HomeMy WebLinkAboutVA197300030 Application 1973-11-15 Applicatia1,,. for Variance or
Special Exception
TO: THE ZONING ADMINISTRATOR, ALBEMA1LE COUNTY,. VIRGINIA
\RIANCE NO.04.5- `3 The undersigned applicant is(are) the owner of the
following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE
A PART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE'TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF SITE MUST BE GIVEN.
I/We E• df -a. Q(' respectfully request the Zoning
Administrator Albemale County, Virginia to grant the
Variance or Special Exception stated below in the
Magisterial District and described as County Tax Map
Parcel/0-3 containing acres and zoned f •
Applicant Signature1 &-,�,��a,.r / Date // =/ .� 7 3
The petitioner request at the/Zoning Administrator grant:
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The applicant make this request because:
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Action Taken by thei ng Administrator: (JA//
Approved Denied Signed
-- -- —————— — TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS—— — — — — — ——
Date
I/We hereby appeal the ruling of the Zoning
Administrator of Albemarle County on the foregoing application,
and respectfully request a reversal of his decision by granting
the request for a variance or sp ial exception as stated above.
Applicant Signatur , re 'I
Address
Phone Number
ACTION BY THE BOARD OF ZONING APPEALS APPROVED DIIVIED
DATE
MEMARLE COUNTY
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Board of Zoning Appeals Meeting
October 23, 1973
The Albemarle County Board of Zoning Appeals held its regular
meeting on October 23 , 1973, at 5 : 30 p.m. in the Board of Supervisors
meeting room, County Office Building, Charlottesville, Virginia.
Members present were Judge Savory Amato, Chairman, Messrs William
Roudabush, E. H. Bain, W. P. Heath; Mr. Harry Brown being absent.
There being a quorum present, the Chairman called the meeting
to order at 5 : 35 p.m.
On motion of Mr. Bain, seconded by Mr. Heath the minutes of
September 11, 1973, were unanimously approved as submitted.
1. VA-73-25 Morton Frozen Foods, as set forth in Section
12-2-2 applicant requests a 47 ' variance to Section8-0 '
4
of the Albemarle County Zoning Ordinance requiring a
setback from the street right-of-way. Property is sit-
uated on the East side of Route 240 , in the community of
Crozet and is further described as County Map
2 ,
Parcel 61, White Hall Magisterial District.
It was noted that three residents with their attorney were present
to'speak against the granting of the variance and that there was no
one present to represent the applicant.
On motion of Mr. Bain, seconded by Mr. Roudabush, the Board voted
unanimously to continue the matter to a special meeting to be held on
November 20, 1973, at 5 : 30 p.m.
The chairman requested that the secretary write a letter to the
applicant concerning the action of the Board and inform him that
someone representing the applicant must be present at the continued
meeting.
There being no further business to come before the Board, the
meeting adjourned at 5 : 45 p.m.
Respectfully submitted,
Ruth Miller
Secretary
BOARD OF ZONING APPEALS MEETING
November 13 , 1973
The Albemarle County Board of Zoning Appeals held its regular
meeting• on November 13 , 1973 at 5 : 30 p.m. in the Board of Supervisors
meeting room, County Office Building, Charlottesville, Virginia.
Members present were Chairman Amato, Messrs William Roudabush,
E. H. Bain, Harry Brown, and W. P. Heath.
There being a quorum present, the chairman called the meeting to
order at 5 : 30 p .m.
On motion of Mr . Roudabush seconded by Mr. Brown the minutes of
the October 23, 1973 meeting were unanimously deferred until the
next Board meeting .
The Chairman requested that the Board consider Item 3 on the
agenda first .
1 . SE-73-01 , Harrison Barnaby Estate, Mary Henderson, heir,
applicants request the Board of Zoning Appeals of Albemarle
County to grant a Special Exception by allowing a 1 . 66 acre
lot as a legal lot in an A-1 Agricultural zone. Property is
situated one mile south of Auburn Hills Subdivision and is
described as County Tax Map 93 , Parcel 11 , Rivanna Magisterial
District .
