HomeMy WebLinkAboutLOD201100002 Letter of Determination 2013-03-26GE AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
April 28, 2011
Mr. Clifford H. Fox, Jr.
2280 Barrackside Farm
Charlottesville, VA 22901
Re: Clifford H. Fox, Jr. Property — By -right Development Determination
Unimproved Lot on Route 691, Jarman's Gap Road
Tax Map & Parcel # 056A1-01-00-046AO (the "Property")
Dear Mr. Fox:
This is in response to your March 21, 2011 request for a determination regarding "what
can be done by -right, without waivers, variances or legislative acts within the easement
area and if a site plan could be approved for buildings on the property without a
legislative act given the easement locations" for the above referenced Property.
This determination is based on review of the VDOT Jarman's Gap Road Easement Plat
copy you provided and the standards of the Downtown Crozet District (DCD) contained
in Section 20B of the Albemarle County zoning ordinance. Please be advised of the
following:
1. The DCD zoning district requires that buildings be no less than one (1) foot
from the front property line along the street and no more than ten (10) feet from
the front property line. An administrative modification or waiver can be
requested for a front setback of up to twenty (20) feet.
2. The permanent utility easement shown on the drawing you provided prohibits
development along the street frontage of this Property within a depth ranging
from approximately thirty-four (34) feet to forty (40) feet.
3. Based on this information, I know of no way to permit the construction of a
building on this site in accordance with the DCD district regulations without
rezoning the property to a zoning classification that has no maximum setback or
without seeking a hardship variance from the Board of Zoning Appeals. Neither
of these options can be guaranteed nor are they without cost.
Mr. Clifford H. Fox, Jr.
April 28, 2011
Page 2
I am closing this letter with our standard appeal language so that this determination can
be considered final if not appealed. If you have any further questions, please do not
hesitate to contact me.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not
file a timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning
Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for
public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.o[g/cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed
online at:.http://www.albemarle.org/countycodebza.
Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug-in is ava' e_at_the bottom of www.albemarle.org/cdapps.
Si erely,
R.o ald L. Higgins, A.I.C. .
Chief of Zoning/Deputy Zoning Administrator