HomeMy WebLinkAboutLOD199800003 Letter of Determination 1998-11-04November 4, 1998
Joseph M. Cochran
P. O. Box 559
Charlottesville, Virginia 22902
Re: Official Determination, Statement of Development Rights
Tax Map 58 Parcel 82
Dear Joe:
On behalf of your clients, Jonathan and Judith Baker, you have asked the development
rights on the above noted 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 39 acres would have a maximum development potential of six lots. Of the six
lots, one must be a minimum of 21 acres. The other five would be required to have a
minimum of 2 acres each. Those same rights apply to dwelling units. In other words, the
maximum number of dwellings allowed for this 39 acres would be six, 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:
C 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 between dwellings and both
lots meet their individual 25 -foot side yard requirements;
C demonstrating Health Department approval of septic disposal field sites for both primary
and 100% reserve areas; and,
C providing adequate frontage and road access.
With regard to multiple dwellings on one parcel, we routinely approve building permits for
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.) At all times, the third dwelling on any one parcel requires
Development Rights, TMP 58-82 Page 2 8/20/2015
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 the state road to the dwellings, 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 September 8, 1998, the fax transmitted on
October 16, 1998, the plats that you supplied, 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
15.2-2311 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,
Janice D. Sprinkle
Deputy Zoning Administrator
Cc: Cardinal Hill Corporation
Reading, TM -P 58-82
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Maynard Sipe, Planning Department