HomeMy WebLinkAboutLOD201800011 Letter of Determination 2018-07-26COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 26, 2018
Paul Koppel
1885 Seminole Trail
Charlottesville VA 22901
Re: LOD201800011 for a 8.64 Inch De Minimis Setback Encroachment
(Tax Map 032G0-04-00-11500, 4405 Sunset Drive, Charlottesville VA 22911)
Dear Mr. Koppel:
You have provided us with a subdivision plat prepared by Christopher B. Kean, dated July 17,
2018, showing Lot 115, Phase 4 in the Briarwood Subdivision. The plat (attached) shows
that the dwelling on Parcel 115 is located 5.28 feet from the left side property line. This is an
encroachment of .72 feet into the 6 foot required side yard setback. While this encroachment
is a violation of the zoning ordinance, it is negligible. The error appears to be inadvertent and
not intentional. We understand that the construction of this structure received the proper
approvals from the County. The County does not pursue enforcement actions for
discrepancies of these amounts because they are de minimis.
If you wish or if your financial institution requires it, you may request a variance from the
Board of Zoning Appeals. If you wish to pursue this or have further questions, please do not
hesitate to contact me.
This has been a consistent administrative practice by this Department. However, should
encroachments become frequent events with any one owner or builder, we may find it
necessary to pursue those on the basis of repeat violations
If you are aggrieved by this determination, you have a right to appeal it within thirty (30)
days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely
appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator
and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along
with a fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a
decision of the zoning administrator or any other administrative officer pertaining to the
Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in
is available at the bottom of www.albemarle.org/cdapps.)
Sincerely,
Me
F15 Mi " -, "M 1 4 - - ,;
Bart J. Svoboda
Chief of Zoning / Deputy Zoning Administrator
County of Albemarle, Virginia
Copy: Reading File
Attached: Plat
- _
TMP 32G-0 4,
_ ------ ___
WQ068RIAR ASSCIATES''
10 PASSIVE RECREA
TIONq�--------D.B.
AREA CONSISTING
4931 P. 701.r 705 PLAT
0q y0
OF
- WALKING/JOGGING TRAILS
d
O Q
----
-OPEN SPACE
VARIABLE WIDTH 2JP5
—PHASE
- —' -- - --- _7_
STORMWATER
(
MANAGEMENT
AND ACCESS EASEMENT
11
D.B.
4931 P. 701. 705 PLAT
I
D.B. 4931 P. 713
IF N52.47'S
_4"E
52.00 IF �_ - - "T—
5' BSL
_
VARIABLE WIDTH
I I
PUBLIC DRAINAGE EASEMENT
D.B. 4931 P. 701, 705 PLAT
i
O.B. 4931 P. 713
I I
1 I
1
I
I
I I
REC / CENTRAL EASEMENT
BLOCK WALL I
D.B. 4304 P. 209 CENTRAL TELE.
D.B. 5011 P. 465 CENTRAL TELE.
—%
X x x
METAL FENCE
I
D.B. 4991 P. 421 REC 1
I
JIB
Ca
Cal : '16.23' I
BUILDING ENCROACHES
io1 m N
INTO BUILDING SETBACK
°' 8.52'
I
0.72' 5.28'
I 19.02`.:. 2.99'
I
1440¢.- 1
TMP 32G-04-116
2 STORY FRAME M
NVR, INC.
TMP 32G-04-114
W/-BASEMENT
D.B. 5030 P. 516
NVR, INC.
