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HomeMy WebLinkAboutSUB201000098 Review Comments Waiver, variation or substitution requirement 2010-09-03�• _� �I'�i111r ©0 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 September 2, 2010 Mr. P. Timothy Stanley, Jr. Stanley Land Surveys, PLC PO Box 254 Palmyra, VA 22963 -0154 RE: Tax Map 63, Parcel 43 Dear Mr. Stanley, You have submitted a request for waiver of the requirements for a single point of access for a possible division of the above referenced parcel. This access regulation and waiver criteria are found in Chapter 14, Section 404 of the Albemarle County Code. In order to approve the waiver the following findings must be met: In approving a waiver, the agent shall find that requiring the extension 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, and to the land adjacent thereto. It is my opinion that requiring a single point of access would not serve the public interest for the following reasons: i. To access the proposed lot from the existing entrance /driveway two stream crossings that are both subject to the Water Protection Ordinance would be required. Preserving the integrity of the WPO buffer furthers the public interest. ii. Critical slopes surround the proposed building site along the proposed shared property line; to provide a single point of access critical slopes disturbance would be required. Eliminating the need to disturb critical slopes furthers the public interest. iii. Requiring a single point of access would require a new driveway to divide fields currently used for agricultural purposes. Preserving agricultural lands furthers the public interest. iv. If only one access were provided the driveway /private street serving the new lot would be substantially longer than if separate entrances are used. Reducing land disturbance furthers the public interest, and use of shorter driveways is consistent with sound engineering practices. The intent of the single point of access is to minimize the number of entrances along a street and thereby improve safety along public streets. VDOT has reviewed this request and has issued an entrance permit for the proposed lot. It is my opinion that using two accesses would be consistent with the orderly development of the property. No adverse impact on adjacent property is anticipated due to the use of two access points. On behalf of the Agent, I am hereby approving the waiver. If you have any questions please feel free to contact me, 434 - 296 -5832 x 3432. Sincerely, Elizabeth M. Marotta Senior Planner