HomeMy WebLinkAboutVA197300019 Application 1973-06-13 Application for _ Variance or
Special Exception
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
\RIANCE NO. pn-73-i 9 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.
respectfully request the Zoning
Administrator o Albemarle County, Virginia to grant the
Variance or Special Exception stated below in thud
Magisterial District and described as County Tax Map 6 �L �
Parcel /y- _/ containing acres and zoned R.__ I
Applicant Siate c ►tie , > j /g•7 3
The petitioner re e t t the Zoning Admnistrator grant:
; // ` s->,� ) ,Z%�
\ U ��� t-�t
o
p !�� 4.0 ILO _4,1 11
The applicant make this request because:
t"l'l-ci p i ')-1/E 4
Action Taken by the Zoning Administrator:
Approved Denied Signed
— ———— — TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS—— — — — — — ___ _—
I/We Date
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 special exception as stated above.
Applicant Signature
Address
Phone Number
ACTION BY THE BOARD OF ZONING APPEALS
DATE APPROVED DENIED
APPLICANT'S LIST OF
ADJACENT OR ABUTTING PROPERTY OWNERS
The Planning Department will list all Map and Parcel Numbers of
Adjacent or Abutting Property O4ners.
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
‘.7 ti') Q eXeL/2..6--4, -*/)},t-cyl) ‘,2
T ( J
>> < )
( I ) ) 1 �} : � 'i
•
* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number em, _ / /72 _ , -,-/
• _73 -- /7
FROM
-x Mr
Vn /�
r$In,a c and C,ontpanl� OF CHARI,OTTESVILLE• I\C.
i.
U.S.ROUTE 29,NORTH
CHARLOTTESVILLE, VIRGINIA 22901
SUBJECT
DATE
MESSACx \\
\`-li> - it ` .J
<_C`= .. C� 1 \
1-�lQ/`r ��(
t..............)
' ....k \
ORIGINATOR-DO NOT WRITE BELOW THIS LINE REPLY TO�... .....�
REPLY SIGNED
t\`
i 1 c�
DATE
SIGNED
SEND PARTS I AND 3 INTACT-PART I WILL BE RETURNED WITH REPLY
RM-87
RETURN TO ORIGINATOR
156
June 12 , 1973
The Albemarle County Board of Zoning Appeals held its regular
meeting on June 12 , 1973 at 5 : 30 P.M. in the Board of Supervisors
meeting room County Office Building , Charlottesville , Virginia.
Members present were : Judge Amato, Chairman, William
Roudabush, E .H. Bain, Harry Brown, and W.P. Heath. There being
a quorum present the Chairman called the meeting to order .
On motion of Mr. Roundabush,seconded by Mr. Bain the
minutes of April 10 , May 1 , May 8 , and May 22 , 1973 were
unanimously approved as submitted.
1 . VA- 73-13 , William H. Loeser, Sr. and Mary Lucy Loeser ,
applicant requests the Board of Zoning Appeals of Albemarle
County to grant a variance from the minimum setback
requirements as specified in article 2-3 and 2-5-2
relative to front yard setback and rear yard set backs .
Property is situated on Route 631 and is described as
County Tax Map 89, Parcel 82 Scottsville Magisterial
District .
The Chairman announced that the subject application was a
deferred item; that the public hearing had been held on May 22 ;
that the Board members had viewed the premises and were pre-
pared to rule on the matter after having heard all the evidence
and viewed the premises .
On motion of Mr . Bain, seconded by Mr. Brown the application
for a variance was unanimously denied on the grounds that in the
opinion of the Board, the evidence presented, the applicant had no
hardship within the meaning of the ordinance; that on the rear
of the property the proximity of the mobile home is so close to
the road that the granting of the variance would adversily affect
the welfare of the neighboring property owners .
157
2 . VA-73-14 , Dr. Charles Hurt , applicant requests the
Board of Zoning Appeals of Albemarle County to grant
a variance of li ' from the required 30 ' front set —)
-
back requirement in a R-1 Residential Zone Property
is situated in Berkeley Subdivision and is described as
County Tax Map 61-M, Parcel 1A-2-1 Charlotterville
Magisterial District .
Mr. Warren O 'Brien, representing Dr . Hurt, appeared before
the Board.
Mr.O'Brien stated that there is a sanitary sewer line run-
ning through the property; that a stream in the rear line of the
lot; that the lot is the first on the right as you enter Berkeley;
that the house was placed on the lot and when they applied for
title insurance , : it was discovered the house was located 11"
in violation of the 30" setback requirement .
On question of Chairman Amato, Mr. O'Brien stated that the
error was not discovered until the house was built; that it is
his understanding that structure must be located 6 'or 8 ' from
sewer lines which was one reason for placing the house where it
is; that there are no problems with the rear yard; that the
rear of the house is very near the creek; that the house is about
80% complete.
Following discussion of the plat it was determined the house
was located 28 feet from the rear line .
Mr. Kois , property owner across the street from the subject
property, appeared in opposition.
