HomeMy WebLinkAboutSUB200400125 Action Letter 2011-01-03O$��OF ALgF,�
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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
January 3, 2011
Ian Jackson
21709 James Madison Hwy
Troy, VA 22974
RE: Tax Map 85 -29A1 (Lot 2) and Tax Map 85 -29A2 (Lot 3) in Stillhouse Ridge
Dear Mr. Jackson,
I have reviewed all of the files associated with the above two lots. When these lots were approved they
were both to be accessed using a "20' Joint Access Easement and BMP Access Easement ". This is shown
on a plat that was recorded in Deed Book 3159, p. 92 -97. (attached) It has been brought to my attention
that a latter document was recorded in Deed Book 3621, p. 196 -199 which removed the Joint Access
component of the easement. (attached) It is my opinion that the removal of the Joint Access component
of the easement is a violation of the subdivision ordinance. Specifically, the recordation is a violation of
Chapter 14, Section 231.1. (attached) The recordation of the document in Deed Book 3621, p. 196 -199
effectively revised the requirements shown on the approved final plat.
However, it appears that the intent of the easement may still be met. In reviewing the files for this project
it is clear that the intent of the condition was to limit lots 2 and 3 and the BMP to a single crossing of the
stream. As long as only on crossing is within the Water Resource Protection Area it is my opinion that the
intent of the condition of the subdivision plat has been met and no action will be taken on the subdivision
violation.
Please be aware that the above comments in no way impact the review by the County Engineer for any
impact on the Water Resource Protection Area. If you have any questions please feel free to contact me.
Sincerely,
William D. Fritz, AICP
Chief of Current Development
Cc:
Glenn Brooks
Mark Hopkins