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HomeMy WebLinkAboutSUB200800179 Review Comments No Submittal Type Selected 2008-07-25ALg�,�� �'IRGINZ� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 July 28, 2008 Mr. Steve Garrett Commonwealth Land Surveying, LLC 3042D Berkmar Drive Charlottesville, VA 22901 -0000 RE: SUB - 200800179 - Hyland BLA Dear Mr. Garrett: This letter is to notify you that the above referenced subdivision application has been denied. The subject parcels are nonconforming lots. They do not provide the required frontage as required by Section 4.6.1 of Chapter 14 of the Albemarle County Code and may not meet other ordinance requirements. Below, staff has provided comments based on the applicable sections from Chapter 18 Section 6.4 of the Albemarle County Code, which addresses nonconforming lots. (Staff comments in italics.) Sec. 6.4 Nonconforming lots. C. Division, combination, or adjustment of boundary line of nonconforming lot authorized. A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: 1. The resulting lot or lots comply with the requirements applicable to the district in which the lot is located and all other applicable requirements of the Albemarle County Code; or 2. In the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code. STAFF COMMENT: The resulting lots do not conform to the ordinance; they do not have adequate frontage. Based on the information provided, the Zoning Administrator has determined that the proposed boundary line adjustment would not result in lot(s) more substantially in conformance with the Albemarle County Code. If you can provide additional information which would allow the Zoning Administrator to find the boundary line adjustment would result in a lot or lots that more substantially conform, your application may be reconsidered. Due to the substantial issue of compliance with the Zoning Ordinance, staff has not reviewed the proposed plat for conformance with other codes and requirements. Please note that this action to deny this application is subject to the provisions of Albemarle County Code Sections 219 and 226 (copies attached). In brief these sections provide the applicant with fifteen (15) days to resubmit (with a resubmittal fee). If not resubmittal is made within 15 days the denial becomes permanent and any resubmittal will be treated as a new application. The ordinance also provides you with opportunities to appeal this action. Please contact William D. Fritz at 296 -5832 x3242 if you have any questions or require additional information. Sincerely, William D. Fritz, AICP Chief of Current Development File: SUB - 200800179 Cc: Christopher Hyland 14 -M Laurel Hill Road Greenbelt, MD 20770 2 14 -219 Review and action on preliminary plat by agent. The agent shall review and act on a preliminary plat as follows: A. The agent shall review the preliminary plat for compliance with the requirements of this chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal. The agent shall consider the recommendations of the site review committee and any statement by the subdivider submitted pursuant to section 14- 217(D). The agent also may consider any other evidence pertaining to the compliance of the preliminary plat with the technical requirements of this chapter as deemed necessary for a proper review of the plat. B. The agent shall formulate an action or recommendation. If the agent determines that the preliminary plat complies with the requirements of this chapter, he shall approve the preliminary plat and promptly issue a letter to the subdivider stating the conditions which must be satisfied prior to submittal of the final plat. If the agent determines that the preliminary plat does not comply with the requirements of this chapter, he shall disapprove the preliminary plat and promptly inform the subdivider of the disapproval as provided in paragraph (C). C. A notice of disapproval shall state the reasons for disapproval by identifying the plat's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the preliminary plat. The agent shall either mail a written notice of disapproval by first class mail, or personally deliver it, to the subdivider. Within fifteen (15) days after the date the notice of disapproval was mailed or delivered, the subdivider may resubmit the preliminary plat together with payment of a fee for the reinstatement of review. The date of the next application deadline following the resubmittal of the preliminary plat shall be deemed to be the date upon which the preliminary plat was officially submitted. If the subdivider fails to timely resubmit the preliminary plat, the preliminary plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of the preliminary plat. D. If review of a preliminary plat by the commission is permitted, the agent shall not act on the plat until the deadline for requesting commission review of the plat has passed. (§ 18 -13, 9 -5 -96, 12- 21 -83; § 18 -47 (part), 9 -5 -96, 8 -28 -74 (§ 7); § 18 -48, 9 -5 -96, 8 -28 -74 (§ 7); 1988 Code, §§ 18 -13, 18 -47, 18 -48; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05) State law reference --Va. Code §§ 15.2- 2241(9), 15.2 -2259, 15.2 -2260. 14 -226 Appeal of disapproval of preliminary or final plat; resubmittal. If a preliminary or final plat is disapproved by the agent or the commission: A. Judicial review. It may be subject to judicial review as provided in Virginia Code §§ 15.2- 2259(C) and 15.2- 2260(E). B. Appeal to board of supervisors. In the alternative and in addition to seeking judicial review, and at the sole option of the subdivider, the subdivider may appeal the disapproval to the board of supervisors. The appeal shall be in writing and be filed with the agent within ten (10) days of the date of the disapproval. The board may affirm, reverse, or modify in whole or in part, the disapproval. In so doing, the board shall give due consideration to the recommendations of the agent, the site review committee or the commission. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. C. Resubmittal. In the alternative and in addition to seeking judicial review, and at the sole option of the subdivider, the subdivider may resubmit the plat after it has been modified or corrected to address the deficiencies identified by the agent or the commission. The modified or corrected plat shall be resubmitted to the agent within thirty (30) days' of the date of the disapproval. The agent or the commission, as the case may be, shall act on the resubmitted plat within forty -five (45) days after the date it was resubmitted. If the resubmitted plat is disapproved, the subdivider may seek judicial review, appeal the disapproval to the board of supervisors, or resubmit a modified or corrected plat as provided herein. (9 -5 -96, 11 -4 -82, 11 -3 -82; 1988 Code, § 18 -4; Ord. 98 -A(1), 7- 15 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20-05) State law reference --Va. Code §§ 15.2- 2241(9), 15.2 -2259, 15.2 -2260.