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HomeMy WebLinkAboutVA200000032 Review Comments 2000-12-05 r • r I STAFF PERSON: John Shepherd PUBLIC HEARING: December 5, 2000 STAFF REPORT VA-00-032 OWNER/APPLICANT: Marie B. Herring (owner / applicant) TAX MAP/PARCEL: 05600 / 00-00-096A00 ZONING: R-1 , Residential ACREAGE: 2.210 LOCATION: 602 Radford Lane is on the east side of Cory Farm Drive, outside the subdivision but with access through Little Fox Lane TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.1.3, Area and Health Regulations Related to Utilities, which requires a minimum of 60,000 square feet per dwelling unit on parcels served by neither central water supply nor central sewer supply. The variance is needed to allow a division of the property that results in a residue of 47,349 square feet served by an existing private well and septic system. RELEVANT HISTORY: None PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The applicant proposes to divide TMP 56/96A by family division. This will create a new 45,215 square foot lot (Parcel A) and a residue of 47,349 square feet. Based on the mandatory connection policy defined in Section 4.1 (b) the Agent has determined that the new parcel will be required to connect to public water but not to public sewer. Therefore, the new parcel will not require a variance. The residue that is now improved by an existing dwelling served by a private well and drain field is not required to connect to public water or sewer. However, it will require a variance because it contains less than 60,000 square feet and will not be served by public utilities. This property is improved by a dwelling. Staff opinion is that the owner has reasonable use and therefore finds no undue hardship that approaches confiscation exists that would warrant the approval of this variance. However, staff has identified additional factors the Board may wish to consider. The intent of 4.1.3 is to ensure that parcels contain adequate area for sewage disposal both now and in the future. The existence of a well on a lot restricts the area available for the drainfield because of the required separation of the well and the drainfield. In this particular case the residue contains a well, a drainfield and a reserve area, all approved by an Authorized Onsite Soil Evaluator whose report has been approved by the Health Department. Thus, the intent of 4.1 .3 is now met on the residue. ,• Ol ab Variance Report, VA 00-032 2cember 5, 2000 - If, in the future, the primary and reserve drainfield did fail, the owner of the parcel will have the option at that time to connect to public water and or sewer as necessary to remedy the failure. If the residue was connected to public water, the area near the existing well could be used for a new or an expanded drainfield. Or, the residue could connect to the public sewer and abandon the existing drainfield. These connections will require easements from adjoining properties. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: The applicant has provided a description and justification of her request that is attached to this report. Particular points from that report that address variance review criteria and comments by staff follows: Hardship The applicant comments that the variance is necessary because: "I have a new septic system and drainfield (it is less than three years old) and a perfectly fine functioning well. Therefore, I have no desire to spend thousands of dollars to connect to the County water and sewer system to replace my systems, which are not defective or failing and which serve my needs very well." It is staff opinion that because reasonable use already exists no qualifying hardship exists. Staff is sympathetic to the applicant's objection to the requirement to connect to public water or sewer when the applicant already has an adequate well and septic system. However, staff opinion is this would be a convenience to the applicant. Also, the applicant notes that Planning Department staff originally informed her that this division could be accomplished without the requirement to connect to public utilities. The applicant was not made aware that a variance would be necessary for this plat. Based on that information, the applicant proceeded with the plan to divide the property and engaged the services of a surveyor, an attorney and an Authorized Onsite Soil Evaluator. Later, Planning staff corrected that information. As a result, some of the work of these professionals must be revised. This confusion added to the expense and time required for this division. Staff opinion is that this does not constitute a hardship in and of itself. However, it is acknowledged that this sequence of events added to the expense of this transaction and added to the time it will take to accomplish it. