HomeMy WebLinkAboutVA200800005 Review Comments 2008-05-06STAFF PERSON: Ron Higgins
BZA PUBLIC HEARING: May 6, 2008
STAFF REPORT VA -2008-005
OWNER/APPLICANT: Daniel H. McLaughlin
TAX MAP/PARCEL: 087130-00-00-01100 (Lots 20-23)
ZONING: RA, Rural Areas
ACREAGE: 1.26 acres ± for the entire Tax Map parcel 8713-11
LOCATION: 3960 Red Hill School Road (Route 760)
TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from
Section 10.4 Area and Bulk Regulations, which requires a front yard of 75 feet from
State Route 760, Red Hill School Road. A variance is requested of 45 feet to.. allow the
construction of a single-family detached dwelling 35 feet from the right of way (a
difference of 40 feet), and; provide an additional 5 feet "for any problems that may occur
or to allow for a small 4 foot to 6 foot deck on the rear of the home". (Attach. A, 1-10)
It should be noted that any proposed covered porch is permitted to extend 4 feet into
the required setback in accordance with section 4.11.1.
RELEVANT HISTORY:
These lots were created by subdivision plat recorded July 12, 1948. Therefore, they
predate the adoption of the Zoning Ordinance in Albemarle County. (Attach. B)
Mr. McLaughlin purchased this property in 1988 as lots 19-25. The Zoning Ordinance
standards for setbacks, in the RA zone at the time, were the same as they are now. He
has since built single-family homes on lot #19 (TM87B-9), combined lot #s 24 & 25
(TM87B-12) and lot #20 (part of TM8713-11) which he intends to combine with lot #21.
This leaves lot #s 22 & 23, which are actually the subject lots of this variance request,
that he also intends to combine. It is lot #22 which ranges in depth from 100 feet to 107
feet, with lot #23 increasing to a depth of 135 feet at its easternmost side. (Attach. C)
As some of you may know, there has been considerable difficulty with contaminated
wells in this immediate area. While Mr. McLaughlin's property has not yet shown any
contamination, it is within the area that is deemed to be at risk for such contamination.
He has produced documentation that confirms approvals from the Health Department
for drain fields and wells/water lines. However, the Health Department approval is for a
two-bedroom house and the variance application describes a proposed three-bedroom
house. There is also an effort underway to provide a new water supply system for the
contaminated properties and Mr. McLaughlin has expressed interest in connecting to
that also. We have attached a package of information on this issue, although it is not
entirely germane to the physical setback issue. (Attachment D, 1-5)
Variance Report, VA 2008-005 2 May 6, 2008
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel contains
approximately 1.26 acres and is improved with a dwelling that was built in 2005. The
existing dwelling sits on Lots 20 & 21, which the applicant states he intends to combine.
The existing house is a two-bedroom dwelling with approximately 768 square feet of
finished space. Given the total size of the four lots making up TM 8713-11 (1.26 acres), it
is staff opinion that the owners now enjoy reasonable use of their property and that
approval of this request would be a convenience to the owners. However, there are
additional factors the Board may wish to consider.
In 1948 when the lots (20-23) were platted, there was no Zoning Ordinance with
minimum lot sizes in Albemarle County. Therefore, this potentially would have allowed
the construction of a residence on each of the lots. The need for the variance is
occasioned by the 1980 increase of the front setback to 75 feet in the rural area district.
The area on this parcel that is available for a new residence (lot #s 22 & 23) is
completely eliminated by the dimensions of the lot depths. The buildable area for the
dwelling is limited to a 75 foot setback from Red Hill School Road and a rear setback of
35 feet, the total of which (110 feet) is more than the total depth of the lot(s).
One of the powers and duties of the Board of Zoning Appeals (granted in Section 34.2
of the zoning ordinance) allows that a variance may be authorized as follows:
"... in specific cases such variance from the terms of this ordinance as will not
be contrary to the public interest, when owing to special conditions a literal
enforcement of the provision will result in unnecessary hardship; provided that
the spirit of the ordinance shall be observed and substantial justice done, as
follows: When a property owner can show that his property was acquired in good
faith and where, by reason of... exceptional topographic conditions. or other
extraordinary situation ... the strict application of the terms of this ordinance
would effectively prohibit or unreasonably restrict the use of the property or
where the board is satisfied, upon the evidence heard by it, that the granting of
such variance will alleviate a clearly demonstrable hardship approaching
confiscation, as distinguished from a special privilege or convenience sought by
the applicant, provided that all variances shall be in harmony with the intended
spirit and purpose of this ordinance. "
In our review of this variance request, staff has considered reasonable use for the entire
property as designated by Tax Map/parcel 8713/11. While an owner is entitled to
reasonable use of his/her property, it is not necessarily reasonable to expect that every
small nonconforming parcel is buildable on its own. In many cases with which the BZA
is familiar, such as Albemarle Lake, it has been necessary to combine two or more
parcels in order to result in one reasonable building lot.
APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance
criteria provided by the applicant and comments by staff follows:
I:IDEP-nCommunity DevelopmentToning & Current Development Division OZA lStaff Reportsk2008 staff reports)vA-2008-005
McLaughlin. doc
Variance Report, VA 2008-005 3 May 6, 2008
Hardship
The applicant comments that the variance is necessary:
• "The strict application of the ordinance would produce an undue hardship on the
McLaughlins, as the lot is shallow in depth (100 feet in depth on the west side of the
property line and 107 feet in depth on the east side property line). Without a
variance approval, the lot would not be buildable as the front and rear setback
requirement in the rural area totals 110 feet."
Staff is sympathetic to the applicants' request and agrees that the physical depth of the
two subject lot(s) of record (#22 & #23) could be a hardship. Staff acknowledges that
the setbacks on the subject lots in this parcel are such that there is no buildable area
left. However, staff opinion is that the applicant does now enjoy reasonable use of their
property with the one house on 1.26 acres.
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship to the point of denying them
reasonable use of their land.
Uniqueness of Hardship
The applicant notes:
"Such hardship is not shared generally by other properties in the area as the majority
of other lots in this district have adequate depth to conform the 75 foot setback
requirement."
Since staff finds no hardship, staff is unable to find that the hardship is unique.
Furthermore, the applicant's proposal to combine the two lots only brings them partially
toward compliance with lot size in RA or with the lot sizes in the area.
2. The applicant has not 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 offers:
• "Authorization of this variance will not be a detriment to adjacent property, nor
change the character of the area as several homes along Rt. 710, Rt. 760, Rt. 711
I:IDEP-nCommunity DevelopmentlZoning & Current Development Division 18ZA1Staff Reports12008 staff reports l VA -2008-005
McLaughlin. doc
Variance Report, VA 2008-005 4 May 6, 2008
were built in the 1950's, 1960's and 70's, and do not conform to the 75 foot setback
requirement."
It is not clear whether there are properties in the area and district that are as close to
the front property line (35 feet) as the applicant proposes. The applicant also states in
their uniqueness argument that "...the majority of other lots in this district have
adequate depth to conform to the 75 foot setback requirement."
3. The applicant has not 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 none of the three criteria for approval have been
entirely met, staff cannot recommend approval of this request. Should the Board find
cause to approve this request, staff recommends the following condition:
1. This variance is for the construction of a single-family residence on combined lots
22 & 23, containing a total of .68 acres, as described in this file only.
2. The approval of this variance is conditioned upon the recordation of proper
instruments combining lot #22 with lot #23 and lot # 20 with lot #21.
Attachments:
A - Application and supporting materials from applicant's representative.
B - July 12, 1948 plat.
C - Location map showing context of site and existing houses.
D - Correspondence and drawings regarding the water contamination issue in
the area.
I.IDEP-nCommunity DevelopmentlZoning & Current Development Division OZA lStaff Reports12008 staff reports)vA-2008-005
McLaughlin. doc
Application for
Variance
✓ Variance = $120
ATTACHMENT A
Contact Person (Who should we call/write concerning this project? : jolAIJ L :7)tZ04nr�,
AddressVS%J btJAA.. ul/l,� • Fes,. City AOI`41l'10./��I.J State Zip _
Daytime Phone 4 I q -ZE-mail C,Vj?"C(�?�Dp . C.01,.,k
Owner of Record
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Daytime Phone (_� �� �S Fax # C_) E-mail
Applicant (Who is the Contact person representing?): �G)�, p� i\&C L64AC_Lt%,J
Address �b-�v1..Q , City State Zip
Daytime Phone C_) Fax # L_)
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E-mail
VA -2008 -?t5 (Sign #52) Daniel McLaughlin (owner/applicant). Applicant requests
va riancep, construct a single-family home.uest reduction of front setback from
Route O��rom75 to 35 feet, a reduction o 45 et. Property is located on the north_.
side of out 71 ,`(Red Hill School Rd) about 200 ft west of the intersection with F�t 760.'
TM 87B Parcel 11, zoned RA, Rural Areas.
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FOR OFFICE USE ONLY
Fee Amount $. Date Paid
/ NIA # /1 1,-" L;
By who'.
