HomeMy WebLinkAboutSUB200800220 Review Comments No Submittal Type Selected 2008-09-19pF
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. Robert Coleman
c/o Residential Surveying Services
1214 Monticello Road
Charlottesville, VA 22902
Applicant: Mark Slezak
3567 Ballards Hill Mill Road
Free Union, VA 22940
E -mail: mslezak @hotmail.com
From: Patrick Lawrence, Planner
Phone # (434) 296 -5832 ext. 3297
E -mail: plawrence @albemarle.org
Re: SUB200800220 - Breakheart Road BLA TMP# 26 - 20A
Dear Mr. Coleman and Mr. Slezak,
I am unable to find any approval of the portion of Break Heart Road that provides access for your parcel to
Route 673. Therefore, I conclude that both Parcel T.M. 26 -20B and T.M. 26 -20A 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 both nonconforming lots more substantially conform to the
regulations as a result of the adjustment. In this case, Lot 35 will become more substantially conforming
because the acreage will go from 1.999 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 T.M. 26 -20A. Therefore, it 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
1
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."
Once the zoning issues listed above have been resolved, the Planner for the Zoning and Current Development
Division of the Albemarle County Department of Community Development will recommend approval of the
plat referred to above when the following items have been satisfactorily addressed. (The following comments
are those that have been identified at this time. Additional comments or conditions may be added or
eliminated bases upon further review.) [Each comment is preceded by the applicable reference to the
Albemarle County Code.]
1. [14- 302(A) 41 Private easements & [14- 302(A) 5] Public easements. Please show any
easements pertaining to this property.
2. [14- 302(A) 91 Building sites on proposed lots. The location, area and dimensions of a building
site on each proposed lot complying with the requirements of section 4.2 of the zoning
ordinance. The plat shall also contain the following note: "Parcel [letter or number] and the
residue of Tax Map /Parcel [numbers] each contain a building site that complies with section
4.2.1 of the Albemarle County Zoning Ordinance. "
3. [14- 302(A) 101 Right of further division of proposed lots. The number of lots, as assigned by
the subdivider, into which each proposed lot may be further divided by right pursuant to section
10.3.1 of the zoning ordinance, if applicable. The plat shall also contain the following note:
"Parcel [letter or number] is assigned [number] development rights and may /may not be further
divided and when further divided these rights shall not comprise more than [number] acres. The
residue of Tax Map /Parcel [numbers] is retaining [number] development rights and when
further divided it shall not consist of more than [number] acres."
4. [14- 302(A) 15] Identification of all owners and certain interest holders. Please show the
names and addresses of each owner of record and holders of any easements affecting the
property.
5. [14- 302(B) 7] Reservoir watershed; agricultural forestal district. Please show a notation as to
whether the land is within an Albemarle County and/or City of Charlottesville water supply
watershed or an agricultural - forestal district.
6. [14 -309] Soil evaluations. The subdivider shall submit to the agent with each final plat the
results of percolation tests or other methods of soil evaluation used to determine the suitability of
the soil for septic systems with conventional drain fields, if septic systems are proposed to be
used in the development of the subdivision, and the results are requested by the agent. These
results shall be forwarded by the agent to the health director.
7. [14 -310] Health director approval of individual private wells and/or septic systems. If
required as a condition of final plat approval, a final plat shall not be approved if individual
private wells are proposed for the subdivision until written approval has been received from the
health director by the agent. A final plat shall not be approved if septic systems are proposed for
the subdivision until written approval has been received from the health director by the agent.
8. [14 -400] Minimum lot requirements. Each lot within a subdivision shall satisfy the minimum
lot requirements established in the zoning ordinance.
Final tentative approval will be subject to the completion of these comments and the resolution of the access
to an approved private street issue.
2
If I may be of further assistance, please don't hesitate to call.
Sincerely,
J. Patrick Lawrence, Planner