HomeMy WebLinkAboutVA200800010 Legacy Document 2008-11-21STAFF PERSON: Ron Higgins
PUBLIC HEARING: December 2, 2008
STAFF REPORT VA -2008-009 (Signs #105 & 106)
OWNERS/APPLICANTS
Mark Slezak
Eleanor V.
Finger, Trustee
TAX MAP/PARCEL
T.M. 26 — 20B
T.M. 26 — 20A
ZONING
Rural Areas
Rural Areas
ACREAGE
1.999
56.325
LOCATION
Breakheart Road
Breakheart Road
TECHNICAL REQUEST AND EXPLANATION:
Applicant requests a variance from Code Sec. 10.4 that requires lots to have 150 feet of
frontage on an approved internal public or private road. Sec. 6A.C.2 requires
resulting nonconforming lots in a boundary line adjustment to more substantially
conform to regulations. This is to complete a boundary line adjustment between two
lots, both nonconforming because they have no frontage on an approved public or
private road.
RELEVANT HISTORY:
Mr. Slezak purchased this "2 acres, more or less" from the Frank W. Finger Trust in
January of 2006. At the time of purchase Mr. Slezak had expressed a desire to
purchase additional land if he was able to afford it in the future. This was an option, but
not pursued until this year. A boundary line adjustment (BLA) plat was prepared in
August of this year for submittal to the County. In reviewing the plat, it was determined
that the BLA could not be approved due to the fact that both lots were nonconforming as
to Section 10.4 of the County Code and that they were not being made to more
substantially conform to that section, as required in Section 6.4.C.2. Mr. Slezak has
applied for a variance to the lot frontage requirement of 10.4. Both existing lots are lots
of record prior to 1980.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS:
Parcel 20A and Parcel 20B are located on a private access known as Breakheart Road.
They are approximately one half mile west of State Route 673. The existing road does
not meet private road standards and has not been approved as such by the county.
The attached plat by Residential Surveying Services, dated August 13, 2008, is a
boundary line adjustment which would add a 1.5 acre portion of Parcel 20A to Parcel
20B, bringing the total area of Parcel 20B to 3.499 acres. Both of the lots have more
than 150 feet of frontage on the unapproved road, so the linear distance is not the
issue. The nonconformity is that they have no frontage on an approved road and will
still have no frontage on an approved road after the BLA. Also, Parcel 20B is
technically nonconforming as to area @ 1.999 acres, according to their latest plat.
VA 2008-009 Page 2 December 2, 2008
The relevant code sections that affect this request are:
"10.4 AREA AND BULK REGULATIONS
REQUIREMENTS
DIVISIONS BY RIGHT
DIVISIONS BY SPECIAL
USE PERMIT
Minimum frontage internal
150 feet
150 feet
public or private roads
6.4 NONCONFORMING LOTS.
A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set
forth herein.
C. Division, combination, or adjustment of boundary line of nonconforming lot authorized.
A nonconforming lot may be divided, combined with any other lot, or have one or more of its
boundary lines adjusted, provided:
2. In the opinion of the zoning administrator, the resulting lot or lots more substantially conform
to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk
regulations applicable to the district in which the lot is located, and comply with all other
applicable requirements of the Albemarle County Code.