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receipt 11 / =-
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County of Albemarle Department of Community Development
The following information shall be submitted with the application and is to be provided by the applicant:
I ) Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please
provide legal description of the property and the Deed Book and page number or Plat Book and page number.
2) The appropriate drawings showing all existing and proposed improvements on the property, with all dimensions and distances to
property lines, and any special conditions on the property that may justify the request.
3) Fee payable to the County of Albemarle.
4) Description of Request:
5) Justification shall be based on these three (3) criteria:
1. That the strict application of this ordinance would produce undue hardship. A 4AC Q X-1
2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
3. That the authorization of such variance will not be of substantial cicriincri7to adjacent property and that the character of the
district will not be changed by the granting of the variance.
Owner/Applicant Must Read and Sign R E I VEE
The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information n(MAja2/6o
review has not been submitted by the deadline. tt �u��
I hereby certify that the information provided on this application and accompanying informaticPQIWM YrJQEVELDPMEN7
to the best of nyAnowledge and belief.
t' - �- ---- -
Signature of Owner, Contrac Purchaser went Date
Print Name Daytime phone number of Signatory
5/1/06 Page 2 of 2
AUTHORIZATION FORM
Development: i�l C ter o
Tax Map & Parcel: 7 �3
Site Address: (o �S ZZ c Z 3
Company/Owner:
Approved By:
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Agent's Company: Central Virginia Permitting, LLC
Address: 2575 Dudley Mountain Road
im
en, Virginia 22959
Signature of Agent:
Date: 3 l.t D Phone # 531-1118
John Grady, Central Virginia Permitting, LLC, is authorized to execute and sign
permits, applications, and recordations on behalf of the Company/Owner listed
above.
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VA -2008-005 Daniel H.
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McLaughlin (owner/applicant)
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Tax map 8713, parcel 11
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Request: Requesting a 45 foot variance for a single family home to be located
35 feet from the Rt. 710 R/W margin. The home is planned to be set at 40 feet
from the front R/W; the additional area is requested for any problems that may
occur or to allow for a small 4 foot to 6 foot deck on the rear of the home.
Criteria -
1 .
riteria:
1. A strict application of the ordinance would produce an undue hardship
on the McLaughlins, as the lot is shallow in depth (100 feet in depth on
the west side of the property line and 107 feet in depth of the east side
property line). Without a variance approval, the lot would not be
buildable as the front and rear setback requirement in the rural area
totals 110 feet. The lots were created back in 1948 and have been
legal lots of record since that time. The McLaughlins purchased the
lots in 1988, have built on 3 of the lots and have 3 vacant lots
remaining. Dan McLaughlin has always intended on building and
combining the remaining lots, but a water and well problem in the Red
Hill area, along with an accident and health related issues, have kept
them from working on the lots. The McLaughlins do intend on
combining lots 20 and 21 together and lots 22 and 23. This in itself
would make the lots more conforming to the area and bulk regulations.
The McLaughlins have approved wells and water lines for the
remaining lots and an approved drain field from the Health Department
for a 3 bedroom unit for the proposed single family unit. Phone lines
and electric lines have also been installed for all lots. The entrance
permit has been approved and installed for the proposed building lots
(22 & 23).
2. Such hardship is not shared generally by other properties in the area
as the majority of other lots in this district have adequate depth to
conform to the 75 foot setback requirement.
3. Authorization of the variance will not be a detriment to adjacent
property, nor change the character of the area as several homes along
Rt. 710, Rt. 760, Rt. 711 were built in the 1950's, 1960's and 70's, and
do not conform to the 75 foot setback requirement. It should also be
noted that a lot of the property in the Red Hill area was zoned village
residential at one time and many homes were built using a minimum
25 foot front setback requirement. The proposed house is
approximately 50x30. We ask the Board to approve our variance
request, so Dan may move forward, build and have reasonable use of
his land.
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Cdhimonwealth of Virginia
Department of ranspolo
Land Use 'Permit
AUn*XMTM::In compicewlhyow aPI- pennission is hereby gNen irreafar as the C.oqv.qwrwvs@Nh Transportation Board has the right, power, and
autlx4y. under, AM, ns33.l-l2M33.1-197;33.1-198ofthe Code ofVk"namended, eo bySpecid Agmenfent andAor by Land Use Pa.. for you
to perform the work aW or mWe) dmlxted below.
