HomeMy WebLinkAboutLOD202200013 Letter of Determination 2022-08-17�q pF AL8
County of Albemarle
m COMMUNITY DEVELOPMENT DEPARTMENT
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August 17, 2022
Joe Koshansky
Craig Builders
338 W Rio Road
Charlottesville, VA 22901
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone: 434- 29 6 - 5 832
WWW.ALBEMARLE.ORG
RE: LOD2022-00013 - Official Determination - De minimis Setback Encroachment (Parcel ID 055E0-01-22-
00500, 5473 Golf Dr. Crozet, VA 22932)
To Whom it may Concern:
You have provided us with a physical survey plat prepared by Kirk Hughes & Associates, dated 08-08-2022
showing Lot 5, Block 22 in Old Trail Village. The plat (attached) shows that the dwelling on Parcel ID 055E0-
01-22-00500 is located 4.0 feet from the southern property line. This is an encroachment of 1.0 foot, into the
5.0 foot required 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.
August 17, 2022
LOD2022-00013
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 08-08-2022, showing Lot 5, Block 22 in the Old Trail Village
Subdivision showing setback encroachments
NORTH
D.B. 5108, PG. 304, 308-B (PLAT)
LEGEND:
R/W
= RIGHT OF WAY
SBL
= SETBACK LINE
D.B.
= DEED BOOK
PG.
= PAGE
A/C
= AIR CONDITIONER
U/C
= UNDER CONSTRUCTION
SD/E
= SIGHT DISTANCE EASEMENT
D.B. 5108, PG.304 (PLAT)
WL/E = WATERLINE EASEMENT
D.B. 5108, PG.304 (PLAT)
LS/E = LANDSCAPE EASEMENT
D.B. 5108, PG.304 (PLAT)
15' VEPCO = 15' VEPCO EASEMENT
D.B. 5122, PG. 118, 124 (PLAT)
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NOTES:
THE UNDERSIGNED, BEING A LICENSED LAND SURVEYOR OF THE STATE OF VIRGINIA (LIC. NO.
1458) DOES HEREBY CERTIFY TO KATHERINE AND RICHARD SHELTON AS FOLLOWS:
1.) THIS PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH
THE "MINIMUM STANDARDS AND PROCEDURES FOR SURVEYS DETERMINING THE LOCATION OF
PHYSICAL IMPROVEMENTS° ADOPTED BY THE STATE OF VIRGINIA.
2.) THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND MAY
NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY SHOWN HEREON.
3.) THIS PLAT CORRECTLY SHOWS THE LOCATION OF ALL BUILDINGS, STRUCTURES AND
OTHER IMPROVEMENTS, IF ANY, SITUATED ON THE PROPERTY SHOWN HEREON.
4.) THE PROPERTY SHOWN HEREON IS A PORTION OF THE SAME PROPERTY CONVEYED TO
CRAIG ENTERPRISES, INC. BY DEED RECORDED IN DEED BOOK 5630, PAGE 702 AND AS
SHOWN ON PLAT RECORDED IN DEED BOOK 5108, PAGE 304 WITH PLAT BEGINNING AT PAGE
308-B.
5.) EXCEPT AS SHOWN HEREON, THERE ARE NO VISIBLE EASEMENTS, DISCREPANCIES,
CONFLICTS, FENCES, STREAMS, RIVERS, ROADS, OR RIGHTS OF WAY OF WHICH THE
UNDERSIGNED HAS BEEN ADVISED.
6.) PROPERTY LIES WITHIN FLOOD ZONE "X"; NOT A F.E.M.A. DEFINED 100-YEAR
FLOODPLAIN.
7.) PROPERTY SUBJECT TO:
A.) THE DECLARATION OF COVENANTS AND RESTRICTIONS OF OLD TRAIL RECORDED IN DEED
BOOK 2887, PAGE 336 AND ALL AMENDMENTS THERETO.
8.) PROPERTY MAY BE SUBJECT TO ADDITIONAL RESTRICTIONS OF RECORD.
9.) TAX MAP AND PARCEL ID: 055E0-01-22-00500.
10.) PROPERTY CORNERS TO BE SET UPON FINAL LOT GRADING.
9 e1 TH OF
O vrp PHYSICAL SURVEY
LOT 5
UG.V. "KIRK" HUGHESBLOCK 22
LIC. N0. 1458 OLD TRAIL VILLAGE
z / IC4 SURVEg0 WHITE HALL MAGISTERIAL DISTRICT
PDecN ALBEMARLE COUNT(, VIRGINIA
AUGUST 8, 2022
AUGUST 12, 2022 (REVISED)
AUGUST 16, 2022 (REVISED)
SCALE: 1 " = 10'
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VPR\Pg �W
pRN PSE
/ 10' 0 10' 20' 30 FEET
KIRK HUGHES
SURVEYORS
&ASSOCIATES
LAND SURVEYORS AND PLANNERS
w+DR 220 EAST HIGH STREET
CHARLOTTESVILLE, VA. 22902
(434) 296-6942
FILE: 2021-198, W.O. 2022-129
\OLD TRIAL TOWNHOMES\BLOCK 22\LOT-05\OTTH 22 LOT 05.DWG
PLOTTED: 8/8/2021