HomeMy WebLinkAboutSDP201300038 Action Letter 2013-12-184 �F ALBS ,
�'jRGI�ZP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
December 18, 2013
Via Email & Mail
vlong@williamsmullen.com
Valerie Long
Williams Mullen
321 East Main Street, Suite 400
Charlottesville, VA 22902 -3200
Fax (434) 972 -4126
RE: SDP 201300037- Cingular Wireless /CV313A (Elledge Property) Tier II PWSF
Dear Valerie:
Pursuant to Section 5.1.40 of Chapter 18 of the Code of the County of Albemarle, the above referenced
project for a Tier H PSWF has been disapproved. Albemarle County Code § 18- 5.1.40(h) requires the
County to act on an application such as this one within 90 days (in compliance with FCC "shot clock" rule)
and the 90 day time period has passed. Disapproval of the application is required because it does not comply
with all requirements. Specifically, the application fails to satisfy the following Sections of Chapter 18 of the
Code:
1. [4.2]. Critical Slopes. The application proposes disturbance of critical slopes. A waiver was
submitted and analyzed, but to date no request has been made by Cingular Wireless for the Board of
Supervisors to consider a special exception for the waiver and, as a result, no special exception has
been approved by the Board of Supervisors.
2. [5.1.40(b)(2)]. Setbacks. The application for the tower is proposed for 103 feet, which means the
facility must be at least 103 feet from any adjacent lot line unless an easement is obtained from an
adjacent owner to reconcile the difference. The facility is approximately 75 +/- feet away from Tax
Map 62B1- 00 -0E -1, no easement has been obtained, and no revised plans locating the tower in
compliance with the applicable setbacks has been submitted.
Repeated efforts have been made to contact you to request deferral of this project and to extend the time for
action, as allowed under Albemarle County Code § 18- 5.1.40(h)(3)(d). Since you have neither requested nor
consented to deferral, the County must take action and, for the reasons explained above, disapprove this
project.
If you are aggrieved by this decision, you may choose to appeal the denial of this application to the Board of
Supervisors within ten (10) calendar days after the date of disapproval under section 5.1.40(d)(12).
Sincerely,
Sarah D. Baldwin
Senior Planner