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant did not address this. I:\DEPT\Building&Zoning\Staff ReportslVA2000-32Hernng doc • Variance Report, VA 00-032 3 IS cember 5, 2000 Staff finds that there are several factors that taken together make this request unique. This is a family division. The existing drainfield, reserve field and well on the residue meet the intent of 4.1.3. The residue is not required by the Agent to connect to public facilities. If the facilities fail in the future, the problem can be remedied by connecting to public utilities at that time. The request has been complicated by misdirection from Planning staff. 2. The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Impact on Character of the Area The applicant offered: This land is located adjacent to Cory Farm subdivision. The lots in this subdivision range from to IA acre. The lots I am proposing to create with this family division are consistent with the lot sizes in Cory Farm. In fact, my lots are larger than Cory Farm lots The two lots that I am proposing are both over one acre in size. Staff agrees that this division creates lots that are in keeping with the character of the area. 3. The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since only two of the three criteria for approval have been met, staff is unable to recommend approval. However, if the Board approves this request, staff recommends the following conditions: 1. This variance is for the family division shown on the plat prepared by Trueline II dated October 10, 2000 and revised. 2. Note on the plat that Parcel A shall be served by public water. 3. Reference this variance on the plat. 4. An easement that will allow the residue to connect to either public water or public sewer or both must be recorded and shown on the plat. I:IDEPTIBuilding&Zoning\Staff Reports1VA2000-32Herring.doc W • Marie Herring Variance Request Tax Map 56-96A Description of Request I am requesting a variance from Ordinance section 4 1 3 that requires a parcel to be 60,000 square feet if it is neither served by public water or sewer to allow a family division. The residue would be 47,349 72 square feet, and the new lot will be connected to public water See plat dated 10/10/2000 showing proposed division Justification for Request I am requesting a family division in order to provide my Granddaughter, Michelle Poole, with a piece of land on which to build a house When I decided to pursue this division, my Granddaughter spoke with Yadira Amerante at the Planning Department to find out whether or not such a division was possible. She was informed that the land was zoned R-1, and that as long as the lot sizes were each at least 1 03 acres, that everything was fine and we should proceed with the division. Ms. Amerante was told that neither lot would be served by County water or sewer, but that each lot would have a well and septic system Ms Amerante said that was fine, that all we needed was the 1.03 acres for each lot At Ms. Amerante's suggestion, we proceeded with a percolation test and a survey, as well as having a new deed drawn up by a lawyer After spending several thousand dollars and having all of this work completed, we were informed that Ms Amerante had made a mistake and that if neither lot was served by County water or sewer, that we needed at least 60,000 square feet per lot She also informed my Granddaughter that her proposed lot was close enough to the County water system to be required to connect to it. Since it was not cost effective for her to connect to the County sewer system, the County waived the requirement that she also connect to that. Since the new lot will be connected to the County water system, that lot size needs to only be 45,000 square feet. It is larger than that, which is why no variance is needed for the proposed new lot I have a new septic system and drainfield (it is less than three years old) and a perfectly fine functioning well. Therefore, I have no desire to spend thousands of dollars to connect to the County water and sewer system to replace my systems, which are not defective or failing and which serve my needs very well This land has been in the Herring family for over 70 years and has been owned by myself and my husband (until he passed away in 1993) for 50 years. It would make me proud to be able to share this land with my Granddaughter to allow her to raise her family on this land. Furthermore, this land is located adjacent to Cory Farms subdivision The lots in this subdivision range from 1/4 to '/2 acre. The lots that I am proposing to create with this family division are consistent with the lot sizes in Cory Farm In fact, my lots are larger than Cory Farm lots The two lots that I am proposing are both over one acre in size The percolation test was completed and sent to the Albemarle County Health Department on November 1, 2000 for approval The soil report indicated that there was sufficient space in the proposed new lot for a primary drainfield and two reserve drainfields It also shows that there is sufficient space on the residue to accommodate my well, primary drainfield and a reserve drainfield OM : +PORTEPFIELD FARMS P _ NO. : 8048231997 Nov 2 2000 04:06PM P2/2 ♦ Y 7 7 COMMONWEALTH of VIRGINIA Thomas Jefferson Health District ©EMAPLE. - cNAao�- l Lesv. le In Cooperation wan the 'w rP�`.N.l CO��•"r ; L:��, State Department of Health 1138 Rose Hill Drive Gpttme couNTY isTANAAos`+iLLEI !OU�SA