-: - 1 AC
D.B. 4931 P. 701, 705 PLAT
D.B. 5034 P. 278
r:r:TMP. 32G-04-115 P
D.B. 4931 P. 701. 705 PLAT
EM
LOT 115 c=
LOT 116 I
PHASE 4
LOT 1/4
s j o
1 PHASE 4
o
a PHASE 4 m i10 -
0.131 ACRES = I
I
NO ROOF OVERHANG
1 ON THIS SIDE OF HOUSE
Co a >-)
1T 5'
NO ROOF OVERHANG
1
o
6.97 fu.r: 20.57.' _ :1
ON THIS SIDE OF HOUSE
6.63
20' BSL
—
I
I
I
GRAVEL
1
DRIVEn
ISSMH
SANITARY SEWER
a
EASEMENT
D.B. 4931 P. 701, 705 PLAT
IS
52 OW
i
PLAT SHOWING A
PHYSICAL SURVEY OF
LOT 115 PHASE 4
BRIARWOOD SUBDIVISION
RIO DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: 1" = 20' JUNE 1, 2018
REVISED: JULY 17, 2018
THIS SURVEY IS CERTIFIED TO: NVR, INC
DECLARATION IS MADE TO THE ORIGINAL
PURCHASER. IT IS NOT TRANSFERABLE
TO SUBSEQUENT PURCHASERS.
THIS SURVEY WAS PREPARED WITHOUT
THE BENEFIT OF A TITLE REPORT.
SOME EASEMENTS OTHER THAN
THOSE SHOWN HEREON MAY EXIST.
THIS PROPERTY LIES IN AN AREA
DESIGNATED AS ZONE X (AREAS
DETERMINED TO BE. OUTSIDE THE
0.2% ANNUAL CHANCE FLOODPLAINI
AS SHOWN ON MAPS BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
DATED: FEBRUARY 4, 2005
THIS IS TO CERTIFY THAT ON 4
JULY 17. 2018, 1 SURVEYED
THE PROPERTY SHOWN ON
THIS PLAT AND THE TITLE LINES
AND WALLS OF THE BUILDING
ARE SHOWN HEREON.
GRAVEL WALK
®1 soMHl C)WM (—
SUNSET DRIVE
51' PUBLIC R/W
D.B. 4931 P. 701. 705 PLAT
TMP 32G-04-115
NVR. INC.
D.B. 5021 P. 764
J ./- 430'
-TO JERSEY PINE ROG
LEGEND:
AC = AIR CONDITIONER
BSL= BUILDING SET BACK
CO = CLEAN OUT
EM = ELECTRIC METER
GM = GAS METER
IS = IRON SET
SSMH = SANITARY SEWER MANHOLE
SDMH = STORM DRAIN MANHOLE
WM= WATER METER
D.B. 4931 P. 701, 705 PLAT
D.B. 4931 P. 713 ALB COUNTY
D.B. 4779 P. 257 COMCAST
D.B. 4316 P. 157 1ST AMEND TO CCR
D.B. 4304 P. 209 CENTRAL TELE.
D.B. 5011 P. 465 CENTRAL TELE.
D.B. 4121 P. 418 REC
D.B. 4991 421 REC
D.B. 4111 P. 477 CCR
D.B. 4836 P. 508 CITY OF CHARLOTTESVILLE
I HEREBY CERTIFY THAT THIS PHYSICAL
SURVEY, TO THE BEST OF MY PROFESSIONAL
KNOWLEDGE., AND BELIEF, IS CORRECT AND
COMPLIES WITH THE MINIMUM PROCEDURES
AND STANDARDS ESTABLISHED BY THE VIRGINIA
STATE BOARD OF ARCHITECTS. PROFESSIONAL
ENGINEERS, LAND SURVEYORS,. CERTIFIED
LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS.
I ALSO CERTIFY THAT THE BOUNDARY SHOWN
HEREON IS BASED ON A CURRENT FIELD SURVEY.
W' '��
,Jo t�'J� 9.
CHRISTOPHER B. KEAN
LIC. NO. 2378
LINC LN
SURVEYING
Innovation, Integrity. Vision.
632 BERKMAR CIRCLE
CHARLOTTESVILLE, VIRGINIA 22901
OFFICE: 434-974-1417
110006802-PS10T115-REV 18198.PRO 110-0068-02