Mr. Kois stated that the Berkeley Association had planned to
,(muse, the pets�er en +he_ hcu.se s ���fJ�e r,.)cL} a-f7
attend the meeting et 7 : 30;Athat he received notice that the
meeting was to be at 5 :30 .
Mr. Kois stated that he was of the opinion that the rear
yard was not 35 ' ; that the creek is subject to flooding .
After further study of the survey the Chairman pointed out
to Mr. O'Brien that if the Board were to rule on the request
4
158
it would not resolve the problem for the reason that the rear
yard is also in violation.
Mr. O'Brien requested that the application be withdrawn with-
out prejudice and a proper application be filed .
Mr. Brown moved that the applicants request to withdraw with-
out prejudice and reapply be granted. Mr. Bain seconded the motion
which passed unanimously.
3 . VA-73-1S , H.P. Thomas, applicant requests the Board of
Zoning Appeals of Albemarle County to grant a variance
of 3 ' from the front setback requirement of 30 ' in ,an
Agricultural Zone . Property is situated on Route 729
and is described as County Tax Map 79, Parcel 36A in
the Rivanna Magisterial District .
Mr. Thomas appeared before the Board .
Mr. Thomas stated that his mobile home is located on Route743
near the airport; that he proposes an addition across the front of
his existing mobile home which has been located on the site 9 years ;
that the mobile home is now located 55 ' from the center line of the
road.
Mr. Thomas then showed pictures of the existing trailer and
described his proposed addition of a living room and bedroom across
the front with an A roof over the entire structure .
On question of Chairman Amato, the Secretary stated that her
office had sent notices to all neighboring property owners .
No one appeared in favor of or in opposition to the application.
On motion of Mr . Brown, seconded by Mr . Heath, the Board
unanimously approved the application.
4 . VA-73-16 , Joseph W. Wright $ Frank A. Kessler, applicants
requests the Board of Zoning Appeals of Albemarle County
to grant a variance of 30 ' from the required 30 ' set-
back of a business sign in a B-1 Business Zone . Property
is situated on Route 29 and is described as County Tax
Map 45-B-1 , Parcel 10B (part thereof) , block A, Section D,
Charlottesville Magisterial District .
4
159
Chairman Amato asked that the record show that he disqualified
himself and asked Mr. Bain to act as Chairman.
Mr. Frank Kessler, representing Real Estate III , appeared
before the Board.
Mr. Kessler stated that the Variance was requested for the
location of the sign for the new Real Estate III office building;
that due to the unusual width of Route 29 right of way, if the sign
is placed 30 ' from the right of way as required it would be against
the building.
Mr. Kessler showed pictures of where he proposed to erect the
30 square feet sign.
On question of Mr. Brown, Mr. Kessler stated that if, in the
future the highway was widened the sign would be moved back.
Mr. Roundabush stated that the state acquired the unusually
-)wide right of way at that point in order to cut down the high
slope which existed .
Mr. Kessler stated that they had dedicated 18 ' for future
-development .
No one appeared in favor of or in opposition to the application.
On motion of Mr . Brown seconded by Mr. Roundabush, the Board,
with a concurring vote of 4 granted the Variance.
There being no further business to come before the Board the
meeting adjourned at 6 : 05 .
rif
Respectfully submitted
Mrs . Ruth. Miller
Secretary
ALBEMARLE COUNTY
20
•
1 ,,,, ,:„..,,,
„, __,,,,,i) ,,,:,--Acv
, ...., Th\
/ , „,,,,,,„. .\-9- .... :,
yam,_ •
' �f 4.. LaA• / _ _
-if h��Y 1�,,',• /
2 ^; \ / CA yl-E LOT
42 .B Src!r_f N*) a
9 _
_ —
\ /� SC�
-71.--.N4 /\
- /58
4 __. iftP
• , .,. .
, .-4 l ,9N 1 �2 A9J / cZ"
1• '\ \"S / li; '\ 228
31 \ �' 22L 22•
PI
f Ej / 2PI //\ 9C Q` ry�l `••a
`J-`/AC- �-- 22
7
‘.‹.
/L • 220 - 20e....›.
1D 4. 1 �•yC,,
90
e„..
,.„,.. 17D J/� �/ __/. ! ) /\/ 23
\ - , ,
/11\ I =ii/ ` 2 2N
110
II / -, 24
, ; . 66A - of 17 ' 19 z
// IIA • / 15 N lki. / It ' 20C Niv� 21 p
mil �` \` jj�/�. en- e *0
/ A 4� I /SECTION 32Q- 9 /
/ ? T, fi l ' ,�i%% 29I
"� s ,
�a »�jj Rig 9j .
66t \ n./, i 4 %4
w' /)- 2D 29J 29A
_ /� A.APOT 4CRE5rf
' /99Aj///� / //ice - 29B
i661 ,....---/... -..?s,,,;- k /
\ i .*:. .........„../71.....,...........4 3 C
, \ . 29 14 IIV 24
49 ,,,:...-„, ,
•\'• \ ••\4\''' ' 's -\ ?tp /
• , f5 F" 16 ti •FT
3
•
\
/ ' /
n63/ 57 ,. • 56 Y. / n •',ice• / / - 2" .
