곧 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.
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Phone (434) 296-5832
Fax(434) 972-4126
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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
January 16, 2012
Cynthia
Finley, Pres.
P.O.
Box 9037
Charlottesville,
VA 22906
and
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.
Sincerely,
William D. Fritz, AICP
Subdivision Agent
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