HomeMy WebLinkAboutVA200300008 Action Letter 2003-06-13 •
J l OF ALB.c,.
`�RGtNtP ,,
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 Mclnt►re Road,Room 227
Charlottesville,Virginia 22902-4596
FAX(434) 972-4126 TELEPHONE(434)296-5832 TTD (434) 972-4012
MEMORANDUM
TO: Files,VA 94-04 and VA03-08
FROM: Jan Sprinkle, Chief of Zoning Administration
SUBJECT: NO NEED FOR VARIANCE TO REMOVE CONDITION #2 OF VA94-04
DATE: 06/13/03
I originally told the apphcant,Paul Grady, that he needed a variance to remove condition#2 of
VA94-04 in order to subdivide tax map 57,parcel 32. I have since read the entire file of VA94-04
and have reversed my position—no variance is needed to divide the parcel into two parcels each less
than 4.0 acres.
The request for VA94-04 changed after the original staff report was done. The item was deferred,
amended and came to the BZA with a substantially different request. In the amended request, the
applicant was willing to remove one of the three dwellings on parcel 32 and maintain at least 4.0
acres to make it more conforming than it had been at 3 dwellings on only 5.6 acres. We did not
investigate the septic issues for this parcel other than the area that was being added to the proposed
combination of parcels 32B, 32C,and 32E.
The variance was only temporary so that the plat could be done and put to record BEFORE one
mobile home on parcel 32 was removed. Everything else that was being done made the situation
more conforming and would have been allowed by right. The variance in essence allowed parcel 32
(the one that was 5.647 acres) to become MORE nonconforming for no more than two years—able
to keep the 3 du's and record the plat that reduced the acreage and combined part of it with the
other 3 small parcels. It is my opinion that the condition was only to insure that the subdivision plat
that they were putting to record before removal of one mobile home didn't reduce the acreage
below the 4 acres required to make it conforming when there were only 2 remaining dwellings. The
language of the conditions is poor and rather confusing,but I am making a determination that says
that condition went away when parcel was made conforming which happened in 1995—plat signed
4/3/95. I spoke with Francis MacCall, subdivision planner in P&CD, and he will insure that any
new plat to divide parcel 32 will meet the primary and reserve drainfield requirement of 4.1.6.
Page 1 of 1
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