HomeMy WebLinkAboutVA199900031 Action Letter 1999-11-19 /� I.
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COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville,Virginia 22902-4596
FAX(804)972-4126 TELEPHONE(804)296-5832 TTD(804)972-4012
November 19, 1999
Robert M. Callaghan
P. O. Box 1333
Charlottesville, Virginia 22903
RE: Shockley Property,Tax Map 57, Parcel 85D
Dear Mr. Callaghan:
It is my understanding that during a proposed sale of the above noted property, a survey was made
that revealed a shed encroaching in the front setback, shown as 50 feet. This survey then led to a
request for a variance from the County's Zoning Ordinance to allow the shed to become
conforming which would in turn allow the sale to be completed with a clear title. After researching
this issue, including our Zoning Ordinances from 1969 to the present, I find that the variance is not
needed. The following will explain.
The Skyline Crest Subdivision was approved under the Albemarle County Subdivision and Zoning
Ordinances in 1975. The final plat was originally signed May 14, 1975, and a revision that created
the Shockley's lot was signed on March 15, 1976. The setback for the Al zoning district during that
period was only 30 feet from a public road. The initial plat was signed showing a 50 foot setback
from both Rts 787 and 708. I now believe that the additional setback represents a private
subdivision covenant rather than any County requirement. The Al setback was changed from 30
feet to 75 feet in October 1976.
The Shockley lot is currently zoned RA,Rural Areas, and is nonconforming to both the lot width
and the front setback. (RA retained the 75-foot setback from public roads.) Under the current
ordinance, adopted in 1980, Section 6.5,Nonconforming Lots, states:
In the case of any subdivision approzrrl and defined as such pursuant to Chapter 14 of the Cale of
Albemarle after Dec tn1 r 22, 1969, and prior to the adoption of this ordinance and which zees of
rearrd at the time of the adoption hereof, the roar, side and front yard and setback regulations of the
Zoning Ordinance in effect at the time of such approrttl shall apply to all lots within such subdivision.
In all other cases, the rear, side and front yard and setback regulations of this ordinance shall apply.
(Added 4-15-81;Amended 9-21-88; 9-9-92)
C.:IMy DocumentsUAN SUANLTR\57-85Dva.doc
Shockley Variance Page 2 11/19/99
As you can see, the Shockley lot is entitled to use the front yard and setback regulations of the
March 1976 zoning ordinance—30 feet. Since the shed is 46 feet from the road, it conforms to our
zoning regulations and no variance is needed. The county does not enforce private subdivision
covenants or restrictions. Those are held to be private and must be privately resolved.
This letter will close the variance file and the fee will be refunded to the Shockley's.
I hope that this information will satisfy the needs of all parties in the sale of this lot. If there is
anything else I can clarify or help with,please feel free to call me.
Sincerely,
sc42,14_
Jan Sprinkle
Chief of Zoning Administration
Cc: Joseph M. Cockran (by Facsimile, 817-5212)
Tim and Penny Shockley(c/o Rose Wiarda)
Reading file, TMP57-85D