AGENDA DATE: 12/7/2022
TITLE:
Title
Music Hall - Manning Easement Approval Request
BODY
SUBJECT/PROPOSAL/REQUEST: Request for permission to increase permitted primary dwelling size on property under an Acquisition of Conservation Easements (ACE) conservation easement co-held by the Albemarle Conservation Easement Authority (ACEA) and the County in exchange for elimination of one secondary dwelling and restriction on remaining secondary dwelling size.
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Rosenberg, DeLoria, Filardo, Rapp, McDermott, Maliszewski, Clark
PRESENTER (S): Scott Clark, Richard DeLoria
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: In April 2007, the County purchased an open-space easement on the Music Hall/Chester property (Tax Map 65 Parcels 11, 11B, 11C; 76.461 acres - please see Attachment A for location map) through the Acquisition of Conservation Easements (ACE) program. The easement is co-held with the Albemarle Conservation Easement Authority (ACEA) pursuant to the County Code. The deed of easement is provided as Attachment B.
The restrictions in the easement limit the property to one main dwelling of no more than 7,000 square feet of above-ground livable space, "unless prior written approval is obtained from each Grantee." The easement also permits two "accessory dwellings," without specifying a size limit for those dwellings. The property currently has one existing dwelling, on parcel 65-11B (5383 Stony Point Pass - 1,339 square feet).
In March 2022, the owner of the property asked the ACEA for permission to increase the main dwelling size limit to 12,800 square feet. The landowners also offered to limit the size for the accessory dwellings to 4,500 square feet. The ACEA deferred consideration, suggesting the owner amend the proposal to be more consistent with the existing easement terms.
In June 2022, the ACEA considered a modified proposal. In response to the ACEA's pr...
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