HomeMy WebLinkAboutLOD200700012 Letter of Determination 2014-03-13�'IRGLN�P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 2, 2007
Geoffrey and Sherry Stelling
7268 Banjo Lane
Afton, VA 22920
Re: Official Zoning Determination for TM 96, Parcel 27 (4147 Heards Lane) —
Nonconforming as to Septic Field
Dear Mr. and Mrs. Stelling:
This letter is in follow-up to our meeting on April 17th. The purpose of this letter is to
provide an official zoning determination which will allow the installation of a septic field
that does not meet the full requirements of the Zoning Ordinance. This decision is
made in accordance with the Nonconforming provisions of the same Ordinance.
According to County records, this property consists of 0.62 acres. The lot was created
well before zoning was adopted in Albemarle. It is improved with a house built in 1920.
The house is not now and never has been served by a septic field. This house has
been occupied and used as a house until very recently.
As I understand it, there is a stream that runs through the property and an area of steep
slopes. It appears that a septic field will need to be located closer than 100 feet to the
stream and perhaps around 75 feet from the stream.
Absent the nonconforming provisions to modify the zoning regulations, the new septic
field would have to meet a 100 foot setback from a stream {Section 4.2.1). However,
there are specific provisions within the Albemarle County Zoning Ordinance {Section
6.2 C (1)) to allow installation of sanitary facilities when they do not currently exist. In
addition to these nonconforming regulations, there is a specific exemption for the first
house on a lot of record prior to the building site regulations such as stream setback
{Section 4.2.6 (b)}.
It is my determination that a new septic field may be installed on this property closer
than 100 feet to the stream. The specific location and stream setback to be as
approved by the Health Department.
Geoffrey and Sherry Stelling
May 2, 2007
Page 2
As was mentioned in our meeting with Tamara Ambler, a second ordinance, the Water
Protection Ordinance also requires a 100 foot stream setback (Section 17-321). After a
review of the facts of this situation, she indicated that she can approve a reduced
setback without the requirement of a mitigation plan in accord with Section 17-321 (6).
You will need to meet the 50 foot minimum setback required by the State.
When I informed Mr. Kirtley of my zoning decision, he indicated that it might be
necessary in this case to install an engineered septic system or some type other than
the conventional or traditional system. I told him that the County supports the provision
of an approved sanitary system for an existing home. Most septic systems, other than
a surface or stream discharge, can be supported by us. This situation is viewed
similarly to an emergency septic repair for an existing home and is distinct from a new
home or the creation of a new lot.
If you have any further zoning questions, please do not hesitate to contact me. I am
including the standard appeal language because this is an official determination which
will become final if not appealed.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.2-
2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. An appeal application must be completed and filed along with
the fee of $120. The date notice of this determination was given is the same as the
date of this letter.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: Joshua Kirtley, TJ Health Department
Tamara Ambler
Attachment to CV documents