3.1 DEFINITIONS
Private Road. Any road, street, or other way or means of vehicular access to a lot that is not
maintained by the Virginia Department of Transportation, regardless of ownership, approved as a
private road pursuant to Albemarle County Code §§ 14-232 through 14-235 or any prior
ordinance regulating the subdivision of land. Any road identified on a recorded plat as a restricted
road, access road or other designation which was not approved by the county as a private road
pursuant to chapter 14 or any prior ordinance of the county regulating the subdivision of land is
not a private road as defined herein. (Added 2-6-02)"
One of the powers and duties of the Board of Zoning Appeals (granted in Section 34.2
of the zoning ordinance) allows that a variance may be authorized as follows:
"... in specific cases such variance from the terms of this ordinance as will not
be contrary to the public interest, when owing to special conditions a literal
enforcement of the provision will result in unnecessary hardship; provided that
the spirit of the ordinance shall be observed and substantial justice done, as
follows: When a property owner can show that his property was acquired in good
faith and where, by reason of... exceptional topographic conditions. or other
extraordinary situation ... the strict application of the terms of this ordinance
VA 2008-009 Page 3 December 2, 2008
would effectively prohibit or unreasonably restrict the use of the property or
where the board is satisfied, upon the evidence heard by it, that the granting of
such variance will alleviate a clearly demonstrable hardship approaching
confiscation, as distinguished from a special privilege or convenience sought by
the applicant, provided that all variances shall be in harmony with the intended
spirit and purpose of this ordinance. "
Staff opinion is that the strict application of the ordinance would not prevent Mr. Slezak
from reasonable use of his property, as he can build on the existing lot. Therefore this
does not represent a "clearly demonstrable hardship approaching confiscation", since
the applicant can still enjoy reasonable use of the property as a single family residence,
for which it is zoned. If a variance is not granted, the owner will still be able to build the
house on the existing lot.
Staff is unable to identify any material negative impact to adjoining property or to the
district. This hardship is shared generally by other properties in the same zoning district.
The general character of this area will not be changed by allowing this boundary line
adjustment. Staff opinion is that granting the variance to allow this boundary adjustment
will not change the character of the district.
APPLICANT'S JUSTIFICATION AND STAFF COMMENT:
A review of the variance criteria provided by the applicant and comments by staff
follows: (Staff comments are written in italics and follow the applicant's comments.)
Hardship
The applicant notes that the variance is necessary because:
• The present building area on Parcel 20B is too close to the road cutting through
the property and the addition of land would provide for a safer house location for
children. The applicant also states that the BLA would permit lot 20B to become
more conforming to the regulations due to the increase in size from 1.999 acres
to 4.499 acres.
Staff acknowledges that this might be a better location for the house. It is also true that
the area of lot 20B will increase to become more conforming as to area. However,
these results will not change the nonconformity of either lot nor would it prevent the
applicant from building a new house and relocating the road to the property line.
Therefore, we do not agree that the standard for a finding of hardship has been met in
this application.
1. The applicant has not provided sufficient evidence that the strict
application of the ordinance would produce undue hardship.
VA 2008-009 Page 4 December 2, 2008
Uniaueness of Hardshi
The applicant notes: Other families along the road will not be affected by this rule. He
says the family division being reviewed east of his property will make Breakheart Road
"an approved county road". He cites the small size of his lot as further reason to believe
this issue is unique to him.
Staff has determined that, other than family divisions, all other properties on the
unapproved road would experience the same restriction. This is not affected by the size
of the other lots relative to the size of the applicant's property. Also, even though the
road may be "approved" east of the applicant, it will not be improved to private road
standards and therefore, he would still be faced with the requirement of having the road
approved by the Planning Commission to private road standards from his lot
approximately one half mile out to Route 673.
2. The applicant has not provided evidence that the circumstances of this
matter are unique and are not shared generally by other properties in the
R -A zoning district.
Impact on Character of the Area
The applicant offers.-
The
ffers:
The applicant believes that the proposed BLA would enhance the value of adjacent
properties as the addition of land would permit the increased setback of the new
house making it in line with the character of the area. The applicant is confident that
the authorization of the variance will not be of substantial detriment to adjacent
property and the character of the district will not change.
Staff is of the opinion that the variance requested will not negatively impact the
character of the area.
3. The applicant has provided evidence that the authorization of such
variance will not be of substantial detriment to adjacent property and that the
character of the district will not be changed by the granting of the variance.
