HomeMy WebLinkAboutLOD199700002 Letter of Determination 1997-11-07COUNTY OF AL 3EMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 223
Charlottesville, Virginia 22902-4596
Building Code Information FAX (804) 972-4126 Zoning Information
(804) 296-5832 TTD (804) 972-4012 (804) 296-5875
November 7, 1997
James M. Bowling, IV
St. John, Bowling & Lawrence
416 Park Street
Charlottesville, Virginia 22902
Re: Official Determination, Statement of Development Rights
Tax Map 21 Parcel 33
Attorney's Case #97-5513
Dear Jim:
You have asked specifically if your clients, Paul G. Sabers and Jonathan K. Sabers, have
the right to construct two residential dwelling units on the above noted parcel. The plat
that you submitted (signed by the county on 8-8-89) states there are five development
rights on this parcel as allowed in the RA, Rural Areas, zoning district. These rights are
only hypothetical in nature but do represent the maximum number of lots of less than 21
acres allowed. In addition to the development right lots, a parent parcel may create as
many parcels with a minimum of 21 acres as it has land to make. The subject property of
76 acres would have a maximum development potential of eight lots—five with a minimum
of 2 acres and three with a minimum of 21 acres. Those same rights apply to dwelling
units. In other words, the maximum number of dwellings allowed for this 76 acres would
be eight, also.
In order to utilize the rights, either for subdivision purposes or for dwelling unit
construction, you must meet all applicable regulations. For dwelling unit construction,
these would include but not be limited to:
• demonstrating that you can meet regulations for subdividing, e.g., siting dwellings at
least 50 feet apart so that a property line could be placed in-between and both lots
meet their individual 25 -foot side yard requirements,
• demonstrating Health Department approval of septic disposal field sites for both
primary and reserve areas; and,
• providing adequate frontage and road access.
With regard to multiple dwellings on one parcel, we routinely approve building permits for
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November 7, 1997
Determination of Development Rights, TMP21-33
second dwellings without consulting other county departments or state agencies such as
the Virginia Department of Transportation (VDOT). However, if we were aware of an
unsafe entrance we would definitely consult VDOT. (Health Department approval is
always required for new construction.) On the physical survey that you submitted, it
appears that there is at least one dwelling and perhaps more since there are several
unidentified buildings. If your clients were to apply for a building permit today, we would
need to first verify the number of dwellings that exist, then, if the application was for a
second dwelling, the permit could be approved provided the other applicable regulations
were met. At all times, the third dwelling on any one parcel requires the approval of a site
plan or approval of a site plan waiver request by the Planning Commission. Both of these
items require at a minimum, that our road standards are applied and that the road from
these dwellings to the state road, meets those standards. There may also be other
regulations that would be identified and required under either review.
This information is based on your letter of October 22, 1997 and the plats that you
included, the Zoning and Subdivision Ordinances of Albemarle County in effect at this
time, and current policies of the development review departments. There is no guarantee
of these regulations in the future. Any requests for future development will be reviewed
under the applicable regulations at the time of application.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30)
days of the date notice of this determination is given, in accordance with Section 15.1-
496.1 of the Code of Virginia. If you do not file a timely appeal, this determination shall
be final and unappealable. An appeal shall be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal which specifies the
grounds for the appeal. In order for an appeal to be considered complete, it shall include
a completed application and $95 fee. The date notice of this determination was given is
the same as the date of this letter.
I hope this addresses all the issues in which your clients have interest. If not, please let
me know and I will try to address any further questions.
Sincerely,
lzz�kw
Janice D. Sprinkle
Deputy Zoning Administrator