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HomeMy WebLinkAboutSUB200600056 Executive Summary 2006-03-28 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SUB 06-056: Carter-Connolly- Critical AGENDA DATE: March 28, 2006 slopes waiver request ITEM NUMBER: SUBJECT/PROPOSAL/REOUEST: Request for waiver of CONSENT AGENDA: No Sec. 4.2 building site requirements in order to construct a dwelling and septic drainfields on critical slopes within an ACTION: Yes INFORMATION: existing lot. ATTACHMENTS: Yes STAFF CONTACT(S): David Pennock, Glenn Brooks REVIEWED BY: WDF PROPERTY OWNER/APPLICANT: Kara A. Connolly BACKGROUND: This lot is in Skyline Crest Subdivision, which was recorded in 1976. Lot 4B is steeply sloped in the front,but levels slightly in the rear. Approval of this waiver by the Planning Commission will allow the construction of a dwelling and septic drainfield on critical slopes nearer to the front of the lot. RECOMMENDATION: Staff has reviewed this request with consideration for the required criteria and cannot recommend Planning Commission approval of the requested critical slopes waiver based on the findings provided herein. Should the Commission decide to approve the waiver, Staff recommends the following condition: 1. As Erosion and Sediment control plan will be required for any building permit for a dwelling. The County will not approve an agreement in lieu of a plan. ATTACHMENTS: Staff Report 1 STAFF CONTACT: David E. Pennock, AICP, Glenn Brooks, P.E. PLANNING COMMISSION: March 28, 2006 AGENDA TITLE: SUB 06-056 Carter-Connolly- Critical slopes waiver request PROPERTY OWNER/APPLICANT: Kara A. Connolly APPLICANT'S PROPOSAL: The applicant is proposing to build in an area of the lot that contains critical slopes. A more level potential building site is located farther back on the lot. Section 4.2.3.2 of the Zoning Ordinance prohibits the location of structures and improvements on critical slopes. The applicant is requesting a waiver of this requirement. The property, described as Tax Map 57, Parcel 85D1, is approximately 2.00 acres and is zoned RA, Rural Areas. This site is located in the Samuel Miller Magisterial District on the north side of Gillums Ridge Road [State Route#866] within the Skyline Crest Subdivision(Attachment A). PLANNING AND ZONING HISTORY: This lot was created through subdivision in 1976 as part of a larger development called Skyline Crest (Attachment B). At that time, it was not required that a building site exclusive of critical slopes area be identified on a plat. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as Rural Area in Rural Area 3. REASON FOR PLANNING COMMISSION REVIEW: Approval of this application requires Planning Commission approval of a modification of Section 4.2 in order to allow disturbance of critical slopes. The applicant has submitted a letter with justification for this request, in accordance with Section 4.2.5(a) (Attachment C). REVIEW OF MODIFICATION OF SECTION 4.2.3 TO ALLOW ACTIVITY ON CRITICAL SLOPES: Discussion- Critical Slopes Waiver: Section 4.2.3.2 of the Zoning Ordinance restricts earth-disturbing activity on critical slopes, while Section 4.2.5(b) allows the Planning Commission to waive this restriction. Staff has reviewed this waiver request with consideration for the concerns that are set forth in Section 4.2 of the Zoning Ordinance, entitled"Critical Slopes." These concerns have been addressed directly through the analysis provided herein, which is presented in two parts,based on the Section of the Ordinance each pertains to. Section 4.2.5(a): Aesthetic Resources: The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps in the Open Space Plan include"inventory maps"which show all resources. The"composite map"then indicates those resources that are of the highest significance or are part of a system forming a significant resource, such as a stream valley or mountain range. This site is not shown on either map to contain such