HomeMy WebLinkAboutSDP201100031 Review Comments 2011-07-12.»
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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
July 12, 2011
Brian Ray
1717 -1B Allied Street
Charlottesville, VA 22903
RE: SDP 2011 -31 Tax Map 58, Parcel 3C Building Site Waiver
Dear Mr. Ray,
I have reviewed the information submitted for the building site waiver on the above referenced parcel.
The ordinance, Section 4.2.1 of the Code of Albemarle, requires that each property have a building site.
A building site excludes a number of things. However, for the purposes of the review of this property the
only relevant exclusion is areas in slopes of 25% or greater, aka critical slopes. The waiver request is to
modify the provisions of Section 4.4.2(a)(1) of the Code of Albemarle. That section requires, in part, that
each building site for a dwelling unit shall have an area of thirty thousand (30,000) square feet or greater
and shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5)
to one (1) as described by a rectangle inscribed within the building site. The property has one building site
that meets this requirement.
An existing dwelling is located on the parcel. This dwelling is not located within a building site meeting
the requirements described above. The area where the dwelling is located includes 39,786 square feet
exclusive of critical slopes. The area does not meet the five (5) to one (1) ratio required by the ordinance.
Section 4.4.2(a)(3) of the Code of Albemarle allows the rectangular shape to be administrative waived if
approval is received from the Department of Health and if the following findings are made: (Department
of Health approval has been received and I will address each of the findings)
(i) the parcel has an unusual size, topography, sligpe, location or other unusual physical
condition:
The parcel has undergone a number of boundary line adjustments resulting in its current
configuration. The parcels size, topography, shape and location are not unusual for the area
or the zoning district.
(ii) no reasonable alternative building site exists, and
A building site does exist elsewhere on the property. The existing house is in an area that
does not satisfy the building site configuration. The access to the building site that meets the
requirements of the ordinance would require a driveway of over 700 feet. This driveway
would have to disturb critical slopes to access the building site. If no dwelling existed on the
property and the applicant were proposing to construct in the area of the existing house the
waiver could be kited with the condition that it be the only ling located on the
property. The waiver could be granted because it provides for a more reasonable building
site and results in less degradation of the parcel. The length of the driveway coupled with the
need to cross critical slopes makes the "by- right" building site less reasonable than the area of
the existing house.
(iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or
adjacent parcels than if those dimensions were adhered to.
If no development existed on this property, approving this waiver to allow use of the 39,786
square feet area would result in less degradation of the parcel because it would eliminate the
need for a 700 foot driveway that crosses critical slopes. However, approval of this request
would allow exactly the opposite to occur. Further, approval of this request would permit a
second dwelling to be constructed on this parcel.
I am unable to make the necessary findings to approve this waiver. Therefore, your waiver request is
denied. In accord with the provisions of Section 4.4.2(a)(4) of the Code of Albemarle you may appeal
this action to the Planning Commission. If you have any questions please feel free to contact me.
Snn
William D. Fritz, AICP
Chief of Current Development