HomeMy WebLinkAboutSUB200800100 Legacy Document 2009-10-09ALg�,��
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
October 9, 2009
Timmy Wyant
3929 Slamgate Road
Charlottesville, VA 22932
RE: SUB2008 — 100 Wyant Family Subdivision
Dear Mr. Wyant
The purpose of this letter is to outline for you some of the options that may be presented to the Board of
Supervisors for consideration. I will describe briefly each option that I propose to present and then in
italics after each option describe what this option may mean in your situation:
1. Revising the ordinance so that Private Street approval is not required for Family Divisions. In
your case this would address the issue raised by the County Attorney. The County Attorney has
stated that in his opinion all properties crossed by the Breakheart Road from your lot to the public
street would have to agree to have the road designated as a private street. This option does not
resolve the issue with VDOT at the entrance to the public street.
2. Revising the ordinance so that private street approval applies only to the lot(s) being divided and
no other lots. This is a variation of the first option and would have the same effect as option one.
That is it would resolve the private street issue but not the VDOT issue.
3. Revising the ordinance so that only one dwelling is permitted per lot unless the lot has public street
frontage. This does not address your situation in any way. However, it would prevent others from
being in the same situation you are in where you already have two dwellings.
4. Revising the ordinance so that a second dwelling on a lot may be approved only after VDOT
approval is received. This is essentially a variation of option three and does not address your
situation in any way. However, it would prevent others from being in the same situation you are
in where you already have two dwellings
5. Revising the ordinance so that in situations where two dwellings exist on a lot no private street or
VDOT approval is required to permit division intended to place each dwelling on a separate lot.
This option could potentially resolve the issues preventing approval of your subdivision.
I will be preparing a report outlining these various options. None of them have been fully evaluated to
determine if they are revisions that would be permitted by the State Code of Virginia. Currently I am
tentatively on the Board of Supervisors agenda for November 4. (I don't know where on the agenda and
there is still a chance it could be bumped from the agenda.) I will present these options for the Board's
consideration. Typically, these kind of conversations result in three possible outcomes:
1. The Board instructs staff not to work on any option. Or,
2. The Board instructs staff to conduct additional work on one or more option and return to the Board
or Planning Commission for further discussion. Or,
3. The Board of Supervisors instructs staff to develop new ordinance language. (This is called a
Resolution of Intent.)
If the Board adopts a Resolution of Intent staff would then work with the County Attorney's Office and
others to develop proposed language. A worksession would be scheduled with the Planning Commission.
Then, based on the comments of the Planning Commission a public hearing on the ordinance change
would be held with the Planning Commission. Then a worksession would be scheduled with the Board of
Supervisors and finally a public hearing would be scheduled with the Board.
Ordinance amendments potentially change the law for all property in the County. Therefore, as you can
see from the process I have outlined above it is not a quick process. I would not feel comfortable giving
you any sort of idea of what timeframe this could be done in as there are far too many variables.
I hope this information helps you know what options are being pursued. Please call me if you have any
questions.
Sincerely,
William D. Fritz, AICP
Chief of Current Development