HomeMy WebLinkAboutVA200800004 Action Letter 2008-06-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
June 25, 2008
Bryan and Marcey Hammon
2075 Avalon Way
Crozet, VA 22932
Re: Official Determination - VA 2008-004 Variance (132008-946 AR) for proposed
garage addition to home
Dear Mr. and Ms. Hammon:
This is to confirm in writing what I have discussed with Mr. Hammon by telephone. This
is also an official determination that will render the variance application moot. Based on
the attached survey by Kirk Hughes & Associates, Land Surveyors & Planners, the
proposed garage addition may be built in accordance with the Albemarle County Zoning
Ordinance without the necessity of a variance for setback.
As a result of further discussion with the aid of Mr. Hughes' plat, we have found that
Section 4.6.3 of the Ordinance will allow the garage to be constructed as proposed.
The Ordinance allows an attached garage/primary structure to be located as close as
six (6) feet from the edge of the shared easement and the plat shows that it will be 15
feet away. While this provision was established for more dense residential
development, it also applies to properties zoned Rural Areas such as yours.
4.6.3 LOTS AND YARDS ADJACENT TO STREETS, ALLEYS AND SHARED
DRIVEWAYS
Lots and yards adjacent to streets, alleys and shared driveways are subject to the
following:
a. Front yards of the depth required in the district shall be provided across the full width
of the lot adjacent to the public street or private road. The depth of a required front yard
shall be measured from the right-of-way line of the public street or private road so that the
building line is equidistant from the public street or private road right-of-way at all points.
Areas in parking bays shall not be considered as part of the public street or private road
for purposes of determining front yard setback. In addition, if a shared driveway traverses
a front yard, each primary structure also shall be located at least ten (10) feet from the
edge of the shared driveway easement; if a shared driveway is concurrent with the
shared lot line of the lots served by the shared driveway, each primary structure
also shall be located at least six (6) feet from the edge of the shared driveway
easement. (Amended 7-1-81, 2-6-02) (emphasis added)
Bryan and Marcey Hammon
June 25, 2008
Page 2
appreciate your patience as we looked into this matter and in waiting to receive my
letter. I apologize for any confusion from the BZA's action to defer your variance. They
wanted to assure your rights to continue with your application in the event the zoning
determination did not provide the setback you needed. If you have any questions,
please do not hesitate to contact me. In order that this may become a final decision
upon which you may rely, this letter will include the standard appeal language.
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 $120. The date notice of this determination was given is the same as the
date of this letter.
Good luck with your construction project.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
cc: VA 2008-004 File
Sherri Proctor, Permit Planner
CURVE TAB LE
NUMBER DELTA ANGLE CHORD DIRECTION ITANGENT I RADIUS JARC LENGTH I CHORD LENGTH
LOT 26 C1 26'42'55" N 20'03'32" E 167.37 1283.70 1132.28 1131.09
T.M.P. 39-
21Z /
Ix LOT 28
I, LOT 27 T.M.P. 39-21Z2
T.M.P. 39-21Z1 DB 1964-119 PLAT FROM PT'S. A-B
20' INGRESS &EGRESS
� cULvfRr—k ^ G EASEMENT SERVING LOTS
/ \
29
CUL''✓fRTS, �`��
m (j - � -CULVERT
/ Q'
L9——
LOT 25\ /¢�_ coLVERT T.M.P. 39-21Y I 1 CULVERT PARCEL "X" \ _ (10—
1 �i tr CULV 2— _ _ - C-5 13 Q
IRF ✓ _ _ _ \ \ E PARCEL 'Y'
T.M.P. 39-2123 \ v'— L1� IRF
A BRYAN T. HAMMON & MARCEY L. DODD
/ / loo' coNsERvAnoN & SEPTIC SETBACK OB 3511-124 7 \ m �� LEGEND
/ I D.B. 1054, PG. 492 IRF=IRON FOUND
15' VEPCO EASEMENT / /S / / LOT 29 DB=DEED BOOK
D.B. 1084, PG. ns / 5.434 ACRES — NS=NAIL SET
1 100' DB 1964-114 PLATT/ ` ?J T.M.P.=TAX MAP PARCEL
LOT 24 SETBACK UNE ti°�.R�ry� \
T.M.P. 39-21X 1" 1
1—SWK NE— o3 =�
13 S 85'D6'09" W 967.29'
1 IRF ?G�
1 1 ; L07 30 20' INGRESS &EGRESS EASEMENT
T.M.P. 39-21Z4
OB 1054-502 PLAT Q4
Q p SERVING T.M.P. 39-19 Cb"
500 t 70
SADDLEBACK
DRIVE 24'
LINE TABLE PROPOSED GARAGE ADDITION LAYOUT
ry PROPOSED GARAGE ADDITION
DETAIL
1"=20'
NO.
DIRECTION
DISTANCE
L1
S 56'35'00" E
50.00'
1-2
N 70'36'29" E
162.82'
1-3
N 55'20'07" E
72.05'
1-4
N 41'22'13" E
42.22'
1-5
N 5628'51' E
113.75'
L6
S 54-18-18' E
48.20'
L7
S 74'25'46" E
61.81'
L8
N 73'02'59" E
48.13'
L9
N 79'01'34" E
86.05'
L10
N 7T 10130" W
197.60'
L11
S 88'22'56" W
163.19'
L13
N 33'25'00" E
94.28'
LOT 29
/ EMERALD RIDGE
WHITE HALL DISTRICT
ALBEMARLE CO., VIRGINIA
TH OF D
MAY 12, 2008
l�
SCALE: 1 "=100'
PREPARED FOR: BRYAN T. HAMMON & MARCEY L. DODD
UG.V. lCIRK" HUGHES9
LIC. NO.1458
KIRK HUGHES & ASSOCIATES
LAND SURVEYORS & PLANNERS
220 EAST HIGH STREET
t9NO SUR�E
CHARLOTTESVILLE, VA 22902
(434) 296-6942
FILE: 2000-054, 2007-136-02.DWG