HomeMy WebLinkAboutLOD201300024 Letter of Determination 2013-12-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
December 16, 2013
J. Page Williams
Feil, Pettit & Williams, PLC
P.O. Box 2057
Charlottesville, VA 22902
Re: Collett M. Thach Trust and Edith C. Thach Trust (the "Trusts")
Subterranean Easement to Rivanna Water and Sewer Authority ("RWSA") (LOD
2013-024) — Advisory Opinion
Dear Mr. Williams,
This advisory opinion is in response to the application you filed (LOD 2013-024). You
are requesting that we confirm that future construction and current and future location of
improvements above and within the area of the proposed subterranean easement would
not be objectionable in the view of Albemarle County officials.
I have been advised that this information must be provided as an advisory opinion
rather than an official determination. If a zoning violation is not the issue, there must be
some application pending for specific relief that triggers the zoning administrator's need
to make an official determination. Lilly v. Caroline County, 259 Va. 291, 298, 526 S.E.2d
743, 746 (2000).
Section 4.11.3 A (4) and 4.11.3 B (3) relate to building separation and side yard
reductions for residential primary structures not within zero lot line development and
within zero lot line development, respectively. It appears that these regulations are
theoretically subject to variance by the Board of Zoning Appeals. Variances are subject
to strict Virginia Code criteria and staff suggests that one should not count on receiving
approval. Therefore, residential development over the easement in cases where
reductions are sought in residential building separation or side yard setbacks will be
impacted by the imposition of this easement.
Section 4.11.4 states: "No structure shall be permitted within an easement in a way that
adversely affects the easement." Our standard practice is to let the easement holder
determine adverse impact. If we obtain a written approval or statement of no objection
from the easement holder, we will typically issue a permit for construction within an
easement.
Page 2
Collett M. Thach Trust and Edith C. Thach Trust (the "Trusts") Subterranean
Easement to Rivanna Water and Sewer Authority ("RWSA") {LOD 2013-024} —
Advisory Opinion
December 16, 2013
While this is only an advisory opinion, as noted above, the language of the proposed
subterranean easement appears not to contemplate an adverse impact except in
specific instances referred to in the document itself.
I hope this information is useful for your purposes. If you have additional questions,
please do not hesitate to ask me.
Sincerely,
0 V/C
4A& o;� r ✓
Amelia G. McCulley, A.I.C.P.
Zoning Administrator