VA 2008-009 Page 5 December 2, 2008
STAFF RECOMMENDATION:
Since two of the three criteria for approval have not been adequately met, staff
recommends denial of this request. Should the Board find cause to approve this
variance request, staff recommends the following condition:
1. Any further division of these lots, resulting in additional lots, shall meet all
County regulations
Attachments:
-Application for Variance
-Tax Map 26
-Proposed Boundary Line Adjustment Plat
-Aerial Photo Vicinity Map
-Aerial Photo of Site
-County GIS Topo Map
Application for
Variance
�ariance = $120
Project Name: T ,uLA 6,aLhdt-&w,, Akuiivnei Kesi Des+
Tax map and parcel: Magisterial District: LJ�t,'Le �tci� Zoning: Burr
Physical Street Address (if assigned):
nvoe �;+ loC6,�J OVI &ectlQ.L e i2oJ
Location of property (landmarks, intersections, or other):
Contact Person (Who should we call/write concerning this project?):
t�k S Jr, 2 -CA -le- a q0
Address25A 7 Ild S ��� 12S City , (1h,`e✓( State A ZipQ
Daytime Phonej{0) qj�( 4)1 Q Fax # ( ) E-mail k,"sI[ z -a -LP ( J vk zz -, I- cc &"
Owner of Record
Address -3 O &1jejsM411 R Q City 54e l%k,ri-7 State 114 Zip )qq6
Daytime Phone (� !Y1 -Y c4.21 fr Fax # ( )
E-mail /ii Sly rci L-je (&d we cx . c.oXf
Applicant (Who is the Contact person representing?):
�eiprrien6 121,�� S1 e-7 L
Address G '7 & IlAk IV Y/ JU City 6r,' Jtu` 'U'7 Statey4 Zip
Daytime Phone �) 1Js(4 Cf„Z,Z, J Fax # ( )
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's si
FOR OFFICE USE ONLY' VAN o{ CJ�i
ZONING ORDINANCE SECTION: �•
Fee Amoun6,D�t�' d __"ywho?
E-mail )"J/e7akk I .,4 m 4� �• GD"rJ
L�SIGN # t/ i
Ll+ Receipt #7V(/iCk#
Date:
.ff'.C, .
M
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
7/1/08 Page I of3
The following information shall be submitted with the application and is to be provided by the applicant:
1) Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey, please
provide legal description of the property and the Deed Book and page number or Plat Book and page number.
2) The appropriate drawings showing all existing and proposed improvements on the property, with all dimensions and distances to
property lines, and any special conditions on the property that may justify the request.
3) Fee payable to the County of Albemarle.
4) Description of Request (include dimensions, measurements or sizes in feet):
WELSIC See_ ]LI"P aae C. 414 �c1►C
5) Justification shall be based on these three (3) criteria:
1. That the strict application of this ordinance would produce undue hardship.
eat e- See fi: -Ijoe Q A,,Ae— s#c,,Lk
2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
3. That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the
district will not be changed by the granting of the variance.
,• K •rte < ,J �.i •� r� ,:t
7/1/08 Page 2 of 3
i�Yl �� y�C' S j0 o vis eS V 3 c� � ►� r�
4) Description of the request (include dimensions, measurements or sizes in feet):
This is a boundary adjustment between TMP 26-20B and 26-20A adding 1.5 acres (marked on the
attached diagram as Parcel C) to TMP 26-20B. Please see the attached diagram for details.
Dimensions are roughly rectangular: 230.52 by 187.52 by 151.87 by 80 by 259.59 feet. The parcels are
on Breakheart Road in Albemarle County. The boundary adjustment would make the house site safer
for children, and increase the value of surrounding properties. The undue hardship caused
by the zoning regulation is not shared by other properties in the same district and vicinity.
5) justification shall be based on these three (3) criteria:
1. That the strict application of this ordinance would produce undue hardship
The zoning regulation 6.4.2 would cause undue hardship as it is limiting my ability as a life-long
Albemarle county resident and first time property owner in the county to fully use my land and get my
house built. The current house site is not safe. There is an existing road that cuts through the property
very close to the building site. The adjustment would allow me to move the house to a safe distance
from the road for the safety of kids playing around the planned house. When I bought the original land I
did not have enough money to get additional space, and we wrote the option to add an additional acre
into the contract. I have gotten together some savings and I would like to make the area safe as I know
the existing property would be dangerous for children because of the road.
