HomeMy WebLinkAboutSUB200800186 Review Comments No Submittal Type Selected 2008-10-20pF
G.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
Date: October 15, 2008
To: Mr. Steven L. Key
P.O. Box1346
Charlottesville, VA 22902
E -mail: keyls@aol.com
Owner: John W. Smith or Emily W. Chewning
5027 Windrows Farm Lane
Barboursville, VA 22923
From: Patrick Lawrence, Planner
E -mail plawrence @albemarle.org
Re: SUB200800187 - Cismont Cottages BLA TMP# 65 - 113
SUB200800186 - Cismont Cottages BLA TMP# 66 - 5
Dear Mr. Key,
I am unable to approve either of the above listed applications and therefore deny both applications for the
following Albemarle County Code Section:
SUB200800187 Boundary Line Adjustment:
Being a plat of the proposed addition of TMP# 65 -113, 0.613 acres, to TMP# 65 -114, 1.27 acres, dated
May 6, 2003 is hereby denied. This decision is based upon the 4 foot encroachment of a structure situated
on the adjoining property TMP# 65 -112A and shown on the plat. Section 14 -400 Minimum Lot
Requirements of the County Code states,
"Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning
ordinance. "
Section 10.4 Area and Bulk Regulations requires a 25 foot side yard building set back in the RA (Rural
Area) zoning district. By the addition of the proposed 0.613 acres a non - complying lot is created by
eliminating the required 25 foot side yard building setback. Approval of a boundary line adjustment cannot
be granted with an existing non - complying condition on one of the parcels to be joined.
SUB200800186 Boundary Line Adjustment:
Being a plat of TM &P #s 66 -5 Lot 5, 65 -115, 65 -115 Lot 3, 65 -115 Lot 9, 65 -115 Lot 4 and the
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combinations of those parcels to proposed Parcels "B ", "C ", "D ", and part of TMP# 65 -120 is hereby
denied as shown.
I am unable to find any approval of the two private roads to provide access for parcels "B ", "C", "D" and
part of TMP# 65 -120 to Route 22. Therefore, I conclude that proposed parcels "B ", "C", "D" and part of
TMP# 65 -120 are nonconforming because they do not have frontage on an approved private street or on a
public street as required by section 10.4. We can approve a boundary adjustment only if nonconforming
lots more substantially conform to the regulations as a result of the adjustment.
In this case, Lot "A" will remain a pre- existing non - conforming lot. Lot `B" will become more
substantially conforming because the acreage will increase to more than 2.0, the minimum lot size in the
RA district. However, the adjustment will have no effect on the nonconforming status of the lots listed
above.
Therefore, parcels "B ", "C", "D" and part of TMP# 65 -120 can not be approved administratively per
section 6.C.2 of the Zoning Ordinance. Approval of this boundary line adjustment would require, among
other things, approval of the Board of Zoning Appeals of a variance. Section 6.C.2 is provided below.
"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."
If I may be of further assistance, please don't hesitate to call.
Sincerely,
J. Patrick Lawrence, Planner
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