HomeMy WebLinkAboutLOD202200008 Letter of Determination 2022-06-10�q pF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
�racrx�t'
June 10,2022
Peter Rooney
NVR Inc, (Ryan Homes)
1885 Seminole Trail
Charlottesville. VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
RE: LOD2022-00008 - Official Determination - De minimis Setback Encroachment (Parcel ID 045A0-00-00-
03000, 706 Empire Street Charlottesville, VA)
To Whom it may Concern:
You have provided us with a physical survey plat prepared by Roudabush, Gale & Associates Inc, dated 04-
27-2022 showing Lot 30, in the Berkmar Overlook. The plat (attached) shows that the dwelling on Parcel ID
045AO-00-00-03000 is located 4.70 feet from the Southern side property line. This is an encroachment of 0.3
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.
June 8, 2022
LOD2022-00007
Page 2
If you have any questions, please get in touch with me.
Sincerely,
4v--
Lisa D. Green
Manager of Code Compliance
Attachments:
• Attachment — Physical survey plat, dated 04-27-2022, showing Lot 30, Berkmar Overlook subdivision
showing setback encroachments