features. The Open Space and Critical Resource plan does not identify any significant features on this site. The aesthetic resources on this site do not appear to be substantial. Review of the request by Current Development Engineering Staff. Description of critical slope area and proposed disturbance: This is a very steep(30%+) wooded lot on a gravel road, Gillums Ridge Road(Attachments D and E). It is surrounded by similar large residential lots. The applicant is proposing to construct a house, driveway and 2 associated drain field. Areas Acres Total site 2.0 acres approximately Critical slopes 1.4 Approx., 70%of site Critical slopes disturbed 0.7 Approx. 50%of critical slopes* *The 50% disturbance is an estimate. Plans have not been provided Exemptions to critical slopes waivers for driveways, roads and utilities without reasonable alternative locations: This disturbance is not exempt. Compliance with Zoning Ordinance 18-4.2: "movement of soil and rock" This construction will clear areas of the wooded slopes for the house, yard and drain field. These areas will not be as stable as the undisturbed slope. Proper slope construction near the foundation, control of drainage, and vegetative stabilization over the yard and drain field areas will prevent significant movement of soil. "excessive stormwater runoff" Stormwater runoff will be increased in this area, as the slopes will be partially cleared and replaced by steeper, less vegetated, or more impervious areas. "siltation" This construction will require a building permit,with a typical agreement in lieu of an erosion control plan. Some siltation is likely. "loss of aesthetic resource" This area is visible from the road and houses in the neighborhood. It is a steep, natural, wooded slope. "septic effluent" The danger of septic effluent from a possible drain field failure is a concern. This application appears to be exactly what the zoning ordinance, section 18-4.2,was written to prohibit; home and drain field construction on steep hillsides. Therefore, it appears that a recommendation for denial must be given by the reviewing engineer. A few points in the applicant's letter need to be addressed. (1)The applicant has indicated that an extensive driveway to the rear portion of the property would disturb more slopes than the current proposal. This cannot be verified, as no plans have been proposed. It appears a driveway that disturbs less than the home construction could be built. (2) The applicant has pointed out that nearby homes are built on similar critical slopes. This can be seen in the map provided(Attachment E). It is a very common contention among builders and developers in the County that critical slopes (25%) are easy to build on, and ideal for basement construction. This is true for most home types. (3) The applicant indicated that the Health Department allows drain fields to be on slopes greater than 25%. It is true,both with regard to slopes, and with regard to alternative septic systems, the state is more permissive than the County. Section 4.2.5(b): Staff has included the provisions of Section 4.2.5b here(in italics), along with staff comment on the various provisions: b. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that: 3 (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) Based on the Engineering analysis provided above, it is staffs opinion that a strict application of the requirements set forth in Section 4.2 would act to forward the purposes of the chapter and otherwise serve the public health, safety or welfare in this case. 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 properties. 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) This parcel contains a site with adequate area for construction of a dwelling and drainfield within part of the lot that is less than 25% slope. Thus, the requirements of the Ordinance do not unreasonably restrict the use of the property. 