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HomeMy WebLinkAboutLOD201400012 Letter of Determination 2014-10-27ALJ U GINt� COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 October 27, 2014 Andrew Baldwin 3312 Morgantown Road Charlottesville VA 22903 Fax (434) 972-4126 RE: LOD2014-00012 - OFFICIAL DETERMINATION OF NONCONFORMING LOT & STRUCTURE Tax Map 58, Parcel 41 (Property of AB HOLDINGS OF CHARLOTTESVILLE LLC) (the "Property") Samuel Miller Magisterial District Dear Mr. Baldwin: You have asked for an official determination of the nonconforming status of the two (2) dwellings located on the Property. It is my official determination that Tax Map 58 Parcel 41 is a nonconforming lot and the structure identified as 3308 Morgantown Road is a nonconforming structure. This is based on the following information broken down into two parts. Our records indicate the Property is zoned RA, Rural Areas. The Property contains 1.46 acres and two (2) dwelling units (3312 MORGANTOWN RD and 3308 MORGANTOWN RD). Chapter 18 of the Albemarle County Code defines nonconforming lot and structure in Section 3. These definitions as stated below are the basis of this determination. First: Nonconforming Lot Nonconforming Lot — "a lawful lot of record existing on the effective date of the zoning regulations applicable to the district in which the lot is located, that does not comply with section 4 of this chapter and the minimum applicable size, frontage, width, building site or other lot requirements of that zoning district." The Property is considered a lawful lot of record in existence on December 10, 1980, the effective date of the current zoning regulations. A requirement for parcels/lots zoned RA as outlined in the Area and Bulk Regulations of Section 10 state the gross density of one-half (0.5) dwelling units per one (1) acre with a minimum lot size of two (2) acres thus getting to the density of one (1) dwelling unit per two (2) acres. Records from the Real Estate Department indicate this property was assessed in 1974. The assessment records shows that one of the structures was torn down and replaced in 1973 or 1974. Reconstruction of the single family dwelling was completed in 1977 per building permit number 74-55 dated February 25, 1974. Building permit 74-55 indicates zoning approval of the certificate of occupancy on 7/16/77 by JBD. The zoning administrator at that time was J. Benjamin Dick. This structure is identified as 3312 MORGANTOWN RD and identified with the letter "C" 1 -STORY BRICK & FRAME on the attached Boundary Survey Plat ("Plat"). October 27, 2014 LZC201400012 Page 2 of 3 The zoning ordinance in effect at the time of the building permit application permitted one (1) dwelling unit per two (2) acres in the RA zoning district. The nonconforming regulations of the zoning ordinance in effect at that time permitted the replacement of a single family dwelling unit regardless of replacement cost if it were destroyed or damaged. It is not known if the evaluation of the replacement of the single family dwelling was made, but the zoning administrator did sign the certificate of occupancy. On the basis of the County's real estate records, and the previous zoning administrator's decision to sign a certificate of occupancy, as well as the regulations in place at the time, that there were two (2) single family dwelling units constructed prior to the establishment of zoning in 1969. Therefore, I conclude that the Property is considered a nonconforming lot in terms of the lot size by not meeting the two (2) acre