,' Mr. Richard L. Nunley appeared brfore -the Board on behalf of the
applicant.
On question of Judge Amato, Mr. Nunley stated that Harrision
Barnaby, deceased, is owner of that property; that Mr. Barnaby died
in testate ; that Mary Henderson is one of the heirs , owing 1/3 of
the undivided interest ; that there are other heirs living; thrt a
Mrs . Ruth Golden is one of the heirs who has not been heard from
in 15 years ; that there has not been a partition suit filed because
they feel that the problems with the Board of Zoning Appeals and the
Planning Commission should be resolved first .
The Chairman stated that , in his opinion, the Board cannot hear
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the application since Mrs . Henderson is not the legal owner of the
subject parcel of land; that the other heirs are as much owners as
:)
Mrs . Henderson.
Mr. Roudabush commented that , in his opinion, there is no
assurance that the Courts would divide the eleven acres as shown
on the plat .
Following a lengthy discussion the Chairman stated that he was
of the opinion that the Board could consider the application only if
all the heirs sign the application.
Mr. Bain moved that the case be deferred without prejudice until
ownership is determined. MR. Brown seconded the motion.
Following discussion of the motion Mr. Bain amended his motion
to dismiss without prejudice.
The motion carried unanimously.
2 . VA- 73-26 , Albert and Hazel Henderson, applicant requests the
Board of Zoning Appeals of Abemarle County to grant a varinnce
of 15 ' from the required 30 ' front yard setback requirement
due to extreme topography in an A-1 Agricultural Zone . Property
is situated South/East of Route 29 at Covesviile and is des-
cribed as County Tax Map 109 , Parcel 11 , Scottsville Magisterial
District .
.1
Mr. Henderson appeared before the Board.
The Secretary read the applicants statement of justification which
is a part of the applicants file .
The statement justified the Variance due to the topography of the
lot.
Mr. Henderson stated that he no.r lives in an existing house which
he will tear down when the new house is completed.
After revewing the plat, it was determined that no variance was
needed for the side yards .
No persons appeared in favor of or in opposition to the request .
On motion of Mr . Heath, seconded by Mr . Brown the Variance was
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granted unanimously.
3. VA-73-27 , Great Eastern Companies , applicnat, requests the
Board of Zoning Appeals of Albemarle County to grant a var-
iance to the 30 ' separation required between twonhouse
. buildings whose combined number of units is 10 or less ,
leaving the required side, front and rear yards as minimum
dimensions between two five unit buildings in a R-2 Resi-
dential zone . Property is situated North/west of Route 631 ,
North of the City of Charlottesville and is described as
County Tax Map 61 , Parcel 186 , 188 , and 188 (4) Charlottesville ,
Magisterial District .
The Secretary read the applicants letter of justification which
is a part of the file .
Mike Evans, representing the applicant, appeared before the
Board.
On question of the Chairman, Mr. Rotkin stated that they are
asking for an interpretation of the ordinance and a Variance .
Following discussion and reading of the ordinance , Mr. Rouda-
bush stated that in his opinion there is no need for an interpretation
of the townhouse section of the ordinance since it is very clearly
written.
Mr. Roudabush then read Section 12-2-5 concerning the granting
of a. variance .
The Secretary read• the application.
On question of the Chairman the secretary stated that the applicant
is requesting that they be permitted to place the buildings 20 ' apart
instead of 30 ' required by the ordinance .
Mr. Rotkin stated that the variance would not affect the neigh-
boring properties ; that they are not asking for more density.
Mr. Roudabush stated that the application was advertised with one
wording and the applicant is asking for another.
Mr. Rotkin stated that the request would involve a half dozen areas
at most.
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He then asked if he could withdraw the application without
prejudice and reapply after marking the exact areas to be involved.
Mr. Marion Spence , stated that in his opinion, if the applicant
is following the letter of the law a variance is not really necessary.