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) As the applicant indicates in the justification letter, most of the other lots in the immediate vicinity to this one have structures located forward on the lot, in areas that also appear to be critical slopes. In order to maintain a consistent setback in the subdivision, the home would be located in the front part of the lot. RECOMMENDATION: Staff has reviewed this request with consideration for the required criteria and cannot recommend Planning Commission approval of the requested critical slopes waiver based on the findings provided herein. Should the Commission decide to approve the waiver, Staff recommends the following condition: 1. As Erosion and Sediment control plan will be required for any building permit for a dwelling. The County will not approve an agreement in lieu of a plan. Attachments: A - Vicinity Map B - Skyline Crest Subdivision Plat C - Applicant's Request and Justification D - Topographic Worksheet for Lot 4B, Skyline Crest E - Aerial Photo and Photo of Lot 4 Albemarle County GIS-Web March 17, 2006 Carter/Connolly Waiver Request 57-82Crit 57-85P ri 57-85N 3725 jI 57-SSL 57-85A�I i 1i 57-85K 710°' I /n--''''-''''-' /z'/ ' r1/' r '.`e.�.„ 57-8sc l °' 57-853 1�i 57-85M1 1) :\ _._37wg19. 57-88 3s5 57-851 I/. 57-85D 375 57-85H 57-51\ a \` .61z 57-85D1 57-85G 3�1 ,`. 0, i___ s,, EU 57-85F 57-89 57-85E 35 "- "'� 321 f 57-85A�1 / t 157-85 II .-i- 3 708 "7 4. 57-9O K.-------- 57450A 57 57-49:: 'Pj C� 57;48C / A3 s:$f> Other Streams pf 1 2,3IA Major Streams ii kl 4 5 6.7 9,, 11 21 Ponds W., •. i '13 1,1/15116117 9 20 23 Lakes and Reservoirs !1 24,25'2kkn 28,29 }31 3 Ii34��7' ❑ Parcels 138139 4d41142143 4414�5,,d6 47r�49�49f1550'S1 '52'5 5415514457158159 60 61162(16416s�G65 67 — Driveways 1-$S' -1-974 1 7lr I .� 68 69 171,72 73 74 7,5 76 77 78 79.80 81 82 Buildings Geographic Data Services ' 1 -.I 83'84 85 86 87 89 91 92 94.95 — Roads Room 227 * I e -..I �. I I 1 96 98 9910C10110210334105106 Road Centerlines 401 McIntire Road I t..,,I it 1 t i t 1 144 107 108. 109110 111 114 115 116 ID Road Bridges Charlottesville,VA 22902 1 1119 1121113 12 All data isprovided for graphic representation onlyThe 25 126 �__t»�n3 — Overview Roads 9 P P 125 12612�128129130- 131 County of Albemarle expressly disclaims all warranties of any ❑ Tax Map Grid type,expressed or implied,including,but not limited to,any 132 133 135 136 137 warranty as to the accuracy of the data,merchantability,or 1343,A39 134 fitness for a particular purpose S Aenal Imagery©2002 Commonwealth of Virginia-Maps are for internal use only ATTACHMENT A ' 7- 22- 76 d ..�,"• •_ _._ INTLS YNCC QCRESTJ�CORtOON�ATIION fw • ' , _ 0 E 1 T'- • . T _-_-J� "�.- � _t , �"'♦'!"� r__• •+• _ , %....��. CO BOARO OF SUPERVISORS • STATE OF VIRGINIA ' H n ' I , MARGARET L.`ROUDABUS11 ► NOTARY PUBLIC /pa IMt STATE EI0ISA10. eo •.' IIr7 TMAT r�-� !�f! It.. 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' ' •(ESKYL,INE CREST - ' 1 1 11'48'07J• 543.53 I 56.18 111,96 . --- -• - ---r-- ,- ---- LOCATED SOUTHWEST OF IVY • 87'45.33 _ 37.32 35.89 57,16 • �2"vo's7 I5 44� 4 36.u4��L87 ALBEMARLE COUNTY, VA. 4 • 23-57'33 257.77 r 54.70 ; 107.79 . 5 23 57i33 f 307_77-1 65_3 `I28.70� SCALE (11! ZOO[ REVISED MARCH 191�976 4�A�TH O�j� 6 15 00 00 I 435.00 57.27� 113.88_ �� 7 ' 15700700 �385.00 �_ 0.69 I 100.79 ; REVISED JULY 22,1976 0► --�• _• _ +----- - • y [REVISED NOV 4 , 1977Av.Eun1 I �► �. s. �InDA . $ 45'00'00 35.95 1 14.64 I 27.76 'r"' To Show AdditlonaIO/oin i► 9 •270 00'00 I _50.00 ! 0.00 2_35.62 y • ' . . ''+ '� • • CERT. NO. ID -2I 49'45- - 2d9.21 55.77 110.19 > u 54.17.3 (a) 655 11 31'30'39 268.58 75.77 t, 147.71 �1 1. .. , -• r 54.17.3 (b) 78 e • I .T92 39'31 122.22 r128.03 t 197.65 ' WILLIA•M 'S ROUDABUSH, INC. . , . ,./ ,4` • 13 T15'16'12' -534.21 , 71.61 .142.38 CERTIPIED�..L'AND SURVEYORS - /•� LAND �' 14 -r6 ie'o3' 635 a5 fi'�s_oo 69.9z • - CHARLOTTESVILLE . T VA, • . j5- 16'34'39'�451.86 1 65.83' 130.74 1 • )I` 59'50 i 591.25 1 25.801 51.57 AA"' tnl.Id :..