minimum and the other requirement of the gross density since the lot has contained two (2) single family dwelling units prior to the establishment of zoning in 1969. Second: Nonconforming Structure Nonconforming Structure — "a lawful structure existing on the effective date of the zoning regulations applicable to the district, including any overlay district, in which the structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other structure requirements of that district." Chapter 18 Section 3 of the Albemarle County Code. Records from the Real Estate Department indicate the structure identified as 3308 MORGANTOWN RD and labeled with the letter "E" 1- STORY FRAME on the attached Plat was built approximately in 1940, thus is considered a lawful structure existing on the effective date of the zoning regulations applicable to the RA zoning district. The Plat does not show a surveyed distance from any property line. The Plat contains a scale that when utilized to measure the distance of the structure from the side property line adjacent to LOT D indicates that the structure does not meet the side yard requirement of twenty-five feet (26) for the RA zoning district. This would make the structure at 3308 MORGANTOWN RD a nonconforming structure to the side yard setback. All other structures on Parcel 41 appear to comply with the current applicable setbacks of Section 10, the RA zoning district and Section 4, general regulations of the zoning ordinance. It is the County Attorney's advisory opinion and my official determination that the Property has maintained two (2) single family dwelling units since December 22, 1969 and may continue to maintain the two (2) single family dwelling units in their current location on the property. It shall be noted that the nonconforming regulations have changed since the adoption of the original zoning ordinance in 1969 and that the regulations in effect at the time of any alteration of the Property or structures on the Property shall be evaluated per the regulations at the time of proposed alteration. The current applicable regulations pertaining to the nonconforming structures and lots are Sections 6.3 and 6.4 of Chapter 18 of Albemarle County Code, respectively. 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. October 27, 2014 LZC201400012 Page 3 of 3 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.org/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 www.albemarle.or /cq ountycodebza. (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 available at the bottom of www.albemarle.org/cdapps.) Please contact me if you have questions or require additional information. Sincer Irams H. MacCall Principal Planner Copy: Boundary Survey Plat —for AB HOLDINGS OF CHARLOTTESVILLE, LLC REVISED: FEBRUARY 11, 2014 Attachment(s) Tax Map Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 27, 2014 LOD2014-012 IVY COTTAGES NONCONFORMING LOT & STRUCTURE 8-42B 58-4, Legend IV RD � 58-38A (Note: Some items on map may not appear in legend) 254 - a A-011 � ERsm o R REs UE ­10N : PORCE s.AIIIN a PoarorrwE 58-41B ® REOREA,-1111 a SC"oi Reoi P mrsz r..I,-1d. n 58-41A ' R;s� 58-40A �' 3356 58-41A1°fie osM od .o a 3324 1 TM: 58 58-41 3312 l 3308 58-38 \ 58-40 738 '- �TQ�NRp 347 •� r t- 58-37F 58-37 �4 100 ft � (v 58-3702 9 GIS-Web Geographic Data Services www.albemarle.org y (434) 296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources October 27, 2014 killim–i I. BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. 