term
"reasonable access" means a location for a driveway or, if a driveway location is not
provided, a location for a suitable foot path from the parking spaces required by the zoning
ordinance to the building site; the term "within the subdivision " means within the exterior
boundary lines of the lands being divided.
This section of the Subdivision Ordinance serves to limit the number of new entrances off
of existing public roads. In accordance with section 14- 404(C), the Commission may
approve a waiver or variation if it finds that:
Aurisy, Robert
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(i) the county engineer recommends an alternative standard,
The request to provide a separate driveway entrance onto State Route 615 for this lot has been
reviewed by Glenn Brooks. There are no engineering concerns that prohibit the construction
of the proposed driveway.
(ii) because of unusual size, topography, shape of the property, location of the
property or other unusual conditions, excluding the proprietary interests of the
subdivider, strict application of the applicable requirements would result in significant
degradation of the property or to the land adjacent thereto;
In order to provide access from the residue parcel, additional land disturbance of at least
400 feet will be required to extend the roadway. The existing dwelling on the residue has a
required setback of 25 feet from any internal street. Extending the existing access while
still meeting this setback will require the removal of some existing white pines. The
applicant has indicated that some of these trees may be greater than 12 inches in diameter
(see Attachment Q.
- requiring the standard would not forward the purposes of this chapter or otherwise
serve the public interest,
Allowing a separate entrance for Lot A is contrary to the intent of Section 14 -404 of the
Subdivision Ordinance, which is in part to reduce the numbers of entrances on State roads,
and thus reduce conflict points with the flow of traffic.
granting the waiver would not be detrimental to the public health, safety or welfare, to
the orderly development of the area, to sound engineering practices, and to the land
adjacent thereto;
The proposed residue of Parcel A has two existing entrances accessing onto Route 615.
The applicant has suggested to staff that one of the existing entrances, might be closed,
resulting in no net increase in access points on to the public road.
VDOT has field reviewed the proposed entrance and found it to be adequate (Attachment
D).
Factors favorable to this request include:
1. The applicant is willing to close one of the existing points of access on the residue
parcel.
2. Approval would reduce the impact to existing landscaping caused by the construction
of the driveway.
Factors unfavorable to this request include:
1. There are no physical barriers which effectively prohibit or prevent compliance with
the ordinance.
Recommendation: Staff finds that the request to waive Section 14- 404(B) is not
appropriate in this circumstance and therefore recommends denial of this wavier.
If the Commission grants approval of this wavier, staff would recommend the following
condition:
Aurisy, Robert
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1. One of the existing entrances on the "horseshoe driveway" serving the "Residue" Lot
must be closed prior to final plat approval.
Attachments:
A - Tax Map
B - Layout of proposed subdivision
C - Applicant's letter of request
D - VDOT Memo