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RodoW 760, Red NO Sdwd Road
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To RouIR, 712
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ChorlaftewAs Residency (804)293.001 i
701 VDOT Way
ChwWwAle, VA 71811
V VIRGINIA Albemarle County Health Department
DEPARTMENT PO Box 7546
OF HEALTH Charlottesville, VA 22906
(434) 972-6259 Voice
Protecting You and Your Environment (434) 972-6221(Fax) Fax
Septic Tank - Soil Absorption System Construction Permit
Health Department ID Number: 101-05-0054
Owner / Agent Information
Owner: McLaughlin, Daniel
2106 Old Lynchburg Road
Charlottesville, VA 22903
Owner Phone: (434) 979-0358
Building Permit # B200500689SF
Location Information
Lot 22
R1.111 Tax Map: 87B-11
,Proper1yAdd,ess:
Locality: Albemarle
Directions: 29 South to Trading Post Store; turn left and go to end of road; tum right and it is 500' on right
General Information
System Type: septic tank effluent and drainfield
Daily Flow: 300 gallons
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Type of Property: Residential
Number of Bedrooms: 2 maximum
Please Note:
Sewer Une
DlsWbudon Box Informadon
3" or 4" Sch. 40 PVC or equivalent
No. of Boxes: 1
(cleanouts required at 50' to 60' intervals)
No. of Outlets: 9
Conveyance Une/Force Main Infonnatlon
Header Une Informatlon
Method: Gravity Distributan Box
ASTM F405 pipe or better (1500 # crush or equivalent)
Material: Minimum crush strength 1500#
Minimum slope 2" per 100'
Pipe Diameter. 4"
Slope: only for non -pump - 6" per 100'
Septic Tank - Inlet Outlet Structure
Percoladon Lines and Abs don Area
Capacity: 900 gallons
Slope: 24" per 100'
The inlet structure shall be 1-2 inches higher than the outlet
Percolation lines: 4" diameter
structure and shall extend 6-8 Inches below and 8-10 Inches
Center to Center Spacing: 9'
above the normal liquid level. The outlet structure shall extend
installation Depth: 48"
35-40% below the normal liquid level and 8.10 inches above
Depth of Aggregate: 13", Size of aggregate: 0.5-1.5"
the normal liquid level. To comply with the maintenance
Total Number of Laterals: 7
requirements of 12 VAC 5-610-817 the septic tank must be
provided with one of the following three options: 1) Inspection
Laterals to be 75' Ion x 3' wide
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port, 2) Effluent filter, 3) Reduced maintenance tank
Install 1575 Square Feet Total
Reserve area required: 100%
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Construction Drawing HD 1D #: 101-05-0054
Owner Information
McLaughlin, Daniel
Phone: (434) 979-0358
2106 Old Lynchburg Road
Charlottesville, VA 22903
Construction Drawing
Schematic drawing of sewage disposal system and topographic features.
Install
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48" Deep
Minimum 9' centers on Contour
3 Wde trenches
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This sewage disposal system construction permit is null and void if conditions are changed from those shown on the
application or construction permit.
No part of any installation may be covered or used until inspected, corrections made if necessary and the system is
approved. The inspection will normally be made by the system designer, who may be an AOSE, PE, or EHS. Any
part of any installation which has been covered prior to approval shall be uncovered, if necessary, upon direction of
the Department or the system designer.
System Design By: Jason K.Kvser ; Site Evaluation By: Jason , Kyser
February 25, 2005 August 25, 2006
Jason K. Kyser Issue Date Expiration Date
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Page 1 of 3
ATTACHMENT D 0-1
Ron Higgins
From: Tamara Ambler
Sent: Tuesday, April 22, 2008 1:43 PM
To: Ron Higgins
Subject: FW: variance on McLaughlin's property TM 87B - Parcel 11
Attachments: C-3.PDF
I think this will show the location of the new lines
From: Jeremy Lynn [mailto:jlynn@serviceauthority.org]
Sent: Tuesday, April 22, 2008 1:31 PM
To: Tamara Ambler
Subject: RE: variance on McLaughlin's property TM 87B - Parcel 11
Hope this is what you are looking for.
From: Gary Fern [mailto:gfern@serviceauthority.org]
Sent: Tuesday, April 22, 2008 1:11 PM
To: 'Jeremy Lynn'
Cc: Tamara Ambler'
Subject: FW: variance on McLaughlin's property TM 87B - Parcel 11
Jeremy,
Here is the e-mail from Tamara. Thanks for taking care of her request
Gary
From: Tamara Ambler [mailto:tambler@albemarle.org]
Sent: Tuesday, April 22, 2008 11:56 AM
To: Gary Fern
Subject: FW: variance on McLaughlin's property TM 87B - Parcel 11
Hi Gary - hope all is going well. Do you have a simple sketch or something to show our Zoning folks where the
lines will go? Thanks a bunch!
