HomeMy WebLinkAboutLZC200500023 Legacy Document 2014-04-01aL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 17, 2005
Jeff Gaffney, President, Hessian Hills Unit Owners Association, Inc.
Real Estate III, Forest Lakes Office
1758 Worth Park, Suite 100
Charlottesville, VA 22911
Dear Mr. Gaffney:
This letter is to advise you that, based on an inspection of the Hessian Hills
Condominiums (the "Property") conducted on October 14, 2005, and a review of the
County's zoning and building code files regarding the property, we have determined
that, as of the review date, there are no outstanding violations of applicable building
codes, local ordinances or other deficiencies of record.
This is a legally nonconforming project that was developed in 1967 prior to the adoption
of zoning in Albemarle County. The site contains 184 units in 20 buildings located on
9.821 acres. This is a gross density of 18.73 dwelling units per acre. The two and three
bedroom units are served by 307 parking spaces. The current Zoning Ordinance limits
the density in the R-15 district to 15 dwelling units per acre and requires 2 parking
spaces per unit.
The Commonwealth of Virginia took strips of land from the property in 1990 and again in
1992 for improvements to Barracks Road. As a result Buildings 121,2424, 2421 and
2403 are more nonconforming to the 25 foot front setback required in the R-15 district.
The property is also more nonconforming to the 15 unit per acre density required in the
R-15 district. Sections 2.1.4 permits this increase in density and Section 2.1.5 permits
the reduction of the front yard based on the dedication to public use. A copy of these
two sections is enclosed.
If the development were damaged or destroyed, improvements located on the property
could be reconstructed in the same location and at the same density. Any change in
the present use, structures or site would have to comply with the County's land use
regulations in place at the time of the change.
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Jeff Gaffney
October 17, 2005
Page 2
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copy: Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
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SECTION 2
APPLICATION OF REGULATIONS
2.1.4 REDUCTION OF LOTS OR AREAS BELOW MINIMUM PROHIBITED
No lot or parcel(s) existing at the time of passage of this ordinance shall be reduced in dimension
or area below the minimum requirements set forth herein except for the purpose of meeting or
exceeding standards set forth herein or as a result of dedication to or exercise of eminent domain
by a public agency. Lots or parcel(s) created after the effective date of this ordinance shall meet at
least the minimum requirements established by this ordinance, except for lots created for usage by
a public agency to the extent that the same may be justifiable under powers of eminent domain.
(Amended 9-9-92)
2.1.5 REDUCTION OF YARDS BELOW MINIMUM
No yard existing at the time of passage of this ordinance shall be reduced in dimension below the
minimum requirements set forth herein, unless such yard requirements reduce the buildable area to
unreasonable dimensions. In such cases, the board of zoning appeals shall determine the minimum
requirements consistent with provision of adequate light and air, prevention of loss of life, health,
or property from fire or other dangers, and prevention of danger in travel. Yards created after the
effective date of this ordinance shall meet at least the minimum requirements established by this
ordinance. This provision shall not apply to reduction of yard dimension as may result from
dedication to or exercise of eminent domain by a public agency. (Amended 9-9-92)
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