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HomeMy WebLinkAboutSUB201300028 Request of Modification, Variance, Waiver 2013-04-23OF ALB �'tRGIi`�P 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 23, 2013 Louis J. Lopez 300 2" d Street NE Charlottesville VA 22902 RE: Tax Map Parcels 061A0- 00 -00- 00200, 061A0- 01- 00- 034A0, and 061AO- 01- 00 -034BO (404 Waiver) Dear Mr. Lopez, You have submitted a request for waiver of the requirements for a single point of access for a possible division of the above referenced parcels. 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. As proposed Lots 15 -20 front State Route 1483 (Vegas Court) and help to visually complete an undeveloped portion of the Rio Heights Neighborhood with compatible infill development. As proposed Lots 15 -20 have no vehicular access to the Lochlyn Hill Neighborhood, rather access is provided through Vegas Court. If all the lots in the Lochlyn Hill subdivision were to access one street developed at the time of the subdivision the proposed lots would have double frontage on Vegas Court and the proposed internal road (Road A). Notably the rear of the homes for these lots would face Vegas Court and it is conceivable that this would result in fences being put up along the frontage of Vegas Court causing unsightly views for existing Rio Heights residents and causing a disconnect between the neighborhoods. As a representative of the Agent, it is my opinion that the request meets the requirements for granting the waiver in accordance with 14 -404 (D)(2)(ii) which states that the construction of a single point of access would substantially impact features existing on the property prior to October 14, 2009. It is also my opinion that the proposal is consistent with the orderly development of the area and no adverse impact on adjacent property is anticipated, and therefore the waiver is granted. If you have any questions or would like additional information please feel free to contact me. Sincerely, Christopher P. Perez Senior Planner 0 April 15, 2013 nulestone Christopher Perez Albemarle County— Community Development 410 McIntire Road Charlottesville, VA 22902 RE: Lochlyn Hill Preliminary Subdivision Plat — 404 Waiver Dear Chris: Thank you for your review of the Lochlyn Hill Preliminary Subdivision Plat. This letter is being provided as the formal 404 Waiver Request per Albemarle County Zoning Code Chapter 14 - Section 404. We respectfully request the waiver of the Single Point of Access Requirement for lots 15 -20 as shown on the Phase 1 Preliminary Subdivision Plat dated 4/15/13. These lots are to be accessed via the Rio Heights Neighborhood along. the existing street Vegas Court. No vehicular access is provided to the Lochlyn Hill Neighborhood. However, an emergency access (blocked by bollards) is provided adjacent to lot 20 and will also allow for pedestrian access. Sidewalks will be provided in front of lots 15 -20 as shown on the plan. The waiver of the connection from Vegas Court to Road A has been previously discussed with Staff and VDOT and the pre - application meeting and was agreed not to be a necessary requirement since all roads lead to the intersection of Penn Park Lane and Rio Road. Please don't hesitate to contact me with any questions: 434.245.5803 — work Ilooez @milestonepartners.co - email Very truly yours, Louis J. Lopez III 300 2nd Street we, Charlottesville va 22902 T 434.245.5805 1 r 866.948.7684