Regulation 6.4.2 on boundary adjustment requires that "... the resulting lot or lots more substantially
conform to the requirements of section 4.0 (general regulations) of this chapter...). I believe in and
support our regulations, but this regulation should permit the boundary adjustment as the original lot
(26-20B, 1.999 acres) is becoming more conforming to the regulations, while the seller's land remains in
compliance with all regulations. The spirit of this regulation should allow this small adjustment, and
should not block this adjustment on a language technicality. The one development right on my land will
not change.
2. That such hardship is not shared generally by other properties in the same
zoning district and the same vicinity.
Other families along the road will not be affected by this rule if a planned family division takes place at
the Wyant parcel (26-42) some two hundred feet down the road from my land making Breakheart an
approved county road. My piece is also the smallest on the road, other family's properties along the
road are extremely large and this issue does not apply. I am the only one in the vicinity with this
problem.
3. That the authorization of such variance will not be of substantial detriment to
adjacent property and that the character of the district will not be changed by
the granting of the variance.
The proposed boundary adjustment would actually enhance the value of the adjacent properties as the
addition would provide for an increased setback from the existing road for any house project. The
house would be safer for the kids and would be well in-line with the character of our fine county.
t vini ot'1ia .iI�r�9 t . ' ok;l!L�'ti�'.
Owner/Applicant Must Read and Sign
The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this
review has not been submitted by the deadline.
Ownership information — If ownership of the property is in the name of any type of legal entity or organization including, but
not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a
document acceptable to the County must be submitted certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's
written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the
existence and scope of the agency. Please attach the owner's written consent.
I hereby certify that the information provided on this application and accompanying information is accurate, true and correct
to the best of my knowledge and belief.
Date: a-' 6d L -
Signature of wner or act Ifurchaser, Agent
M QY.k SleZcal-c-
Print Name
Daytime phone number of Signatory
7/1/08 Page 3 of 3
,�jq --)q3--?L66
VA -2008-009 (signs #105 & 106) Mark Slezak (owner/applicant), Eleanor Finger,
trustee of the Frank W. Finger Trust (owner). Applicant requests a variance to Code
Sec. 10.4 requiring 150 feet of frontage on an approved internal public or private road
and from Sec. 6.4.C.2 that requires resulting nonconforming lots in a boundary line
adjustment to more substantially conform to regulations. This is to complete a boundary
line adjustment between two lots, both nonconforming because they have no frontage
on an approved public or private road. Property located on Break Heart Road,
approximately 1/2 mile west of Route 673. Tax Map 26, parcels 20B & 20A, zoned RA
Rural Areas.
f.'l:3iVi'�C1.}3
TAX MAP 26
r26
? 26-29 -31
25-26
VA -200800009 Mark Slezak (owner/ applicant),. 6,2gq 62926-981
tax map 26, parcel 20B and Eleanor Finger, rys
B
trustee of the Frank W. Finger Trust (owner),, -26q �se
tax map 26, parcel 20A` 26-27D aT
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25-25 N
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26-21 76 -All
26-108 26-42
26-9 �
25-21
26-52
2528
26-20A
26-10C
26-IOG
25-21A 26-19
26-53
26-10 26-20
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25-18 N 26-11B ^� w ^aQ rL 1�f �+ 17 26-178
26-17C
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26-10F `� .1 ^ C 26-15 26-16
25-18B N 26-14 N
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26-11 26-12A 6-14M
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25-14B 25-14C 39-3 �9
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26-13A
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40-27A 40-27
Roads Abutting Owners
Feet
Parcels of Interest O Parcels
11 2.10 350 700 1,400
ui
PROPOSED BOUNDARY LINE ADJUSTMENT
OWNERS APPROVAL
The boundary adjustment of the lands described
herein is with the free consent and in accordance
with the desire of the undersigned owners.
Any reference to future development is to be
deemed as theorectical only. All statements
affixed to this plat are true and correct to the
best of my knowledge.
