HomeMy WebLinkAboutSUB200000141 Action Letter 2001-09-26 a
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COUNTY OF ALBEMARLE PLAI�NINCG AND
Department of Building Code and Zoning Services N1TY DEN FLOP MEN t
401 McIntire Road,Room 227 COMMA
Charlottesville,Virginia 22902-4596
FAX(804) 972-4126 TELEPHONE(804)296-5832 TTD (804)972-4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
Date Notice of Determination is given: September 24, 2001 No: V-2001-171
CERTIFIED MAIL# 7000 1530 0005 4546 5144
Alexander M. or Amy N. Toomy
P.O. Box 674
Ivy,VA 22945-0674
Property: 05800-00-00-003Q3 same as above
Tax Map/Parcel Number Owner of Record
You are hereby notified that,after an investigation of the above-described property,the Zoning
Administrator has determined that the following constitutes violations of the Albemarle County Zoning
Ordinance:
The grading of critical slopes (slopes greater than twenty-five percent) has taken place on
this site.
4.2 CRITICAL SLOPES- see full text(attachment A)
Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary to any
condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site
plan, and any use of any building or land which is conducted, operated or maintained contrary to any of
the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a
special use permit or approval of a site plan,shall be a violation of this ordinance and the same is
hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus,
abatement, criminal warrant or any other appropriate action to prevent,enjoin,abate or remove such
erection or use in violation of any provision of this ordinance."
You are hereby ordered to cease and desist from disturbing any additional critical slopes
immediately. Your failure to comply with this order may result in legal action being taken against you.
You are hereby ordered to restore the area to its original grade by October 17, 2001. Your
failure to comply with this order may result in legal action being taken against you.
Your timely compliance with this order does not excuse the violations cited herein and does not
preclude the County from pursuing further legal action for these violations. The County reserves the right
to pursue further legal action for any violation continuing from the date of the violations cited herein.
i
V-2001-171 Page 2 September24, 2001
If you are aggrieved by this determination,you have a right to appeal it within thirty(30)days of the date
notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If
you do not file a timely appeal,this determination shall be final and unappealable. An appeal shall be
taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal
which specifies the grounds for the appeal. An appeal application must be completed and filed along with
the fee of$95. The date notice of this determination was given is specified above.
If you have any questions, please contact me Bart J. Svoboda at 804-296-5832.
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Janice D. Sprinkle
Deputy Zoning Administrator
County of Albemarle,Virginia
Cc: Yadira Amarante, Planner, County of Albemarle
Kenny Thacker, Erosion Control Officer, County of Albemarle
Violation File V-2001-171
v 2001 171 Alex Toomy Menwether Lane
Attachment A
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
4.2 CRITICAL SLOPES
These provisions are created to implement the comprehensive plan by protecting and conserving
steep hillsides together with public drinking water supplies and flood plain areas and in
recognition of increased potential for soil erosion, sedimentation, water pollution and septic
disposal problems associated with the development of those areas described in the comprehensive
plan as critical slopes. It is hereby recognized that such development of critical slopes may result
in: rapid and/or large-scale movement of soil and rock; excessive stormwater run-off; siltation of
natural and man-made bodies of water;loss of aesthetic resource;and in the event of septic system
failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the
public health, safety and/or welfare. These provisions are intended to direct building and septic
system locations to terrain more suitable to development and to discourage development on
critical slopes, and to supplement other regulations regarding protection of public water supplies
and encroachment of development into flood plains. (Amended 11-15-89)
Where modification of regulations is sought pursuant to section 4.2.5, such request shall address
each concern specified in section 4.2. (Added 11-15-89)
4.2.1 BUILDING SITE REQUIRED
No lot or parcel shall have less than one (1) building site. For purposes of this section, the term
"building site" shall mean a contiguous area of land in slopes of less than twenty-five(25)percent
as determined by reference to either topographic quadrangle maps of the Geological Survey-U. S.