43
i
�,� ' ! . V / 4�, 'Cl '' L /3a ( 3 � • [M j - !; 5 ?- D •
45 p .
P7 s
mi.- _4 , 63 • . ' •l 'Ilopir .\51. 42 .. <: *.4.. .
SCALE IN FEET 46 14
16100 0 �� RIVANNA DISTRICT SECTION A7
. ALBEMARLE COUNTY ` •'
/
3 / rtb1;04; s:
LA.,4111 i--.k 1 ,-, ..! (22
•
04471:5t , tZle II . . 'J'
19 A .... :A , /. :t7 ilttegi .
..
...
,^ q
i le . WV in
eEcrr�I
F41111Atill" ' , ill/IMIC 7 •%11 d
,. , 0 3,6- i..k. 400
,p,„Vw,1
„A
\ SEC tiw 1.\\
,a _
4#
..„cvz,ip 1110,, ,
7151
''''' S ,.. `i's ,":// ot \
� -\ .--'-- .
:' 48siagir'l ill
7 `, ,.%*.- \
ate OW`-```
-: .-: )(--7
lir
' . ___
---*' ''‘' . .'''' Ni;gam'
r :•#;,,uir..; - _s-.
Q' ' ,60 z%' ��/ � CITY 62I" �� Or
uIARLO*TTIVI u -0-•►����
131F
r!/ j 1 SC;3x -
. PI ./ \‘‘,40;:kft„
111111•1 "s s s I 4/ill
IA . i ,,,,,,. t, ., . ,,
li '..:..:;,4 > .— !.....-
. .
— -- - —— / \ I cs pu aprr N
41. .. likt,if., .'
Air/ 1/.
,_ A . _gwirir , , _______,_,_.;.„.„2_12_,20,_ _.
v , „ , 1
, 4,
*7/ raitiL,
mmi,kk, _ ,.. ti.
I/ __ _ -----7-
SCALE IN FEET 77
1600 0 1600 CHARLDTTESVILLE DISTRICT SECTION 61
6 =cam _ - -- =
ALBEMARLE COUNTY
t
e
•
4(/ly
• )
u %� , 4s
• „ \ /' / g
b 1, ��
. • N 4" ;1
13 ,T
,• A. M
• • a.
sb Y. . b
"4cF e 1•n I 7 \
,, , 30 •
. I; A 31 ,
ff .'! •
: M - ri a s • •
t •
4 $0 fT (_f Elk 11"/ •
•
i is • 1s �s� ' . ,
g µ T M�
nlair ,
. l'Il s
kt., 4,
s .
♦te 4. s
of ••
ly
.1 0 7 Q.)* Illril*1\ „,/
, , ** 4,,
/ 8 * ority,,,,.
,., 4 ..
/ . f , - . 0 gyp,,,
1111
\ y t7
'L N S I ; BERKELEY COMMUNITY SECA. O.P.'37, Pgs.336.337
%'� fs `� 20 U BERKELEY COMMt,NITY SEC-2. 0.8.
fr W
f woo i 0 BERKELEY COMMUNITY SEC.3.0B.3b0,13gs.1 4A.I4418
$ sita%°0 BERKELEY CO14.I\,1UN.TY SEC.4 3.33r3P979
0 0ERKMAR 0.8.398 P9.5OI (U)
6,V.A_ sill
SCALE FEE
550 0 '' 550 CHARLOTTC ALA DISTRICT SECTION 61—M.-U
THIS IS TO CERTIFY THAT ON " MARCH 15, 1973 , I SURVEYED THE PROPERTY SHOWN ON
THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE. BUILDINGS ARE SHOWN HEREON.
, 1.1Zz Er L)%,1�.li!�+
CHARLES E ECHOLS, C. L.S.
04 E
P
51 of
. .r
U.
.5' �3 •
9
O .
N a
5
N4' ' 0*'4 J.,..
N.
L O r / �� '� ,�a°
• / fo 0
N yR
m s
.e
t`\ � o
\ b /
i� 'It /NCO t
30' Building 6
Lino -- -' ----- -- - .- - - b
h
y
''t 0 w
f010 O0Oh
Q97j ' To __ /40 O' O \
Commonwoo/lA Dr N 3/ 3 W
—7'.7: 7------7'"."--:.4-,--__ . ..._ , .. . lz____7,__, , ,. ______,_________
r/
r? DO. .
O ON o D R / V .F o
h ,.
•
. ' ti ' . .
PHYSICAL SURVEY SHOWING
LOT IA - BLOCK 2 - SECTION ONE
BERKELEY COMMUNITY
scat *: I " = 308 ALBEMARLE COUNTY , VIRGINIA March 15, 1973
•
B. AUBREY HUFFMAN & ASSOCIATES
CIVIL ENGINEERING AND LAND SURVEYING
CHARLOTTESVILLE VIRGINIA ,
Soother* Hato Mot&Sam*Coq $rNYrme, N.C w s ow