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Home My WebLink AboutLOD201000011 Letter of Determination 2011-04-04ALBF, U ®Sl3 GINIP 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 7, 2011 Eric D. Smith Martin Wren, P.C. 1228 Cedars Court Charlottesville, VA 22903-4801 Re: Official Determination Tax Map 59D2 Section 1 Parcel 10C — Ednam Village Section 2 Dear Mr. Smith, This letter is provided in response to your letter dated October 15th with follow-up questions via email on November 22nd. You have asked questions in two areas: 1) whether the above referenced property is common open space and 2) what the side setback is for the residential parcels within Section 2. I will provide the analysis and responses to your questions in the proceeding. I apologize that this determination has taken so long. The record is very minimal and it has been difficult to determine the prior zoning regulations and basis for approvals. Background The above -referenced property is shown in the illustrative site plan for Ednam Village dated March 1975 and received by the County on 4-30-75. With this plan, the largest of the pieces of this property is shown as "common open area .21 acre for common use and enjoyment of all tenants." This property is shown and discussed in the rezoning for the commercial portion of the property that fronts Route 250. The rezoning application, ZMA 77-21 Joe Wright and Frank Kessler, rezoned the property from R-2 to Commercial Office. This file includes an unsigned agreement between the rezoning applicants and Ednam Village Owners' Association. It also includes this property in several drawings with references such as "buffer" and "open space." While this information is helpful background and may have been a factor in the Board's decision, the drawings and agreement are private agreements and do not amount to rezoning proffers or conditions. They are not conditions because the rezoning did not involve a Planned Development designation and they are not proffers because we were not enabled to accept proffers at that time. Page 2 Letter to Eric Smith: Official Determination Tax Map 59D2 Section 1 Parcel 10C — Ednam Village Section 2 January 7, 2011 Pnrrral 1 nr'. rrnneiete of thraa nhweirnihr cannrafa niarae of Innr4 Thie narral mine w vvi vv vvi ivww vi a n vv �.+iyvwann y vv�.+ani aww r+ivvvv vi rani yaw. nv h. ani va.i rranv originally created by plat of R.O. Snow and Associates, C.L.S. dated April 26, 1978. At the time of subdivision, the property was zoned R-2, Residential. The Ednam Village Section 2 preliminary plat was approved by the Planning Commission on May 19, 1975. This was a proposal to create 16 lots from a 3.66 acre parcel. On July 21, 1981, the Planning Commission approved the Ednam Village preliminary plat proposing 10 lots from a 2.735 acre parcel. This subdivision was shown on a plat entitled "Subdivision Plat of Section Two Ednam Village" by William S. Roudabush, Inc. signed by the County on 3-4-82 This property was also shown in a plat by R.O. Snow entitled "Compiled Plat of property of Joseph w. Wright, Jr & Frank A. Kessler and Common Open Spaces Belonging to the Ednam Village Owners Association, Incorporated, Located on the South Side of US Rat 250 Just West of Charlottesville, Albemarle Co, VA" This plat was signed as approved for recordation on June 11, 1982 by Robert W. Tucker, Jr. This plat includes the note: "Parcels A, B, C & D are common open spaces appurtenant to Ednam Village Phase I and are the property of the Ednam Village Owners Association, Inc." 1. Common Open Space You have asked if this property is located within a cluster development and if it is "common open space." I have researched these questions and conclude that the above -referenced parcel is "common open space" as such is defined in the Albemarle County Zoning Ordinance. The record is not clear as to why this property was originally designated as common open space — whether it was an ordinance requirement due to cluster development or whether it was the most appropriate designation given the private restrictions and intention for this property. Ednam Village Section 2 is zoned R-4, Residential. Section 15.3 Area and Bulk Regulations require a minimum lot size of 10,890 square feet for conventional (not cluster) development. The lots within Ednam Village Section 2 do not meet the minimum lot size for conventional development. Therefore, this is considered cluster development with associated required common open space. Common open space must be owned and/or controlled by the residents of such development (Section 3.1 Definition "common open space" and Section 4.7 d). In addition to the ownership/control requirements, common open space is limited as to use (Section 4.7 b). Therefore, selling part or all of parcel 10C to an individual does not appear to be consistent with either the use or the control requirements for common open space. 1. Side Setback Requirement for Ednam Village Section 2 Residential Lots A second question you have asked relates to whether the side setbacks for these Page 3 Letter to Eric Smith: Official Determination Tax Map 59D2 Section 1 Parcel 10C — Ednam Village Section 2 January 7, 2011 - Ednam Village Section 2 lots can be reduced from 15 to 10 feet. Based on the - - -- information you have provided with an email from Jay Schlothauer, Building Official, regarding distance to the nearest responding Fire Department and the adequacy of fireflow as listed within Section 4.11.3, the building side setbacks on the other side from the common wall development can be reduced from 15 to 10 feet. See the reference in the R4 area and bulk regulations of Section 15.3 below: (a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are approved under chapter 14. (Amended 1-1-83; 6-11-08) The side setback for TMP 059D2 -04 -OB -01100) is 10 feet. The setback is measured to the property line. Therefore, if the property line is moved through a boundary line adjustment, the setback would then be measured from the new property line. If you have any further questions, please do not hesitate to ask. I am including the appeal language to allow this to become a final determination if not appealed. 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 $120. 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.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance, Section 34.3 of the Zoning Ordinance, which contains the regulations pertaining to the filing of an appeal to the Board of Zoning Appeals, is located in Chapter 18 of the Albemarle County Code and it may also be reviewed online at: htto://www.albemarle.ora/upload/images/Forms Center/Departments/County Attornev/ Forms/Albemarle County Code Ch18 Zoning34 Appeals.pdf. If you have any questions, please do not hesitate to contact me. Sincerely, Amelia G. McCulley, A.I.C.P. Zoning Administrator