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HomeMy WebLinkAboutLZC201800010 Approval - County 2018-04-02COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 211, 2018 Trey Steigman Vice President, Development, MSC PO Box 5306 Charlottesville, VA 22905 RE: LZC2018-10 1 Parcel ID — 04510-01-00-01A through 11 B I Owner — The Woods Partnership Dear Mr. Steigman: In response to your request for a Letter of Zoning Compliance for the above referenced parcels (the "Property"), please be advised of the following: The Property is currently zoned RA, Rural Areas ("RA" ), as described in Section 10 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). The Property is also subject to the Airport Impact Area Overlay District ("AIX) and portions of the Property near the South Fork Rivanna River Reservoir appear to be subject to the Flood Hazard Overlay District ("Fff ). Both overlay districts are described in Section 30 of the Zoning Ordinance. The Property is in compliance with the Zoning Ordinance. 2. The Property's current use appears to have been established between 1972 and 1974. The Property was zoned Residential, Limited, District R-2 per the Zoning Ordinance effective at the time. The Property appears to have received its current zoning designation with the adoption of the current Zoning Ordinance and associated map on December 10t", 1980. 3. The property appears to have an approved site development plan, SDP000000420. April 2, 2018 LZC-2018-00010 Page 2 of 3 4. An existing storage building with a front yard setback of approximately 16 feet from the front property line on Woodburn Road is permitted by VA198300010, which was approved by the Board of Zoning Appeals on March 8t", 1983. 5. The following are building permits that have been issued for the Property: B199100044AR, B201302653OE, B201302716AC, B201701842AC. This office has no record of any Certificates of Occupancy issued for the Property. 6. The absence of a Certificate of Occupancy would not be considered a violation. 7. This office has no record of an open zoning or building code violation on the Property. 8. The existing regime was established with a Declaration of Horizontal Property (Condominium) Regime ("Declaration") dated April 1s', 1974 and recorded in Albemarle County Deed Book 554, page 185. The Declaration was made in compliance with the Virginia Horizontal Property Act, Sections 55-79.1 et seq. of the Code of Virginia (1950) as amended ("VHPA"). 9. The Declaration identified "the land described herein" as a common element. Although each condominium unit has an interest in and to the land as a common element, the land on which the condominium project stands is one (1) parcel of record containing 8.421 acres, more or less, as most recently described in Albemarle County Deed Book 627, page 58. Moreover, the language of this deed states "it is the intent of this deed, however, to convey the entire property as one tract of land, together with all right of the Grantors of such condominium regime." 10. A parcel of record, which is a cadastral entity, is distinct from a tax map parcel, which relates to ownership. The existing twenty-two (22) separate tax map parcels reflect the definition of "condominium" in Section 55-79.2 of the VHPA as "the ownership of a single unit in a multiple unit structure with common elements in a condominium project". This definition is not pertinent to this discussion of zoning compliance. 11. Per Section 4.5.2 of the Zoning Ordinance, "Condominiums shall be permitted in all zones in which is permitted any physically identical development; provided that site development plan approval shall be required for any condominium development." This letter of zoning compliance evaluates "physically identical development" with regards to uses, structures, and lots. April 2, 2018 LZC-2018-00010 Page 3of3 12. Therefore, termination of the prior Declaration would not have any impact on any potential nonconformity or compliance issue under the Zoning Ordinance, as the land on which the buildings stand as a common element would remain one (1) parcel of record. For further guidance regarding the process to terminate the existing condominium regime, please contact the Circuit Court Clerk's office. Once the regime has been terminated, the County's Real Estate office will adjust the Property's tax map parcels accordingly. Copies of any approved site plans, certificates of occupancy, or any other documents can be obtained from this office with a request through the department's Records Manager, Paul Bjornsen, at pbjornsen@albemarle.org. Please contact me if you have questions or require additional information. Sincerely, C�� / /V Andrew J. Knuppel Planner, Designee of the Zoning Administrator Attachments: Zoning Map County Code: http://www.albemarle.org/countycode Copy: Jon Zug, Circuit Court Clerk Sheila Conrad, Real Estate Office LZC2018-10 The Woods Condominiums tioo Legend (Note: Some items on map may not appear in legend) 45-76Coa SOUTH FORK RIVANNA RIVER RESERVOIR 411- R 45-67A 45-76D N R15RX1nn1.!­.p..n 0 N111 JT 0 11 P =Z 0 PI 0 =Irn.1-1 h, 51-01--8B e. U. 451 0,fl 7B A-844 45101 9A &4511001­8A C69i % 45-76A 2110 451`01'� 6A 451-01 I—OWl V --- f 672451-01-- B 4 66 694696 68! w 066 t451-01--5B 451-0 10B 451-01-4B i50-051­5� 70051-01--11B VIM;, 451 -01 --_4Xj662 45 1 414:011 A 659 660 A15.16 "w W6'5_r4'451-01--3B 085 451-01-*-3A/ 4511 I_0J__2B ' ts 8 10 145-84+ 451-ON-SA' 0 2067 6 0 42451 45-78 596 10 II 5-!86A'1 592 --------- REsERVOIR RIpG 58 139 ft 4 - - - - - - - 45-8, -lip GIS-web Geographic Data Services ^_ -8813 _.albemarle.0rg (434) 296-5832 Map is for Display Purposes Only - Aerial Imagery from the Commonwealth of Virginia and Other Sources April 2, 2018