Tamara
From: Tamara Ambler
Sent: Tuesday, April 22, 2008 8:25 AM
To: Ron Higgins; Amelia McCulley
Cc: Ana Kilmer; David Benish
Subject: RE: variance on McLaughlin's property TM 87B - Parcel 11
I'm not sure of the exact route through or adjacent to his property - Gary Fern, the Executive Director of the ACSA
is intimately familiar with the route. I will ask him about it. Thanks!
Tamara
4/29/2008
Page 2 of 3
From: Ron HigginsZ
Sent: Friday, April 18, 2008 3:51 PM
To: Tamara Ambler; Amelia McCulley
Cc: Ana Kilmer; David Benish
Subject: RE: variance on McLaughlin's property TM 87B - Parcel 11
Thank you, Tamara. I appreciate the information and will share it with the BZA as appriopriate. I have spoken, at
the site earlier, with Mr. McLaughlin, who told me that he has drilled wells that have been tested as you said. He
also spoke of the new water supply coming that he would hope to hook up to once it is done. Do you have any
idea of the route such a water system would take over Mr. Mclaughlin's property. I would love to know how it
might affect the building sites.
From: Tamara Ambler
Sent: Friday, April 18, 2008 1:50 PM
To: Amelia McCulley; Ron Higgins
c: Ana Kilmer; David Benish
Subject: RE: variance on McLaughlin's property TM 87B - Parcel 11
Importance: High
This property is one of those determined to be "at risk" for contamination by the Virginia Department of
Environmental Quality as a result of multiple releases of gasoline and subsequent contamination of groundwater
from the nearby Trading Post store. Approximately a dozen existing nearby wells were contaminated by gasoline
since the late 1980's and through 2002 and most residents are utilizing water filtered through a carbon filtration
unit. Groundwater remediation continues at the Trading Post, under the direction of DEQ. At the time of the
contamination no potable wells were drilled at the McLaughlin property. Since that time, and with full knowlege of
the potential for contamination, the owner drilled two potable wells in late 2004/early 2005 to
serve new homes proposed to be constructed adjacent to the wells.
The County recognized the potential for contamination of those wells and the possible threat to health, and
required that the wells be tested for specific contaminants found in gasoline prior to issuance of building permits
for any new dwellings. The testing (performed in 2005) indicated that the contamination had not yet reached the
new wells, and two building permits were issued. The County did advise the owner after this testing that DEQ
believed that once the wells were put into use there remained the possibility that the contamination could reach
the wells, and written notification was sent to the owner in May 2005 recommending that the wells be monitored
and periodically tested to ensure that users of the wells are not exposed to potentially harmful contaminants. The
County has no information regarding any continued monitoring and testing of the wells by the owner.
If additional homes were constructed utilizing these wells, then it is reasonable to assume that those new users
would also be exposed to contaminants, should the wells become impacted. To alleviate the impact on existing
wells, the County is working cooperatively with the Rivanna Water and Sewer Authority and the Albemarle County
Service Authority to construct a new community well system to serve the only the contaminated and 'at risk"
properties. The new community well is on property safely outside the area of existing and potential contamination
- the ACSA is currently working to install the system and provide clean water to these homes. Households that
were in existence prior to the contamination will receive financial aid through DEQ funds to alleviate the financial
burden of connection costs
The McLaughlin property is within the juridicational area to connect to this new community well, and adequate
capacity exists to provide service. No financial aid through DEQ funds will be extended to the McLaughlin
property to establish the connection, however, since the new wells were drilled after the contamination and risk
were publicized. The ACSA is currently coordinating with this property owner to acquire easements necessary to
construct the new system and serve affected households. However, there is no relationship between the
acquisition of these easements and the County's ruling on the variation request. The ACSA has the authority to
condemn property as needed for this necessary public project, to protect the health and safety of those residents
whose wells have been impacted.
If you need additional information, please advise.
4/29/2008
Page 3 of 3
Tamara D-3
From: Amelia McCulley
Sent: Saturday, April 12, 2008 12:29 PM
To: Tamara Ambler
Cc: Ana Kilmer
Subject: variance on McLaughlin's property TM 87B - Parcel 11
Tamara,
We have a variance for a reduced front setback from Rt 710 for a proposed house
on this property. Because it is in the "properties of well contamination" can you
please provide something in writing for staff and the Board of Zoning Appeals? This
item is going to the BZA on May 6th. Our staff report will be finalized on April 24th.
Any information will be helpful since we expect questions on this.
4/29/2008
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