Department of Interior (contour interval twenty [20] feet) or a source determined by the county
engineer to be of superior accuracy,exclusive of:
-Such area as may be located in the flood hazard overlay district or which is located under water;
-Such area as may be located within two hundred (200) horizontal feet of the one hundred year
flood plain of any public drinking water impoundment or within one hundred(100)horizontal feet
of the edge of any tributary stream to such impoundment; (Amended 11-11-87)
-Such area as may be designated as resource protection areas on the resource protection areas map
adopted pursuant to chapter 17 of the Code of Albemarle; provided that nothing contained herein
shall be deemed to prevent or impair the water resources manager from exercise of discretion as
set forth in that ordinance.(Added 9-9-92)
4.2.2 AREA REGULATIONS
Area regulations for building sites shall conform to the following:
4.2.2.1 For uses not served by a central sewerage system the following shall apply: (Amended
11-15-89)
•
a. For each dwelling unit served by other than a central sewerage system,the building site shall
have an area of thirty thousand(30,000)square feet or greater and shall be of such dimension
that no one dimension shall exceed any other by a ratio of more than five (5) to one (1) as
described by a rectangle inscribed within the building site. Such building site shall have
adequate area for location of two (2) septic drain fields as approved by the Virginia
Department of Health in accordance with section 4.1 of this ordinance for each dwelling unit.
(Amended 11-15-89)
b. For development subject to review under section 32.0 of this ordinance,the building site shall
have an area of thirty thousand(30,000)square feet or greater and shall be of such dimension
that no dimension shall exceed any other by a ratio of more than five (5) to one (1) as
described by a rectangle inscribed within the building site. Such building site shall have
adequate area to accommodate all buildings and structures, septic drainfields as approved by
the Virginia Department of Health in accordance with section 4.1 of this ordinance, parking
and loading areas, storage yards and other improvements together with any earth disturbing
activity necessary to accommodate such improvements. (Added 11-15-89)
These provisions shall not apply to accessways,public utility lines and appurtenances, stormwater
management facilities and the like necessary to provide reasonable usage of the property where no
reasonable alternative location or alignment exists. The county engineer shall require such
protective and restorative measures as he deems necessary to insure that such development will be
consistent with the intent of section 4.2. (Added 11-15-89)
4.2.2.2 For a use served by a central sewerage system, the applicant shall demonstrate that the building
site is of adequate area for the proposed development:
a. For residential development, the building site shall be of adequate area to accommodate the
proposed residential unit(s) together with an area equivalent to the sum of the applicable
required yard areas of the zoning district in which such property is situated. Where parking is
provided in bays, such parking area shall also be included in the building site; (Added 11-15-
89)
b. For development subject to review under section 32.0 of this ordinance,the building site shall
be of adequate area to accommodate all buildings and structures, parking and loading areas,
storage yards and other improvements together with any earth disturbing activity necessary to
accommodate such improvements. (Added 11-15-89)
These provisions shall not apply to accessways,public utility lines and appurtenances, stormwater
management facilities and the like necessary to provide reasonable usage of the property where no
reasonable alternative location or alignment exists. The county engineer shall require such
protective and restorative measures as he deems necessary to insure that such development will be
consistent with the intent of section 4.2. (Added 11-15-89)
4.2.3 LOCATION OF STRUCTURES AND IMPROVEMENTS (Amended 11-15-89)
Except as otherwise permitted pursuant to section 4.2.2 and section 4.2.6, the provisions of this
section shall apply to the location of any structure for which a permit is required under the
Uniform Statewide Building Code and to any improvement shown on a site development plan
pursuant to section 32.0 of this ordinance.(Amended 11-15-89)
4.2.3.1 No structure or improvement shall be located on any lot or parcel in any area other than a building
site.(Amended 11-15-89)
4.2.3.2 No structure or improvement nor earth disturbing activity to establish such structure or
improvement shall be located on slopes of twenty-five (25)percent or greater except as otherwise
permitted under section 4.3.01.