__elan_ _. • '_„� •tawsi�s•-- f..r7.i.-•}-•-• -•••• 1 • ••.TM../.•w W_•••••vf•••••.•'f•-.n►•'♦'•rn•^•.'r,r��+• ....swimI ... • '+ r y ' + ' . . . ,7r 7 February 27, 2006 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Ref: Application of Review of a Subdivision Plat-Request for Section 4.2.6 Exemption Lot 4B, Skyline Crest Subdivision 345 Gillums Ridge Road Tax Map #57-85D1 Kara A. Connolly, Owner To Whom It May Concern: The Owner of the above referenced property is requesting modification or waiver to the County code, referenced by Section 4.2.6-B of the County Code. Property is a 2 acre lot in an existing subdivision, established in 1976. Property has been in the Owner's family since 1987. Property was acquired at that time by the Owner's parents with the sole intent of establishing a future home for the Owner and her family. Proposed building site is on critical slopes. This is allowed under Section 4.2.6-B. Proposed building site is at the front (top) of the property, on Gillums Ridge Road. Proposed site is in keeping with other existing homes in the Gillums Ridge Road section of the subdivision, all of which appear to be built on similar slopes adjacent to the road. The rear(lower) portion of the property contains an area that would allow a building site and septic field on less than 25% slopes (with a reserve located on critical slopes), in which case the provision that references Section 4.2.3.2 would apply. However, accessing this building site area at the lower rear portion of the property would require the establishment of an extensive driveway system that would disturb a much greater portion of the critical slopes than the footprint of the proposed home and its associated septic field. (Section 4.2.3.2 addresses this earth disturbing activity). Additionally, establishing such a driveway system and establishing a home site at the rear of the property would adversely impact the natural character of the property that currently provides an abundant wildlife habitat; create a physical hardship for the Owner's family in accessing their home in snowy/icy conditions; and create significant life safety issues in the event that emergency/rescue vehicles were called to the home. 1 1 ATTACHMENT C 1 Owner's Agent has met with Bill Fritz, Chief of Current Development, and reviewed the criteria for Review of Modification of Section 4.2. These specific criteria are addressed below: 1) "Movement of soil and rock"- Other than the excavation for the foundation of the house and establishment of a small entrance driveway and the septic system, soil disturbances, if any, would be minimal. (Intention is to maintain the natural character of the lot). Septic field to be planted with fast growing grasses to alleviate soil movement. Soil tests have not shown the presence of significant rock on the property. There are no exposed rock outcroppings. 2) "Excessive stormwater runoff"- Proposed minimal driveway will be gravel, allowing absorption of rainwater. Owner's Agent has met with VDOT and Owner has obtained an approved driveway permit. Roadway stormwater should not impact site. House to have a gutter system, with downspouts leading to perforated drains directing water away from the homesite, rather than splashblocks. This should allow for gradual absorption of roof water runoff 3) "Siltation"- expect no impact - no waterways on or adjacent to property. 4) "Loss of aesthetic resource"-Lot is located in an existing subdivision, established in 1975. It is the Owner's desire to build on the lot in a manner in keeping with the existing homes on the adjacent properties, at the front of the lot adjacent to Gillums Ridge Road. This would minimize disruption and maintain the natural wildlife habitat at the rear of the property. 