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HomeMy WebLinkAboutSUB202200147 Correspondence 2022-08-15From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Tuesday, July 26, 2022 12:08 PM To: Francis MacCall <FMACCALL@albemarle.org>; Kevin McCollum <kmccollum@albemarle.org> Cc: Tom Hogge <tomhogge@hotmail.com>; Virginia Landcraft <landcraft@embargmail.com>; Erin Micheletti <emicheletti@gmail.com>; CDD Inquiry <cddinquiry@albemarle.org> Subject: Questions re: WPOG Map vs. Plat Building/Septic Setback & Reserved Right of Way Hello Kevin, Francis and CCD, My wife and I recently purchased 2530 Lake Albemarle Rd. After walking the property with a surveyor, we have several questions, and are hoping you're the right people to contact. Attached to this email, you will find three documents: two plats (2003, 1990) and a Water Protection Ordinance Buffer worksheet (2022) from Albemarle Co. for Parcel ID 04100-00-00-065131, Lot 065B1, property TMP 41-65B1. Our questions are as follows: 1. Stream shown on plats (2003, 1990) does not exist. We are trying to determine why the plats (2003, 1990) show a creek/stream along the northern side of the property that does not exist. (This is separate from the existing pond/stream on the southern side). The addition of this 'creek/stream' on the northern side creates a 100 foot building and septic buffer area. This setback is not listed on the current County GIS/WPOB worksheet. -Since the plats are incorrect, what is the process for updating/correcting? -Which document (plat or WPOB map) has precedence for planning and permitting (Drain Field, Home, Well) purposes? 2. Reserved right of way. The plat shows a theoretical 50 ft reserved right of way. Our understanding is that the right of way only becomes 'real' if we subdivide the property, which we have no plans to do at present. Consequently, we're wondering how we should treat this theoretical right of way for planning and building purposes: -Can this right of way be retired or vacated outright? (If so, what is the process?) -If retired or vacated outright, does this affect the theoretical division rights? -Can it be retired now and brought back in the future in the same location if we decide to subdivide? -Can it be retired now and brought back in the future in a new location if we decide to subdivide? -Can it be moved now? -Can it be moved at a later date? Thank you so much for your time and guidance on these matters. Please feel free to call me (413-687-4086) to discuss over the phone if it's easier. On Mon, Aug 15, 2022 at 11:18 AM CDD Inquiry <cddinquiry@albemarle.org> wrote: Mr. Dabkowski, Good morning and thank you for your patience. First, in reference to the Water Protection Ordinance (WPO) buffer, you are correct that the recorded plat shows the buffer going further along the western property line of TMP 41-65131 than the Critical Resources Plan view in the County's GIS Web Viewer. The County Engineer (Frank Pohl), in a previous inquiry, stated that the WPO buffer shown in the County's GIS is correct for this parcel. Therefore, you should be able to get it changed through submission of a plat of vacation. If you only had that one change that needed to be made to the plat it would not require a fee but it would require that a plat of vacation be submitted to the Community Development Department (CDD) for review and approval prior to you recording the revised plat. Second, however you appear to also wish to vacate or change the "50' Reserved Right of Way' on the plat. That was dedicated to the County for future use as a public street. Therefore only the Board of Supervisors (BOS) can decide if the County will allow that future dedication to be vacated, or changed. The process in this case does require fees, and like the plat above it also required submittal to and review by CDD prior to it going before the BOS to decide whether it will be approved or not. Such a vacation would also require a deed of vacation. Third, in both these cases you would need to hire a licensed surveyor or engineer who is knowledgeable and experienced with Albemarle County's ordinances, regulations and requirements. They should be able to create the plat required for one or both of the times above and they should also be able to walk you through the process of application, fee, submission, review, etc. Fourth, a lawyer will also likely need to be hired in order to draft any deed of vacation. Fifth, although removing the "50' Reserved Right of Way" from the plat may not impact the "theoretical' Development Rights (DR) we cannot state it would not impact any future subdivision. Until a plat is submitted and reviewed CDD cannot state whether it could be divided or not Sixth, at this time, the "50'street" between TMP 41 B-01-6 and TMP 41-01-7, and the "50' Access Easement' adjacent to TMP 41-65B, are considered "private streets', since they are not part of the Public Road system (VDOT maintained). Any future street extension (in order to do additional divisions) would either have to be a "private street" (that requires the Planning Commission's approval) or the whole length of street (proposed and existing) to the existing public street would have to be upgraded (as needed) and brought into the VDOT public road system. If the PC did not approve a private street then a public street would be required (and all other ordinances, regulations and requirements would have to be met) before the parcel could be subdivided.