Judge Amato stated that the applicant must show undue hardship
if required to follow the strict letter of the law.
Mr. Roudabush suggested that perhaps since it is possible that
the problem will be recurring perhaps the applicant should pursue
with the Planning Commission the possibility amending the ordinance .
No other persons appeared in favor of or in opposition to the
application.
On motion of Mr. Bain, seconded by Mr . Roudabush the Board un-
animously granted the applicants request to withdraw without prejudice .
There being no further business to come before the Board,
the meeting adjourned at 6 : 30 p.m.
Respectfully submitted ,
`Ruth Miller (Mrs . )
0, Secretary
•
AGENDA
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
December 11 , 1973
1. Call to order
2. Establishment of quorum
3. Approval of minutes - October 23 , November 13
4 . Public Hearing :
1. VA-73-28 , A. 0. Foster, applicant requests the Board of Zoning
Appeals of Albemarle County to grant a variance of 5 ' plus or
minus from the required 30 ' setback in a B-1 Business zone .
Property is situated North of Rt . 250 east approximately 1/5
mile East of intersection Rt. 20 North and is described as
County Tax Map 78 , Parcel 5 (1-A) , Rivanna Magisterial District .
2 . SE-73-02 , W. Carmen Norford , applicant requests the Board of
Zoning Appeals of Albemarle County to grant a special exception
to allow Parcel A-1 to be conveyed to William C . Smith leaving
Parcel A containing only 1 . 27 acres in an A-1 Agricultuare zone.
Property is situated east Rt . 641 at Sandy Branch Farm and
is described as County Tax Map 21 A Parcel 1A, Rivanna Magisterial
District .
3. SE-73-03 , Hattie Rosson Coleman , applicant requests the Board of
Zoning Appeals of Albemarle County to grant a special exception
to allow three (3) dwellings on a parcel of land containing
3. 07 acres in an A-1 Agricultural zone . Property is situated
east of Rt . 810, North of Mountfafr and is described as County
Tax Map 14 , Parcel 43 , White Hall Magisterial District .
4 . SE-73-04 , Automatic Heat Service Inc . , applicant requests the
Board of Zoning Appeals of Albemarle County to grant a special
exception to allow the expansion of a non conforming use by the
addition of 2 underground fuel storage tanks of 12 , 000 gallons
each in a R-2 Residential zone. Property is situated south of
Rt . 743 (Hydraulic) and 600 feet south of its intersection with.
Rt . 631 (Rio Rd . ) and is described as County Tax Map 61 , Parcel
13, Charlottesville Magisterial District .
5 . Old Business !�
6. New Business
7 . Adjournment
APPLICANT`S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property Owners.
Applicant is to then take this form to the Real Estate Office
where personnel in that office will aid applicant in listing property
owners and addresses of all Map and Parcel Numbers given below.
Real Estate Office is to return blue copy to Planning Department.