Owners / Authorized Signature
Frank W. Finger (Trustees)
Parcel 20A
Date
9�^ property line Mark Slezak Date
T N .P . 26-20B --------
1.999 Acres P F ��� q Parcel 208
+ 1.500 Ac. (Parcel C)
3.499 Acres (New Total) t�,�b�ry\\� 5 P.F. in old
road bed T.M.P. 26-21
Jane Baer
T.M.P. 26-9 �,1BQ, 2 t�,���\ 6 17.9.1310 Pg.352
W111iam E. Baer
0.B.1833 Pg. 665 T6� 2„�O ��O-
a� T.M.P. 26-42
P.F.CJ \\\7 , Wyant"
17.6.1072 Pg. 493
iol V ,�V S�G� inti
� V -V j �\�.®� _= g
zz
QJ
z P.F. @
18.56 '
N6S �6e>" S42 °30'34"W
Owners: 3g.W 80.00'
Parcel 20A
Frank W. Finger, Trustees
1701 King Mtn. Rd. Courses 1 - 9 along old road bed
Charlottesville, Va., 22901 Courses 10 & 11 along present road bed
Parcel 20B 1)S31'50'15'E 75.72' 7)S42'0953"E 129.10'
Mark Slezak 2 *31'29"E 49.10' B)S75'5753'E 94.50'
3567 Ballards Mill Rd. 3 '23'02"E 114.95' 9"M '27'07"E 170.00'
Free Union, Va., 22940 4)S48'42'47"E 110.70' 10)S87 616 53"E 238.80'
Property Zoning: RA 5)S40'58'30"E 41.75' 1I)S71 *35'53"E 206.76'
P.F. 6)S36004'53E 131.50'
The boundaries of the land
adjustment shown hereon is
from a current field run survey.
The properties shown hereon lie T.M.P. 26 - 20A
in Flood Zone C and not in an
° nl area designated as Zone A 56.325 Acres (before adjustment)
`l (100 Year Flood Hazard).
�� Q, - 1.500 Ac . (Parcel C) --
N 0 54.825 Acres (New Total)
� Development rights are not C
n being effected by this survey. . w
m:. p
° NOTARY PUBLIC For: Parcel 20A v CU
/ 0 5 10 200 The foregoing instrument was acknowledged rn z
before me this day of 200 1-4
CAL N F T
T M.P, 26-1 My commission expires, — . 200_
Abell Brothers, L
17.9.2,933 Pg.320
-"- "- — NOTARY PUBLIC For: Parcel 20B
�e
N11'59'18"E The foregoing instrument was acknowledged
147.29' before me this day of _200_. �o
P.F. I`�• C �
My commission expires, 200._ 4
l�
1 15g�.2$
� Sig 56 02•e
APPROVED FOR RECORDATION
Director of Planning
Robert W. Coleman, Jr.
No. 2007
L -Sum A
RESIDENTIAL
SURVEYING SERVICES
(434) 245-8744
1214 MONTICELLO ROAD, SUITE 1
CHARLOTTESVILLE, VIRGINIA 22902
T.M.P. 26-20
Nellie Gochenour
D.9.3395 Pg. 6,42
Date
of
I
n T � I_..1 I I - I I
PLA --F �O ING I
BOUNDARY ADJUSTMENT BETWEEN
TAX MAP ?b PARCEL 20A
AND TAX MAP 26 PARCCP.I.. ZOB
LOCATED ON
BREAK HEART ROAD
WHITE HALL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
AUGUST 13, 200B
01-058-02
Legal References:
Parcel C is to become a part
Z
D .B .1990 Pg .281 (Par .20A)
of T.M.P. 26-20B, upon
recordation of this plat.
