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Home My WebLink AboutLOD202200006 Letter of Determination 2022-05-13�q pF AL8 County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT �racrx�t' May 13, 2022 Jessica Brandt Evergreen Homebuilders, LLC 1147 River Road Suite 4 Charlottesville, VA 22901 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434- 29 6 - 5 832 WWW.ALBEMARLE.ORG RE: LOD2022-00006 - Official Determination - De minimis Setback Encroachment (Parcel ID 076E-01-00- 02100, 546 Belluno Lane Charlottesville, VA) To Whom it may Concern: You have provided us with a physical survey plat prepared by Roudabush, Gale & Associates Inc, dated 05- 03-2022 showing Lot 21, Phase II in the Hyland Park Subdivision. The plat (attached) shows that the dwelling on Parcel ID 076E-01-00-02100 is located 4.80 feet from the western side property line and 4.90 feet from the eastern side property line. This is an encroachment of 0.2 feet and 0.1 feet, respectively, into the 5.0 foot required side yard setback. While this setback encroachment violates the Zoning Ordinance, it is negligible. The error appears to be unintentional. We understand that the construction of this structure received the proper approvals from the County. The County does not pursue enforcement actions for discrepancies in these amounts because they are de minimis. If you wish or your financial institution requires it, you may request a variance from the Board of Zoning Appeals. The Board of Zoning Appeals decides whether to grant the variance. Determining de minimis setback encroachment has been a consistent administrative practice by the Zoning Division. However, should encroachments become frequent events with any one owner or builder, we may find it necessary to pursue those based on repeat violations. You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. This determination shall be final and unappealable if not appealed within 30 days. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Albemarle County Code & 18-34.3, along with a fee of $295.36. This fee includes the $284 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of $448 is required to provide notice and advertise the appeal for a public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Community Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902, or online HERE. This form applies to the appeal of a decision of the Zoning Administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to filing an appeal to the Board of Zoning Appeals are in Chapter 18, Section 34.3 of the Zoning Ordinance and may be reviewed HERE. Please note that our online documents are in PDF format and must be viewed with a PDF reader. A link to download a PDF reader of your choice is available at the bottom of the page HERE. May 13, 2022 LOD2022-00006 Page 2 If you have any questions, please get in touch with me. Sincerely, Francis H. MacCall Chief of Zoning/Deputy Zoning Administrator Attachments: • Attachment — Physical survey plat, dated 05-03-2022, showing Lot 21, Phase II in the Hyland Park Subdivision showing setback encroachments BELLUNO LANE _ (54' PUBLIC 410'+/- TO RIGHT-OF-WAY) WA FLORENCE ROAD II II I TMP 7BE-1-20 LOT 20 N/F HOW CHAD A & SUSANNA F HOYT �i �I — — INSTR# 202200002557 — — — — — — — 'C mmd,HERc.wKrERs / I N .2492 oj-,L, CW f �-_PAVED _1O Q W HP�T - 23.0' W NP�-j #546 Ai J 2-STORY FRAME 3"0 SLAB -ON -GRADE W TMP 78E221-22 fro, ° N TSTP 78E-1-21 N/F OCHSMAN, MICHAEL P & N O CM in LOT 21 WILLIAM S BURAK: TRS OF THE a STEVEN J OCHSMAN TRUST 01 1 R 0 0, 159 AC iO m DB 5649 PG 289 CONC. PATIO S SSMH CO v'Sd IMP 7BA-4-H OPEN SPACE N/F ASHCROFT NEIGHBORHOOD ASSOCIATION I DB 1581 PG 264 NOTES: 1. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL FIELD SURVEY DONE AS PER THE DATE OF THIS PLAT USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 3. THE AREA SHOWN HEREON IS LOCATED IN ZONE "X" AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN AS SHOWN ON FEMA MAP NO 51003CO295D. EFFECTIVE DATE FEBRUARY 4, 2005. THIS DETERMINATION HAS BEEN MADE BY GRAPHIC METHODS. NO ELEVATION STUDY HAS BEEN PERFORMED AS A PORTION OF THIS PROJECT. 4. THE PARCELS SHOWN ARE SERVICED BY PUBLIC WATER AND SEWER. 5. ALL EASEMENTS RECORDED IN OB 5460 PG 81 UNLESS OTHERWISE NOTED, 6. SUBJECT PARCEL IS ZONED R4 WITH PROFFERS (ZMA 2004-18, ZMA 2011-1. ZMA 2019-7) 7. SETBACKS: FRONT - 5' MIN. (SIDE LOAD GARAGE), 18' MIN. (FRONT LOAD GARAGE), 25' MAX, SIDE - 5', REAR - 20' 8. DISTANCE TIES ARE FROM THE EDGE OF THE OVERHANG TO THE PROPERTY LINES. LEGEND: CO SANITARY CLEANOUT CW CONCRETE WALK DI DRAINAGE INLET ET ELECTRIC TRANSFORMER GM GAS METER HP HEAT PUMP IF IRON PIN FOUND LP LAMP POST PD UTILITY PEDESTAL RW RETAINING WALL SBL SETBACK LINE SSMH SANITARY SEWER MANHOLE UV UTILITY VAULT WM WATER METER TAX MAP PARCEL: 78E-1-21 OWNER: EVERGREEN HOME BUILDERS LLC 1147 RIVER RD SUITE 4 CHARLOTTESVILLE VA, 22901 SOURCE OF TITLE: DB 5650 PG 513 (TITLE) DB 5460 PG 81 (SUED) DB 5166 PG 757 (SUED 0 20 0 60 05-03-2022 PHYSICAL SURVEY ROUDABUSH, GALE & ASSOC., IN_C. 7SE-1 PARCEL 21 m TAX MAP q PROFESSIONAL CORPORATION LOT 21, PHASE II SERVING VIRGINIA SINCE 1956 V V=201 HYLAND PARK SUBDIVISION 212702 RIVANNA MAGISTERIAL DISTRICT, -9 sLcom9sl se ,,. n,u,n,•..n'll 1e Udw �u..... 7 7 ALBEMARLE COUNTY, VIRGINIA D,MIOOLbMUL VA rJl) 01 OF 01 PREPAREOFOREVERGREENS"ER5 0.ViGAITMPROJI7087 Fontana Phase 4CISURVEYIGWGWHYSICALO807 HIGHIAND PARK Lot 21 PS.Eo9. 21