Wednesday, January 16, 2013

Albemarle County의 공식 서신

오늘 Albemarle County의 Bill Fritz씨로부터 우리 교회가 당면한 Subdivision을 형성하는 문제에 관하여 공식 서신을 받았습니다 (아래 첨부된 서신 참고).  지난주 Meeting에서 제안한 Broomley Road 에서 기찻길을 따라 우리 교회 부지 서쪽 Corner로 들어오는 입구도로를 추가하여 Subdivision을 형성하는 방법이 법적으로 하자가 없고, 이 방안을 추진할 것을 권하는 좋은 소식입니다.  할렐루야!!!

Dominion Engineering의 Mike Myers씨에게 입구도로가 표시된 새 Plat을 준비하도록 요청했고,  CAM의 Cynthia Finley 이사장과 만나 Subdivision 형성에 필요한 서류들을 준비하여 Albemarle County에 제출할 계획입니다.  

이 Sudivision 신청 과정이 순조롭게 진행되어 U.Va. 이사회가 주차장 임대증서 (Deed of Lease)에 서명할 때까지는 우리들의 많은 기도가 필요합니다.  하나님의 은혜에 감사드리며 계속 기도드립시다.
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia  22902-4596

Phone (434) 296-5832
Fax(434) 972-4126

January 16, 2012

Cynthia Finley, Pres.
P.O. Box 9037
Charlottesville, VA 22906


Dr. Yong Kim
Korean Community Church in Charlottesville
P. O. Box 6599
Charlottesville, VA  22906

RE: Subdivision Violation

Dear Ms. Finley and Dr. Kim,

Thank you for meeting with the County to discuss correcting the subdivision violation that has occurred. 

The specific subdivision violation which has occurred is a violation of the provisions of Chapter 14, Section 103C of the Code of Albemarle.  This provision states:

14-103 Acts prohibited without complying with chapter.

Unless this chapter and Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with:

C.   A person shall not sell or transfer any land of a subdivision before a plat has been duly approved and recorded as provided in this chapter, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. However, the prohibited act stated in this paragraph does not prevent the recordation of the instrument by which the land is transferred or the passage of title as between the parties to the instrument.

A deed recorded in Deed Book 3063 Page 110 transferred 3.848 acres from Christian Aid Mission to Korean Community Church in Charlottesville (the Korean Community Church).  This acreage was not a separate parcel and could not be transferred as a separate parcel unless a subdivision was first approved.  The acreage was originally transferred to Christian Aid Mission from Woodvale Land Company, Inc. by a deed and plat recorded in Deed Book 684 Page 610.  In that deed the 3.848 acres is referred to as Parcel B.  A plat, recorded in Deed Book 684 Page 613, states in part “Parcel B to be added to and become part of the Christian Aid Mission property.  Parcel B does not qualify as a separate parcel by County ordinances.”  At the time this deed and plat were recorded, September 28th, 1979, no County approval was required for this type of Boundary Line Adjustment.  The 3.848 acres is a part of the Christian Aid Mission property, currently identified as Tax Map 59, Parcel 23G1. 

We discussed several options at the meeting, some of which involved multiple parties and multiple waivers or options that were not workable forms of ownership.  One possible remedy was identified which staff was unable to fully respond to at the meeting.   I have done some research into the option and believe it is a viable solution.  That solution would be to create a parcel for the Korean Community Church that would include a strip of land that would front on an existing public street.  At the meeting we discussed the strip running parallel to the railroad and extending to Broomley Road.  This distance is approximately 1000 feet.  Another option, not discussed at the meeting, would be to have the strip of land run parallel to the Volvo dealership extending to Ivy Road.  This distance is approximately 200 feet.  The strip of land would have to be no less than 30 feet wide.  Either option provides the parcel for Korean Community Church with the required frontage. 

In order to create a parcel for the Korean Community Church a subdivision plat will need to be submitted and approved as provided for by Chapter 14, Section 206B of the Code of Albemarle.  As part of this application a request to waive the provisions of Chapter 14, Section 404 of the Code of Albemarle will be required.  In order to process a waiver the applicant will need to submit the information required by Chapter 14, Section 404D of the Code of Albemarle. 

At this time the County is taking no action on the subdivision violation.  We request that you pursue submittal of a subdivision application in a timely manner. 

If you have any questions please feel free to contact me.


William D. Fritz, AICP
Subdivision Agent 

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