2. THIS PLAT REPRESENTS A SURVEY OF THE EXTERIOR BOUNDARIES OF THE PARCELS SHOWN HEREON AND THERE IS NO INTENT TO EXTINGUISH OR COMBINE ANY EXISTING PARCELS OF RECORD. 3. NO TITLE REPORT FURNISHED. SOME EASEMENTS SHOWN. THIS PROPERTY IS SUBJECT TO ANY CONDITIONS,UTILITIES,EASEMENTS AND/OR COVENANTS THAT MAY EXIST. 4. TAX MAP 58 PARCEL 41A IS COMPRISED OF -TWO PARCELS. SEE LOD20130020-OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS, DATED JANURAY 30,2014. LEGEND: —x— DENOTES FENCE ?-�— DENOTES OVERHEAD POWER LINE —T— DENOTES OVERHEAD TELEPHONE LINE �T�►P-v�DENOTES UTILITY POLE (UNLESS OTHERWISE NOTED) O 1 -STORY FRAME © FRAME BUILDING © 1 -STORY BRICK & FRAME OD METAL BUILDING Q 1 -STORY FRAME Q FRAME BUILDING © 1 -STORY FRAME & BLOCK QH BLOCK PUMP HOUSE Q CONCRETE PAD O��TH Owe o� BRIAN S. Y Lic. No. 002281 GL 678 TURKEY TILMAN MTN.RD. SHILOH ROAD ROAD 250 Ivy SITE --��/�.� � DETTOR ( LOBBAN ROAD PLACE CSX " RAILROAD 678 OWENSVILLE ROAD VICINITY MAP - SCALE: 1" = 2000'+/ - BOUNDARY SURVEY PLAT TAX MAP 58 PARCELS 40, 40A, 41, 41A, 41B, & 42B THE PROPERTIES OF AB HOLDINGS OF CHARLOTTESVILLE,LLC`. LOCATED ON STATE ROUTE 738(MORGANTOWN ROAD) AND U.S.ROUTE 250(IVY ROAD) SAMUEL MILLER MAGISTERIAL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: 1" = 100' DATE: OCTOBER 25, 201;:1` REVISED: FEBRUARY 5,2014' (TO SHOW LOT 1 & LOT 2 AS PER OFFICIAL DETERMINATION OF PARCELS OF RECORD & DEVELOPMENT RIGHTS FOR T. M. 58-41A, DATED JANUARY 30, 2014) REVISED: FEBRUARY 11, 2014; FOR AB HOLDINGS OF CHARLOTTESVILLE,LLC ROGER W.RAY & ASSOC.,INC. 1717-1B ALLIED STREET CHARLOTTESVILLE,VIRGINIA 22903 TELEPHONE: (434) 293-3195 SHEET 1 OF 2 141795 i 'IPE FOUND .86'IN R/W IROr SET IRON FOUND 2.22'IN R/V 0 v 116.25' F CD a v C%JLLI CC Na U � m Q m coo mM,LO�vcu f� �rn ai •m m crr ' o IRON FOUND 1.70'IN R/V CENTERLINE r_ 'RON SET mm 0 0 cn CO m S70 °33' 45'E 215.97' T.M.58 LOT. 1 . 1.99 ACRES D.B.4413-281 D.B.440-193 D.B.287-376 PLAT T. M. 58-42A crR. F- a m w MICHAEL CURTIS GIORDANO = a in & DORENE ELLEN FISHER N cu D.B.3632-145 0 D.B.372-197 PLAT o Cu AXLE FOUND z GRAVEL z AT 23.21' DRIVEWAY 15'PRESCRIPTIVE.ESMT. - TATE - - PAVED il DRIVEWAY; IRON SET AT 25.00' 0 U.S. ROUTE 250 IVY ROAD IRON FOUND 1.36'IN R/W IRON138.47'IRON SET SET 41A LOT 2 1'.40 ACRES D.B.4413-281 D.B.440-193 D.B.287-376 PLAT 0 clu w O o � cn v v N ui Ln _ o m N CV (80'& VARIABLE WIDTH R/W) (D.B.325-195 & D.B.232-525) IRON FOUND S67°42'00"E 0.16'IN R/W 1.66' 814.32' 0 IRON SET 230.01' _ IRON 113.62' cD SET �- T.M.58-41B cm LOT B °� a a o � Nin - °° 0.92 ACRE v v m `� 00 0 D.B.4413-281 w cu O 4 ^ o D . B . 336-73. 75 PLAT O cmu cI J (O �m PIPE FOUND • ~ O o S59c0u °50'12'E m 231,17,z o T M 58-41 PIPE FOUND ' . • LOT A 32. 10 PIPE FOUND 1.46 ACRES D.B.4413-281 Q® conS69°30'2'"E 117.02' p D.B.336-73,75 PLAT CLEARS 0.4' N21 °42' 51"E x-'(-H)D 89 70' Q ' IRON X z --- -- -' SET_ - O GRAVEL o E_ J WELL DRIVEWAY z Ru; J IRON FOUND r AT 25 00' '-- -- w P AT 22.78' 3 1� GRAVEL P P DRIVEWAY P RO N60 200 q- P ~ ; U E 11'08„w 1qq 78- `� f � 6 _ ---9 30'STRIP DEDICATED ��-RG4 ROAR FOR FUTURE WIDENING (D.B.596-182 PLAT) N26 °33' 07"E ` Q GRAPHIC SCALE 1,,=100' 198.74' 1 O I J 0 100 200 300 © Ln w U cw T.M.58-40 z LOT D J No 0.77 ACRE " Cu o D.B.4413-281 D . B . 336-73, 75 PLAT PIPE FOUND -� AT 25.68' TR _0N Ln S67°42 00"E 198.59_ AXLE FOUND CONCRETE �- AT 0.22' HIGHWAY MONUMENT o FOUND m Cu 3 cn T.M.58-38 m THOMAS CRAWFORD LOONEY D.B.483-261 PLAT ° W.B.51-233 clu W.B.38-295 cn -PIPE FOUND S20 °52' 37"W -- 277.79 ' 'PRESCRIPTIVE IRON SET ESM7 AT 25.00' GRAVEL 25'STRIP DRIVEWAY. D.B.2016-431 & 432 PLAT SHEET 2 OF 2 D.B.1057-83 PLAT 14179B