HomeMy WebLinkAboutLOD201400023 Legacy Document 2014-11-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 22, 2014
Randy Rinehart
1110 Rose Hill Drive
Charlottesville, VA 22903
Re: Official Determination — De Minimis Setback Encroachment (Tax Map
07681010006800, 908 Swan Ridge Rd. Charlottesville, VA 22903)
Dear Mr Rinehart:
You have provided us with a foundation stakeout survey prepared by Kirk Hughes,
dated October 20, 2014, showing Lot 58 in the Redfields Phase 2-C Subdivision. The
survey (attached) shows that the dwelling on Parcel 076R1-01-00-05800 is located
5.57feet from the right side property line. This is an encroachment of .43 feet into the
six foot required side yard setback. While this encroachment is a violation of the zoning
ordinance, it is negligible. The error appears to be inadvertent and not intentional. We
understand that the construction of this structure received the proper approvals from the
County. The County does not pursue enforcement actions for discrepancies of these
amounts because they are de minimis.
If you wish or if your financial institution requires it, you may request a variance from the
Board of Zoning Appeals. If you wish to pursue this or have further questions, please
do not hesitate to contact me.
This has been a consistent administrative practice by this Department. However, should
encroachments become frequent events with any one owner or builder, we may find it
necessary to pursue those on the basis of repeat violations
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.
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.orq/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.org/countycodebza.
(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.)
Sincerely,
zk�
Sarah D. Baldwin
Senior Planner
Designee to the Zoning Administrator
Attached: Survey
Sarah Baldwin
From: Amelia McCulley
Sent: Tuesday, October 21, 2014 4:25 PM
To: Sarah Baldwin
Subject: FW: Redfields
Attachments: L58P2C-FND-STAKEOUT 10-20-14.pdf
Can you please get with Stewart to research this and then draft a de minimus determination? Please keep me
informed. Thanks.
From: Randy Rinehart [mailto:rinehartCabrineharthomes.com]
Sent: Tuesday, October 21, 2014 2:17 PM
To: Amelia McCulley
Subject: FW: Redfields
Amelia, Kirk has done a field survey on my house. It shows that on the right side of the house the rake project
does go into the setback by 5". Please let me know how I can get this approved in the county's eyes. The
house is not sold or completed but I want to get this taken care of in the next month. Thanks for the help!
Randy
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