(Amended 11-15-89)
4.2.4 LOCATION OF SEPTIC SYSTEMS(Amended 11-11-87)
In the review for and issuance of a permit for the installation of a septic system, the Virginia
Department of Health shall be mindful of the intent of this section,and particularly mindful of the
intent to discourage location of septic tanks and/or drain fields on slopes of twenty(20)percent or
greater. Septic system location shall be restricted to the approved building site.
(Amended 11-1-87;9-9-92)
4.2.5 MODIFICATION OR WAIVER
Any requirement of section 4.2 may be modified or waived in an individual case, as provided
herein:
a. A developer requesting such modification or waiver shall file a written request in accordance
with section 32.3.10.4 of this chapter and shall in such request address each concern set forth
in section 4.2. No such modification or waiver shall be granted until the commission shall
have considered the recommendation of the agent. The agent in formulating such
recommendation may consult with the county engineer,Virginia Department of Health, water
resources manager and other appropriate officials. The county engineer shall evaluate the
potential for soil erosion, sedimentation and water pollution in accord with current provisions
of the Virginia Department of Transportation Drainage Manual, the Commonwealth of
Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board
best management practices, and where applicable, Chapter 17, Water Protection, of the Code.
(Amended 11-15-89)
b. The commission may modify or waive any requirement of section 4.2 in a particular case
upon finding that: (Amended 11-15-89)
1. Strict application of the requirements of section 4.2 would not forward the purposes of
this chapter or otherwise serve the public health, safety or welfare, or that alternatives
proposed by the developer would satisfy the purposes of section 4.2 to at least an
equivalent degree;or(Added 11-15-89)
2. Due to its unusual size, topography, shape of the property, location of the property or
other unusual conditions, excluding the proprietary interest of the developer, the
requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of
the property or would result in significant degradation of the site or adjacent proper ties.
Such modification or waiver shall not be detrimental to the public health, safety or
welfare, to the orderly development of the area, or to adjacent properties, or be contrary
to sound engineering practices;or(Added 11-15-89)
3. Granting such modification or waiver would serve a public purpose of greater import
than would be served by strict application of section 4.2. (Added 11-15-89)
c. In granting such modification or waiver, the commission may impose such conditions as it
deems necessary to protect the public health, safety or welfare and to insure that such
development will be consistent with the intent of section 4.2.
d. The board of supervisors shall consider a modification or waiver of any requirement of
section 4.2 only as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site
plan,as provided in section 32.4.2.7 or 32.4.3.9,to which the modification in conjunction
with an application for a special use permit shall be subject to review by the board of
supervisors.
2. In considering a modification or waiver,the board may grant or deny the modification or
waiver based upon the findings set forth in subsection(B), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection(c).
(12-10-80, §4.2.5; ; 11-15-89;Ord. 01-18(4), 5-9-01)
4.2.6 EXEMPTIONS
4.2.6.1 Any structure which was lawfully in existence prior to the effective date of this ordinance and
which is nonconforming solely on the basis of the requirements of section 4.2, may be expanded,
enlarged, extended, modified and/or reconstructed as though such structure were a conforming
structure. For the purposes of this section, the term "lawfully in existence" shall also apply to any
structure for which a site development plan was approved or a building permit was issued prior to
the effective date of this ordinance, provided such plan or permit has not expired.
4.2.6.2 Any lot or parcel of record which was lawfully a lot of record on the effective date of this
ordinance shall be exempt from the requirements of section 4.2 for the establishment of the first
single-family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall
apply to such lot or parcel if the same shall contain adequate land area in slopes of less than
twenty-five (25) percent for the location of such structure. For the purposes of this section a
mobile home shall be deemed a single-family detached dwelling unit.
v 2001 171 Alex Toomy Menwether Lane Attachment A