HomeMy WebLinkAboutSUB200800205 Review Comments Waiver, variation or substitution requirement 2008-09-15A'7a
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
To: Elizabeth Marotta, Senior Planner
From: Phil Custer, Engineering Review
Subject: SUB- 2008 -00205 Morris Subdivision; 14 -404 Waiver Request
Date received: 25 August 2008
Date of Comment: 15 September 2008
The applicant has requested a waiver of Section 14 -404 of the Albemarle County Subdivision
Ordinance for the subdivision of TMP 26 -49.
Subsection 14 -404.A of the Ordinance states that "Each lot ... shall have reasonable access to the
building site from only one street, shared driveway or alley established at the same time as the
subdivision; provided that a lot may be located so that its driveway enters only onto a public street
abutting the subdivision if: (i) the commission grants a waiver under subsection (C); (ii) the
subdivider obtains entrance permit from VDOT for the access; (iii) the entrance complies with the
design standards set forth in sections 14- 404(F) and 14 -404 (G); and (iv) the subdivider
demonstrates to the agent prior to the approval of the final plat that the waiver does not violate any
covenants to be recorded for the subdivision."
Subsection 14 -404.0 of the Ordinance provides for the waiver of Section 14 -404 if "(ii) because of
unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the subdivider, strict application of the applicable
requirements would result in significant degradation of the property... In approving a waiver, the
commission shall find that requiring the standard would not forward the purposes of this chapter or
otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices..."
Engineering Analysis of the waiver request per County Code section 14 -404:
The current proposal is a front and back subdivision on Break Heart Road two miles north of
White Hall. Rather than sharing one access point onto Break Heart Road for this subdivision, the
applicant is requesting a waiver citing the construction of the shared driveway as the primary
factor. After walking the property, the parcel does not appear to possess unusual size, topography,
shape, or any other condition that would result in significant degradation to the property if the
standard was required. In fact, the connection between the existing house and the access easement
would likely not require any grading. The only notable site condition that could have an effect on
the lot accesses is the existing fenced horse pasture on the NW corner of the property.
Both the existing driveway and the proposed location of the access easement appear to have
Albemarle County Community Development
SUB - 2008 -00099 Waiver Request
Sheet 2 of 2
adequate sight distance.
Engineering review does not recommend approval to this waiver request because it does not
appear to meet some of the technical conditions stated in the ordinance. If the Planning
Commission decides to grant a waiver of Section 14 -404, engineering review requests that a
critical slope waiver also be granted because the location of the proposed access easement would
necessitate disturbance of a critical slope when the driveway for Lot 2 is constructed.
File: El wvr PBC 2008 -00205 Morris Subdivision.doc