CQUNYY(LOIJ�$al Office of Environmental Health P. Q, $pX 7S4- NELSON COUNTY iLCv NG rcNi UIS Phone (804) 972-6259 FAX (804) 972-4310 Charlottesville, Virginia 22906 November 9,2000 Yadira Q Amarante,Planner Department of Planning and Community Development 401 McIntire Road,Room 218 Charlottesville,Virginia 22902-4596 RE Review of Proposed Subdivision Plat for Individual Onsite Sewage Systems(Tax Map »56. Parcel 96A) Albemarle County, Virginia Dear Ms. Amarante, On Nov 6,2000 the County of Albemarle requested the Virginia Department of Health (via the Albemarle County Health Department)review the proposed subdivision plat identified above. This letter is to inform you e sewage system in accordance it the above referenced subdivision plat is aaridPthe Sewaved ge Handling and an individual Dspo al Regulations(12 VAC with the provisions of the Code of Virginia, 5- 610-10 et seq.,the"Regularrons"),(and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) This request for subdivision review was submitted pursuant to the provisions of 4 32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator(AOSE)or a Professional Engineer mpk�ce g t consultationtu Board with Health's E for residential development. This subdivision was certified as being regulations by James Fulcher,AOSE#021,(804)277-9620 This subdivision approval is issued in reliance upon that certification. Pursuant to$ 360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision identified above vite ewnless age si that po lotal issspecif anally identified on the above referenced plat as having an approved unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. ved lots are suitable for This subdivision systems," approval," wever actual sy issued in stem d designs may be different at the ance upon the certification that times construction permits are "traditional system , issued. This subdivision approval does pertain to the requirements of local ordinances. Sincerely, fliLlifi Leif B. Ri y dervold EHSI,Albemarle County Health Department FROM : PORTERFIELD FARMS PHONE NO. : 8048231997 Nov. 20 2000 04:06PM P1/2 C FAX COVER PAGE ) *` 1 DATE : 1`��V . 20, 2000 d0 he Ole cd TO : NIp'E :S V *7S. 40t - FRC NO. : ! 2-- !t 2-`P FROM : NR E : 1 A i One.\\€ ?Qoc-e. FAX NO. : 2-3 — Ck { T Number or Pages : (including cover page) Subject / Notes : 1\ 5 1 S Q 9( -P -10fC kodh & . ca_cc c m. ePk 4 3 -2-31 1 }.\ R ICE 3 nn ivy FROM : PORTERFIELD FARMS Puntsi NO. : 8048231997 Nov. 20 2000 04:06PN P2/2 ? 7 COMMONWEALTH of VIRGINIA In Cooperation with the Thomas Jefferson Health District ALOEMAALE-.0-.AaLorrEs,ILLe FLVVANNO COUNY+(PALMYAA) State Department of Health 1138 Rose Hill Drive GAe£NE COUNTY tSTANAROSvtLLE1 LOuISA C4l1NYY lt�l1i5A1 Office of Environmental Health P. O. BOx 7546 NELSON COUNTY NTT l-OU SA Phone (804) 972-6259 ui FAX (804) 972-4310 Charlottesville, Virginia 22906 November 9,2000 Yadira Q. Amarante,Planner Department of Planning and Community Development 401 McIntire Road,Room 218 Charlottesville,Virginia 22902-4596 RE' Review of Proposed Subdivision Fiat for Individual Onsite Sewage Systems(Tax Map#56,Parcel 96A) Albemarle County,Virginia Dear Ms.Amarante, On Nov 6,2000 the County of Albemarle requested the Virginia Department of Health(via the Albemarle County Health Department)review the proposed subdivision plat identified above. This letter is to inform you that the above referenced subdivision plat is approved for an individual onsite sewage system in accordance with the provisions of the Code of Virginia,and the Sewage Handling and Disposal Regulations(12 VAC 5- 610-10 et seq.,the"Regulations"),(and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) This request for subdivision review was submitted pursuant to the provisions of§32.1-163 5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator(AOSE)or a Professional Engineer working in consultation with an AOSE for residential development. This subdivision was certified as being in compliance with the Board of Health's regulations by' James Fulcher,AOSE#021,(804)277-9620. This subdivision approval is issued in reliance upon that certification. Pursuant to§ 360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision identified above unless that lot is specifically identified on the above referenced plat as having an approved site for an onsite sewage disposal system,and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems,"however actual system designs may be different at the time construction permits are issued. This subdivision approval does pertain to the requirements of local ordinances. Sincerelyf(AcrU'ri.fril Leif.Riervold EHS!Albemarle County Health Department OTHER THAN A ' FOR A PER)OD 36,51' 0RDAT1ONI OF ON 14--212(A) L A 1S 14 �' CIS PERIOD, '7Q ' .. )-„i--� • I • A �r 1.s. ‘ ' `- . -� 4 -�►. 1 kg o CA fJL PAR A 1 .038 ACRES oz 45,Q-Isillvt L } I.S. P. r 18 5.35' WEL lays . • ._ 11 . • RESIDUE 1 .081 ACRE ____ j j — op, L____. i../ -,- - /-- ....„ ---, __ _ _._, j • ESQ FOUND j !AXL E ' i - _ • -- -*, 8 tr5 0 I i /1..... I ‘ ( f o 81 r. ; i. N 85•27 - 7" W 1.F. 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