•
Map Parcel Name Address
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* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number (, g ` / -
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11 a5 -73
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hearings on December It 1973 at a s `ix 1 ; l 4,,.�
7:30 p.m.in the Court House,Courtrt9rd Albemarle County Board of
Square,Charlottesville,Virginia to Zoning Appeal-twill conduct a public
consider the following matters: hearing on December 11, 1973
1.ZMP-282.Cushman Realty and commencing at 5:30 p.m., in the Albemarle County Board Of Zoning
Building Corporation has petitioned Board of Supervisors Meeting Appeals
the Albemarle County Board of Room,County Office Building,Court- December 18,1973
Supervisors to rezone 214.45 acres Square,Charlottesville,Virginia to The Albemarle County Board of
from A-1 Agricultural to, RS-1'' consider the following matter: Zoning Appeals will Conduct a Public
Residential.Property is situated on , 1.VA-73-28,A.O.Foster,applicant. hearing on December 18, 1973,
the east and west sides of Route 678, requests the Board of Zoning•, commencing at 5:30 p.m. in the
about 3/4 mile north of Ivy.Property Appeals of Albemarle County to; Board of Supervisors Meeting
is described as County Tax Map 58, grant a variance of 5'plus or minus; Room,County Office Building,Court
Parcel 81. •Samuel Miller • from the required 30 foot setback in Square,Charlottesville,Virginia to
Magisterial District. a B-1 Business zone. Property is consider the following matters:
, ,2. ZMP-285. The Southland situated North of Route 250 east 1.VA-73-29,Alexander Banks V.,
Corporation has petitioned,the approximately 1.5 mile East of in- applicant requests the Board of
Albemarle County Board of tersection Route 20 North and is Zoning Appeals of Albemarle County
Supervisors to rezone.591 acres Of described as County Tax Map 78, to grant a variance of 10'from the
land from A-1 Agricultural to B-1 Parcel 5(1-A),Rivanna Magisterial required rear yard setback in a R-2
Business.Property is situated orithe District. residential zone. Property is
south side of Route 649 (Proffitt -2. SE-73.02, W.Carmen Norford, situated east of Route 29,on Brent-
Rd.), near its intersection with applicant requests the,Board of • wood Road- in Woodbrook Sub-
Route 29 North.Property is further Zoning Appealsof Albemarle County division and is described as County
described as County Tax Map 32, ' to grant a special exception to allow Tax Map 45C,Parcel lot 14,Block k,
Parcel 36, (part thereof), Parcel A-1 tobeconveyed to William Section 6, Charlottesville
Charlottesville Magisterial District. C. Smith leaving Parcel A con. Magisterial District.
3.ZMP-288. Raymond V. Long, taming only 1.27 acres in an A-1 I 2. SE-73-05, Thomas Gilbert,
Jr., has petitioned the Albemarle Agriculture zone. Property is. applicant requests the Board of
County Board of Supervisors to Situated east Route 641 at Sandy: Zoning Appeals of Albemarle County
rezone 1.066 acres of land from B-1 Branch Farm and is described as to grant a Special Exception to
Business to M-1 Industrial.Property County Tax Map 21 A Parcel 1A, permit the Location of a camper
is situated on the east side of Route R#Vanna Magisterial District. trailer in a B-1,Bus#Hess zone to be
631(Rio Road)and the west side of 3. 5E-73.03, Hattie Rosson occupied by per'sonnet conducting a
: the Southern Railroatl. Property is Coleman, applicant requests the' 24 hour wrecker service.Properly is
further described as County Tax Board of Zoning Appeals of situated east of Route 29, at
Map 61,Parcel 146A.Charlottesville Albemarle County to grant a special Woodbrook Drive and is described
Magisterial District. ;exception. to'-allow three (3) as County Tax Map 45C,Parcel iB,
4. ZMP-289. Raymond V. Long, i dwellings on-a parcel of land con Charlottesville Magisterial District.
Jr., has petitioned the Albemarle tdihing` 3.07, acres .in an A-1 ,j 3. VA-73-30, E. B. D. Yancey,
County Board of Supervisors to Agricultural Zone. Property Is `applicant requests the Board of
rezone 2.227 acres of land from B-1 Situated east of Route 810,North of . Zoning Appeals of Albemarle County
• Business to M-1 Industrial.Property :- Moon#fair and is described as, to grant a variance of 15'from the
is situated on the east side of Route County Tax Map 14,Parcel 43,White rear yard setback in an A-1
631(Rio Road)and the west side of Hall Magisterial District. Agriculture zone. Property is
the Southern Railroad. Property is 4. SE-73-04, Automatic Heat Ser situated south of Route 250,112 mile
further described as.County Tax vice Inc. applicant requests the east of Brownsville and is described
Map 6tt Parcel 146D.Charlottesville Board of Zoning Appeals of as County Tax Map 56, Parcel 103,
Magisterial District. Albemarle County to grant a special White Hall Magisterial District.
