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HomeMy WebLinkAboutLOD199800007 Letter of Determination 1998-07-09July 9, 1998 Wendell & Marlene Wood P. O. Box 5548 Charlottesville, VA 22905 Roger W. Ray & Associates, Inc. 1717-213 Allied Street Charlottesville, Va 22903 RE: Marlene C. Wood Family Division/ Building Site Analysis Wendell W. Wood Family Division/ Building Site Analysis Tax Map 091, Parcels 18 & 19A Mailed Regular Mail and Faxed 293-4202 & 975-0267 Dear Ms. Wood, Mr. Wood & Mr. Ray: This is to confirm in writing the results of the meeting between several of us (Mr. Wood and Mr. Ray). In our meeting we specifically addressed the building site requirement necessary for approval of this family s two proposed family division plats. By this letter, I will articulate my analysis and conditions for my approval of building sites. As you know, I do not administer the Subdivision Ordinance and those requirements must also be satisfied for approval of these plats. You and your attorney, Mr. McClure, have asked for an identification of zoning ordinance sections which state that the building site shall be free of easements. We discussed this in our meeting and appear to concur about the requirements for building sites. The building site is necessarily intended to be buildable for the main structure and support features such as a septic field (if applicable). We agreed that it would be an absurd reading to say that a building site can be encumbered such that it is not buildable. A building permit is not issued when we are aware of recorded easements Page 2 July 9, 1998 Letter re: Wood Family Divisions which clearly do not allow construction in the area shown for building. As an example, we do not approve building in drainage easements. The Zoning Ordinance states that we must consider easements in the case of reducing setbacks. Section 4.11.3.2 states in part, No such structure shall encroach on any utility, drainage or other easement ... It only follows that we must consider easements which conflict with construction as a general rule and this serves as a reminder in the case of allowing building within the standard setback area. As you are aware, utility and drainage easements are frequently located within a setback area. In the case of review for ANY subdivision, we must consider designated building sites which are physically obstructed by substantial structures which prevent further building. This was the basis for considering the towers. We also consider areas obstructed by easements which would exclude the use of building within an area proposed as a building site. We have mentioned two issues which appeared to impact proposed building sites: the lease agreement with C.V.E.T. and the deed with the Virginia Department of Forestry. Each of these are separate areas and involve property on which towers are physically located with provision made for access to them. After a review of the documents, it appears that the C.V.E.T. lease agreement does not exclude future building. However, additional information and action is necessary to show that the deed to the V.D.O.F. will not exclude future building. Let me explain in the following. I. Lease Agreement with Central Virginia Educational Television (CVET) This is found in Deed Book 991 Page 80 and is dated February 29, 1988. This is a lease agreement with a term of thirty years unless terminated by CVET. It involves an area of leased property upon which the tower is located measuring 7.827 acres. It also includes non-exclusive easements for utilities and for ingress/egress. Because this is a private lease agreement of a limited duration, in my opinion, future building sites are not excluded. Renewal of the agreement will be subject to approval of the then -current property owners. In conclusion, no action is required relating to this lease agreement for approval of these plats. Page 3 July 9, 1998 Letter re: Wood Family Divisions 2. Deed of Easement and Right of Way with the Virginia Department of Forestry VDOF This is found in Deed Book 223 Page 240 and is dated August 10, 1933. This is a deed for a lookout fire tower or station to be used for the purpose of detecting forest fires. It involves an area of about 1 acre upon which the tower is located. The fire tower is about 86 feet high. The deed also includes a right of way to serve this tract (fire tower). Mr. Ray, you mentioned that neither the tract for the fire tower nor the right of way are tied down well by calls in the deed or by monuments in the field. It is his advice based on his experience, that the tower tract would be logically defined with the tower centralized within it. This is a reasonable deduction for several reasons, including the fact that this allows the tower to fall completely within the boundaries of this tract. This tower tract includes some of the area shown as buildable on the proposed plat. Because this is an easement which does not have a specific termination date and it does not state that the property owner can terminate it, the impact must be considered for the proposed subdivision. Prior to approval of the plats, the following shall be completed for building site approval: 1. A letter must be submitted which verifies that there is a building site of 30,000 square feet outside of the 1 acre fire tower tract. The fire tower tract must be either shown or noted on the final plat. 2. The right of way must be relocated completely outside of the 30,000 sq ft building sites. Proof of recordation of an appropriate instrument to accomplish this is necessary. Please consult with your attorney as to what if any, approvals are required from the VDOF. You may submit this information directly to me or Jan Sprinkle in addition to submitting it to the Department of Planning. If you have any questions, please do not hesitate to contact me. Page 4 July 9, 1998 Letter re: Wood Family Divisions If you are aggrieved by this determination, you have a 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. An appeal application must be submitted and filed along with a fee of $95. The date of the notice of determination shall be the same as the date of the letter. Sincerely, Amelia G. McCulley, A.I.C.P. Zoning Administrator WOOD. LTR AGM cc: Mr. Clifton McClure Maynard Sipe Larry Davis, County Attorney Jan Sprinkle Reading File I:\DEPT\BUILDINGTORMSMOOD.LTR Roger W. Ray & Associates, Inc. 1717-2B Allied Street Charlottesville, Va 22903