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Home My WebLink AboutSUB201300079 Correspondence 2013-06-03 Johnathan Newberry From: Harold Herz[hkhproperties @gmail.com] Sent: Tuesday, July 02, 2013 10:34 AM To: Johnathan Newberry Cc: Harold Herz; lila heymann Subject: Re: SUB201300079: Kuttner Subdivision JT see the attached letter stating our concerns. i am always available by phone to discuss, 434-996-2111. thank you- harold July 2, 2013 Dear Mr. Newberry We are writing to address the following development proposal: SUB201300079 Kuttner Final Plat . As the owners of the property bordering Mr. Kuttner's property, we have several concerns regarding this property development plan. The plan proposes to subdivide one lot into two with access from Rio Road East (State Road 631). This property development plan raises concerns in the areas of safety, environmental protection, critical slope planning and sewage planning. The area of Rio Road East on which this development plan is proposed is heavily trafficked and hazardously curvy. There are already regular vehicle collisions all along this stretch of road. The increase in traffic density that would be caused by Mr. Kuttner's development plan and the entrance and exit of vehicles to and from this property will increase the likelihood of collisions, thus threatening our safety as vehicles swerve onto our property, hitting our trees and generally endangering the property. Any increase in development along this portion of Rio Road East will heighten the probability of vehicle collisions. The proposed development on Mr Kuttner's property would veer traffic in the direction of our home and will decrease our levels of safety and enjoyment of the property. We have a meeting scheduled with Troy Austin of VDOT on July 8, 2013 to discuss our concerns. Mr. Kuttner's property development proposal will also negatively affect the delicate balance that is our critical slopes and flood plain plan. Development just above our property on Rio Road East will further increase erosion on our slope, an existent problem which we continuously battle. The slope stasis we have maintained would be drastically affected by the property development proposal of Mr. Kuttner. He currently does not properly maintain his trees or the critical slope levels on his property. This has already resulted in three incidents of poorly maintained trees falling onto the power lines which resulted each time in power outages. We believe that Mr. Kuttner's current lack of responsible tree maintenance is an indicator that he will continue to treat any new development on his property in a similarly neglectful manner. We have contacted Mark Hopkins at Community Development to discuss our concerns. The survey filed by Mr Kuttner shows our shed as being 7 inches over the property line. We dispute this survey and plan to show this structure has been part of our property for more than 40 years. This discrepancy will directly impact setback requirements. Finally, we were told that Mr. Kuttner received septic services on his property with no further development allowed. The septic services were granted only for use on one residential property. Because of major, well documented, sewage overflows which have occurred on our property in the last three years, we are understandably quite leery about the changes in sewer services proposed in Mr. Kuttner's development plan and oppose the special ordinances necessary to accommodate another building structure. The overflows which occurred on our property were severe and have been recorded by the Army Corps of Engineers, Rivanna Water and Sewer Authority, the Department of Game and Inland Fisheries and the Virginia Department of Health. For all these reasons, we oppose the property development plan proposed by Mr. Kuttner and request this subdivision application be called up by the Planning Commission at their next meeting on August 6. Thank you for your kind consideration in this matter. 2 Harold Herz and Lila Heymann Owners - 435 Rio Road East Charlottesville, VA Harold K. Herz HKH Properties PO Box 5787 Charlottesville, VA 22905 Phone: 434-996-2111 Fax: 540-301-6439 www.HKHProperties.com On Mon, Jul 1, 2013 at 6:43 PM, Johnathan Newberry<jnewberrv@albemarle.org>wrote: Mr. Herz, In going over my comments with my supervisor this afternoon, I was reminded that there is a process by which a member of the public can request this subdivision application to be reviewed by the Planning Commission. There would be a public hearing at their meeting on August 6th where you could voice your concerns. The Planning Commission could not deny the application without some finding that it violated part of the Code, but I wanted to let you know because I didn't mention it earlier today. Please include a statement in your letter if you would like for this application to be "called-up" to the Planning Commission. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 3 From: Johnathan Newberry Sent: Monday, July 01, 2013 11:42 AM To: 'Harold Herz' Subject: RE: SUB201300079: Kuttner Subdivision Here is the contact info for Troy: Troy Austin, P.E. Area Land Use Engineer Virginia Department of Transportation Land Development—South Culpeper District P.O. Box 1017 Troy, VA 22974 Phone: (434) 589-5871 Fax: (434) 589-3967 From: Harold Herz [mailto:hkhprooertiesC&amail.com] Sent: Friday, June 28, 2013 12:08 PM To: Johnathan Newberry Subject: Re: SUB201300079: Kuttner Subdivision Thank you JT. I appreciate you taking the time to discuss with me. I will be in touch on Monday. Harold K. Herz PO Box 5787 Charlottesville, VA 22905 434-996-2111 www.HKHProperties.com On Jun 28, 2013 12:07 PM, "Johnathan Newberry" <inewberrynalbemarle.org>wrote: Mr. Herz, 4 Please respond to this email with any comments/concerns about the proposed subdivision on Tax Map 61, Parcel 210B. I have placed a copy of the proposed plat at our front desk for your review. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 5