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Home My WebLink AboutLOD202200007 Letter of Determination 2022-06-08�q pF AL8 County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT �racrx�t' June 8, 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: LOD2022-00007 - Official Determination - De minimis Setback Encroachment (Parcel ID 076E-01-00- 02900, 934 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- 18-2022 showing Lot 29, Phase II in the Hyland Park Subdivision. The plat (attached) shows that the dwelling on Parcel ID 076E-01-00-02900 is located 4.90 feet from the western side property line and 4.90 feet from the eastern side property line. This is an encroachment of 0.1 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. NOTE: This is the second de minimis letter within a month for Evergreen Builders. There will be no further letters approved for de minimis for Evergreen Builders. Setback encroachments will need to be addressed via physical construction adjustments or boundary line adjustments approved with a submitted subdivision application. 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. June 8, 2022 LOD2022-00007 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 05-18-2022, showing Lot 29, Phase II in the Hyland Park Subdivision showing setback encroachments TMP 78E-1-30 LOT 30 rlvl1lm OF 1% BRIAN D J ANISONhw1 vl/� z No. 3334 bs-i8 zz \ 9N0 SUR`1i\� i C1 A=21.73' / R=60.50' B=N 73'23'48" W C=21.61' D=20'34'32" / TMP 78A-4-E OPEN SPACE VAR, WIDTH WALL--• MAINTENANCE ESM•T 714 --- TAP 7BE-1-29 LOT 29 _ 0.177 AC v FOUNDATION WALLS ONLY 22.0__ ---,i- 13.0'� \-' m \ CIR \ N I 5 5J Cl N 63'0672- I 35.26' TMP 78E-1-28 LOT 28 265'+1- TO BELLUNO LANE BELLUNO COURT (54' PUBLIC RIGHT-OF-WAY) NOTES 1. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON. 2. THIS PLAT HAS BEEN PREPARED FROM AN ACTUAL SURVEY COMPLETED FEBRUARY 15, 2022, USING MONUMENTS FOUND TO EXIST AT THE TIME OF THIS SURVEY. 3. ALL EASEMENTS RECORDED IN DB 5450 PG 100 UNLESS OTHERWISE NOTED. 4. 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. 5. STRUCTURE IS INCOMPLETE. DIMENSIONS ARE FROM EXTERIOR OF FOUNDATION WALLS. 6. SUBJECT PARCEL IS ZONED R4 WITH PROFFER (ZMA 04-18) 7. SETBACKS: FRONT - 18'MIN (FRONT LOAD GARAGE), FRONT - 25'MAX, SIDE - 10', REAR - 20' 8. OVERHANGS ADDED FROM SURVEY COMPLETED ON MAY 12, 2022 TAX MAP PARCEL: 7BE-1-29 OWNER: EVERGREEN HOME BUILDERS LLC 1147 RIVER RD STE 4 CHARLOTTESVILLE VA, 22901 SOURCE OF TITLE: INST. #202200000319 (TITLE) DB 5460 PG 100 (SUED) DB 5166 PG 757 (SUED) REV' 03-25 2022 FOUNDATION SURVEY TAX MAP%SE-� PARCEL 29 LOT 29, PHASE II HYLAND PARK SUBDIVISION RIVANNA MAGISTERIAL DISTRICT, ALBEMARLE COUNTY, VIRGINIA ROL U DALE & ASSOC., INC. REV: 05.18.2022 REV: �, A PROFESSIONAL CORPORATION SERVING VIRGINIA SINCE 1956 PNrsIc+L NnLNc MSEMNO ST SE a]5 r.&IN.WNtWMrt$p. $UIIE]W159 CN OrTE9LUNA zzsoz CHN TrEWMEVA mre PN E4Ni WTWM WWWr MBISHf REV SCALE: V = 2D 21.2708 HE: 7867 SHEET: 010E 01