5. ZMP-290. North Corporation • exception to allow the expansion of a Persons interested in the above
has petitioned the Albemarle County non conforming use by the addition matters may view the application in
Board of Supervisors to rezone.549 .of 2 underground fuel storage tanks the office of Pianning.and Zoning,
acres of land from A-1 Agricultural vd'f 12,000 gallons each in a R-i 41i East High Street, Charlot-•
to B-1 Business.Property is situated Residential zone. Property is ! t ;Y'�1a Virgmla-
on the south side of Route 649 situated south of Route 743 '' t a irFsi
(Proffit Road),near its intersection (Hydraulic)and 600 feet south of its
with Route 29 North. Property a intersection with route 631 (Rio , d
further described as County Tax Road) and is described as County '
Map 32,Parcel 36, (part Thereof). Tax Map 61, Parcel 13, Chariot-
Charlottesville Magisterial District. .tesville Magisterial District.
6. SP-310. W. M. Collins has Persons interested in the above
petitioned the Albemarle County matter may view the application in
Board of Supervisors to locate an I addition to a mobile home park on the office of Planning and Zoning,4.11 acres of land zoned A-1 411 East High Street, Chariot- '
Agricultural.Property is situated on "tesville,Virginia.Savory Amato,Chairman
the west side of Route 706,about 1 Albemarle County Board
mile north of its intersection with of Zoning Appeals
Route 708. Property is further 11.71.114R , .
described-as County Tax Map 89,
Parcel 23A'. Samuel. Miller
Magisterial District. -
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AGENDA
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
DECEMBER 20, 1973
1 . Call to order .
2 . Establishment of a quorum.
3 . Public Hearing :
1 . VA-73-30. E . B. D. Yancey. Applicant requests the Board of
Zoning Appeals of Albemarle County to grant a variance of 15
feet from the rear yard setback in an A-1 Agriculture zone.
Property is situated south of Route 250 , 12 mile east of
Brownsville and is described as County Tax Map 56 , Parcel 103 .
White Hall Magisterial District . /
4 . Old Business . ,f-?7g,,,.2„,„„!,,, ((//
5 . New Business .
6 . Adjournment .
E. D. B. Yance9
Pt. 3, Box 375, Charlotte&ville, Virginia 22901
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N25.3d 333.OW !! : s22.40'30 E D. 8 4?t�-//7 N
340.72 r- I 28l��+' D. B. 437-4E39
IQ 30'R.O.W
D. 8.250-204
H. LEE MARSTQV \ �,
D. B. 4/6-/$9 1.72 ACRES ,�
0. 8 462-2014 LL/ i
293-404 / , - Q4.'-
230-240 , -- - --
/ 5 4�181.I9 \ !r1
.= ___
—_ /
- gT •PIPE/Zs/'
20.300'-- +.,P�c _1L_ --1 1vE
PRADDITION —D — -'__I / vFS 1 1 L.
• /STOIP�''lee
SEE DETAIL A / W/* 537°58'E 1
N3°43'40'E I22 '�' /37.0'
•
122.89'---, y�j
/C,-56 •'�
// •tR:1 . I i pOWER
/ ��{ UTIL/T
W' D. ,PIPE
Pp/YA7E S 61°O1'W 229.80
ROAD ` ,
/l
• • M. S VVELL itfART/N
/ •PIP:337
/ DETAIL A Ex/sTiNs
RESIDENCE S °58'E
NOT TO7.00
SCALE
I
22.00'L.- g'� —PROPOSED
y I�6.Q� ADDITION
P2.36' 22.80'
, PIPE
1616115.08' •
98.47'
POST 229.80'
s 61° O2'w
PLAT OF
/.72/ ACRE PARCEL OF LAAV LOCATED ON
OLD RT. 240 0 a S. RT. 250 Ain't- /O M/ WEST
OF IIIECHUM 5 RIVER, ALBEMARLE CO., v4-
FOR
E. O. YANCEY
SCALE: /"=100' 04TE: /1-29-73
/00 50 0 1CO 200