HomeMy WebLinkAboutSUB200000141 Action Letter 2000-09-18 r•
COUNTY OF ALBEMARLE
Department of Planning&Community Development
401 McIntire Road,Room 218
Charlottesville,Virginia 22902-4596
(804)296-5823
Fax(804)972-4012
September 18, 2000
Adams, Meyer and Hall Partnership
1725-B Yorktown Drive
Charlottesville, VA 22901
RE: Tax Map 58, Parcel 3J
Dear Sir or Madam:
It has come to the attention of the Planning Department that there is an apparent violation of the
Subdivision Ordinance occurring on the above referenced property. The attached plat indicates
that Lots 1 through 4 are to access Route 676 (Tilman Road) via the 40' ROW named
Meriwether Hill Lane, (approved as a Private Road by the Albemarle County Planning
Commission on 4/25/00). However, a site inspection revealed that an entrance has been
established on the frontage of Lot 4 onto Loch Brae Lane, also a private road. This situation is a
violation of Section 14-505 of the Subdivision Ordinance which states:
"Each lot shall have immediate vehicular access onto a public street or a private road as
follows:
A. Except as provided in paragraphs (B) and (C), each lot shall have
immediate vehicular access to only one public street or private road,
which is within the subdivision.
B. A lot may be located so that it has immediate vehicular access to only a
public street abutting the subdivision if the commission approves a waiver pursuant to
section 14-237, the subdivider obtains an entrance permit from the Virginia Department
of Transportation for the access, and the entrance complies with the design standards set
forth in section 14-512(I).
C. A lot that fronts on a private road within the subdivision may have immediate
vehicular access to a public street abutting the subdivision if the commission approves a
waiver pursuant to section 14-233(A) at the time the private road is approved, the
subdivider obtains an entrance permit from the Virginia Department of Transportation for
the access, and the entrance complies with the design standards set forth in section 14-
512(I). If the commission approves the waiver request, its approval shall include a
condition that the waiver is valid only if 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."
Section B & C provide for a waiver of Subsection A - but only for access onto a public road.
There is no provision in this ordinance which allows for a lot to have access to two private roads.
No further permits will be granted and no further inspections will be performed pursuant to
Section 14-204C which states:
"No permit shall be issued by any administrative officer of the county for the
construction of any building, structure, or improvement requiring a permit upon any land
for which an approval pursuant to this chapter is required, unless and until the person
seeking the permit complies with the requirements of this chapter."
If no action is taken to correct the violation within 30 days this department will request that the
Board of Supervisors vacate the plat. That action will be taken pursuant to Section 14-204B of
the Subdivision Ordinance which states:
"The board of supervisors may institute any appropriate action or proceeding, at
law or in equity, to prevent a violation or attempted violation, to restrain, correct,
or abate a violation or attempted violation, or to prevent any act which would
constitute a violation, of this chapter."
Please contact this office as soon as possible to discuss the method by which the situation may be
corrected. I believe that this situation will be corrected in a manner satisfactory to all. Please do
not hesitate to contact me with any questions you may have.
Sincerely,
V. Wayne Cilimberg
Director of Planning & Community Development
VWC/yqa
cc: Greg Kamptner
Jay Schlothauer
Amelia Patterson
John Grady
Yadira Amarante