5) "Septic effluent"- Owner has engaged Gooch Engineering to perform two soil studies of the property. Soil has very good qualities for establishment of a fully functioning conventional septic system (Study performed in August 2003 is enclosed). This study shows a proposed reserve site on critical slopes. Study performed in February 2006 (to be provided when received) has established that a reserve site may be established on non-critical slopes at the rear of the property, further minimizing potential impact on the site. Preliminary review of the site and the 2003 Gooch soil study with the Health Department representative was favorable, provided that a modification to allow building on greater than 25% slopes was received by the Health Department from the County. The Health Department has issued a rejection of the initial application, citing the lack of receipt of the requested modification. (It should be noted the State allows establishment of septic systems on slopes up to 50%). 2 ATTACHMENT C2 Section 4.2.5 establishes the review process and criteria for granting a modification of Section 4.2. Section 4.2.5-B provides that the commission may modify or waive the requirements of section 4.2. The following addresses the three circumstances referenced as grounds for granting a modification or waiver: 1) Strict application of the Section 4.2.6 provision that requires the building to be placed on non-critical slopes, should such exist on the property, as applied to this property, would actually result in greater disturbance and degradation of critical slopes. 2) The topography and location of the property suggest that the appropriate development of a building site should be at the front (top)of the property, adjacent to Gillums Ridge Road. The house, sited at this location, would be in keeping with existing adjacent properties, would maintain a common wildlife habitat with the adjacent properties, would be in keeping with the norms of public health and safety, would add to the orderly development of the area and adjacent properties, and can be accomplished with sound engineering practices. 3) Not deemed applicable. It is the Owner's sincere hope that the Planning Commission will grant this modification due to the conditions and circumstances outlined above. Thank you very much for your time and consideration. Respectfully, David S. Connolly Owner's Agent 9 3 ATTACHMENT C3 I o'9 C'1 eOA 6116 LOT 13A s AO'Q�y Z • I LOT 7A 6 W I U 521.68 S50'14'39"W S32.33'13"E (T 24.68' _ 177.98' : -F - � 1\ IF r-- LOT 4B ,a\ \ \4: `ri 51 O 4'4 \ \ \ \ \ \ \ \ 20 \ \ \ 517'45 506 \ \ \ \ \+ \\ \ \\ + 09.64 \ \ \ tS0 \\ \ \ \ \ N. +u36 - \ \ LOT 6 \ \ N -51 \ \ \ \ -- - + (/)\ \ � � • • • • - 5013'65 0 +4�4.9S, N \ • - • " � \ N. 1t9 \ \ .N \ 499:83\ a. 'D ,z \��\ \ \ \ \ +4 4. 4 \ N. \ \ \ 50184 / I \ N. \ \ \ \ \ / \ N.BB%GS \ \ N \ w +44)0.�'S \ \ - �.r ..... — \ \ - `.- - LOT 4A N / �I ' \ \�9` IF _ - El GS / z Oro v 490 487.85,� BB/GS /' / + �� - - - - - - 14g1.19 i -iB GS 500. - - - - - - _ - _ ,�- A0 51( 5rt6r8e0 — - - - - - ____-.- !!�13.63N - 520 - - — _ — — :� _ —24 . -- N = LOT 5 530 - - -- - = - 19 - -- - - _- -0.534.48 - - - - - - - 83875- - - ` i �40 • 40..539 R1 - _ _ — PH#1 -+ - - - - _� P_H�3- - -' - 'O 546.92 _ 0 0§-43.46- - _ _ _ � � ��fJS --TB GS _-- 550- —&525 - - - 553.83'+ - 360.47 +551.64.- - -6 552.97 "O - - _ - - N32.48'12"W STATE ROUTE 787 ovajaTH Op D / �r �r 7 LEGEND: THOMAS B. LINCOLN BB = BOTTOM OF BANK CERT. NO. 1326 IF = IRON FOUND PIROCIRESS TB = TOP OF BANK PH = PERK TEST HOLE TOPOGRAPHIC WORKSHEET OF SUM LOT 4B "SKYLINE CREST" THOMAS B. LINCOLN LAND SURVEYOR, INC. ALBEMARLE COUNTY, VIRGINIA 632 BERKMAR CIRCLE SCALE: 1" = 50' FEBRUARY 23, 2006 CHARLOTTESVILLE, VIRGINIA 22901 ASSUMED VERTICAL DATUM 434-974-1417 CONTOUR INTERVAL: 2' TMODEL SERVER1 DATA9\ 106\ 106001400.PRO 106-0014-00 "k9stk4 :' , ', .. '•1:,,,,, t.;-• A , ‘ 4 -,, c , • ,..' quit ' ,,.., , - •,,i,,,:4,,,‘,,, ,, , .,,, , , - f- ,,, *, fa , . ,....,, , ,„.........,,.,WI • _ ,, II k . ' ,... , $ 4 ''' .,,t• ' , ' ,' *," , 1',.:,., ' ' -,;,`,''' , ‘ ' • r ‘ , ,,.,.. , .,,,, „„„,„. ..... : -„,-, .- ,..-- • •••••, ' :. i I ATTACHMENT E