D .B .3151 Pg ,597 (Par .20B)
H
0
H
cc
UJ
9aer "
D. 5. 1766 Pg.. B0�
HF -A
\ �
w
T.Y.P. 25-27
"
'
Z"
Goughnour
CD o
D. 9. 1055 Pg.5
\ IF in old
IF @ road bed
--40.0' i
IF =
PF =
Iron Found
Pipe Found
o 2
`'� ���� Old road bed is
OWNERS APPROVAL
The boundary adjustment of the lands described
herein is with the free consent and in accordance
with the desire of the undersigned owners.
Any reference to future development is to be
deemed as theorectical only. All statements
affixed to this plat are true and correct to the
best of my knowledge.
Owners / Authorized Signature
Frank W. Finger (Trustees)
Parcel 20A
Date
9�^ property line Mark Slezak Date
T N .P . 26-20B --------
1.999 Acres P F ��� q Parcel 208
+ 1.500 Ac. (Parcel C)
3.499 Acres (New Total) t�,�b�ry\\� 5 P.F. in old
road bed T.M.P. 26-21
Jane Baer
T.M.P. 26-9 �,1BQ, 2 t�,���\ 6 17.9.1310 Pg.352
W111iam E. Baer
0.B.1833 Pg. 665 T6� 2„�O ��O-
a� T.M.P. 26-42
P.F.CJ \\\7 , Wyant"
17.6.1072 Pg. 493
iol V ,�V S�G� inti
� V -V j �\�.®� _= g
zz
QJ
z P.F. @
18.56 '
N6S �6e>" S42 °30'34"W
Owners: 3g.W 80.00'
Parcel 20A
Frank W. Finger, Trustees
1701 King Mtn. Rd. Courses 1 - 9 along old road bed
Charlottesville, Va., 22901 Courses 10 & 11 along present road bed
Parcel 20B 1)S31'50'15'E 75.72' 7)S42'0953"E 129.10'
Mark Slezak 2 *31'29"E 49.10' B)S75'5753'E 94.50'
3567 Ballards Mill Rd. 3 '23'02"E 114.95' 9"M '27'07"E 170.00'
Free Union, Va., 22940 4)S48'42'47"E 110.70' 10)S87 616 53"E 238.80'
Property Zoning: RA 5)S40'58'30"E 41.75' 1I)S71 *35'53"E 206.76'
P.F. 6)S36004'53E 131.50'
The boundaries of the land
adjustment shown hereon is
from a current field run survey.
The properties shown hereon lie T.M.P. 26 - 20A
in Flood Zone C and not in an
° nl area designated as Zone A 56.325 Acres (before adjustment)
`l (100 Year Flood Hazard).
�� Q, - 1.500 Ac . (Parcel C) --
N 0 54.825 Acres (New Total)
� Development rights are not C
n being effected by this survey. . w
m:. p
° NOTARY PUBLIC For: Parcel 20A v CU
/ 0 5 10 200 The foregoing instrument was acknowledged rn z
before me this day of 200 1-4
CAL N F T
T M.P, 26-1 My commission expires, — . 200_
Abell Brothers, L
17.9.2,933 Pg.320
-"- "- — NOTARY PUBLIC For: Parcel 20B
�e
N11'59'18"E The foregoing instrument was acknowledged
147.29' before me this day of _200_. �o
P.F. I`�• C �
My commission expires, 200._ 4
l�
1 15g�.2$
� Sig 56 02•e
APPROVED FOR RECORDATION
Director of Planning
Robert W. Coleman, Jr.
No. 2007
L -Sum A
RESIDENTIAL
SURVEYING SERVICES
(434) 245-8744
1214 MONTICELLO ROAD, SUITE 1
CHARLOTTESVILLE, VIRGINIA 22902
T.M.P. 26-20
Nellie Gochenour
D.9.3395 Pg. 6,42
Date
of
I
n T � I_..1 I I - I I
PLA --F �O ING I
BOUNDARY ADJUSTMENT BETWEEN
TAX MAP ?b PARCEL 20A
AND TAX MAP 26 PARCCP.I.. ZOB
LOCATED ON
BREAK HEART ROAD
WHITE HALL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
AUGUST 13, 200B
01-058-02
AERIAL PHOTO
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Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia November 14, 2008