HomeMy WebLinkAboutVA197300013 Application 1973-04-12 Appl i catQn for Va r i a is a or
Special Exception
.
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
\RIANCE NO. VA 73-I. The undersigned applicants (are) the owners of the
following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE
APART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE`TO NEAREST ROAD INTERSECTION.
Rt. 706 and 631 frontage 1896' richt side 606'
DIMENSIONS OF SITE MUST BE GIVEN rpar width 325' 1 pft side 1332'
William H. Loeser, Sr.
A/We a l, i aser respectfully request the Zoning
Administrator of Albemarle County, Virginia to grant the
Variance or Special Exception stated below in the Charlottesville
Magisterial District and described as County Tax Map 89
/ Parcel 82 containing 6_4 acres and zoned A..1 . .-, .
� rN' �/Appli�0Z.
Signature V Date 12 April, 1973
The petitioner request that the Zoning Administrator grant:
A variance as to the site of a mobile home placed 5' too
close to the road right-of-way on Rt. 631 and 12' too close
to the rear property line. Compliance should be in accord
with section 2-3 and 2-5-2 of the Albemarle County Zoning
Ordinance. Inspector indicated figures as onyl'ey bat ' stimates,
therefore no actual measurement has been made as of tnis date but
The applicant make this request because: is forthcoming from surveyor.
Trailer dealer determined placement of mobile home and most
all acts have been accomplished to make it into a semi-
permanent place of abode. This hiahlv rural area is not at
this time developed on a high residential basis nor in the
foreseeable future but if and when such occurs said mobile
home could be moved if in the public interest. Extreme hardship
would result because of substantial work having been done in the
Action Taken by the Zoning Administrator: immediate area of mobile
home such as septic system,
Approved Denied Signed drive, foundation, etc.
— — ————-- -- 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 special exception as stated above.
Applicant Signature
Address
Phone Number
ACTION BY THE BOARD OF ZONING APPEALS
DAT APPROVED DENIED
Appl i catn for Va r i a e or i
Special Exception
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
\RIANCE NO. 1 7J- The undersigned applicant s Ware) the owners of the
eV following following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE
APART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE-TO NEAREST ROAD INTERSECTION.
Rt. 706 and 631 frontage 1896' right side 606'
DIMENSIONS OF SITE MUST BE GIVENrear width 325' left side 1332'
William H. Loeser, Sr.
2/We Mary Lucy Loeser respectfully request the Zoning
Administrator of Albemarle County, Virginia to grant the
Variance or Special Exception stated below in the Charlottesville
Magisterial District and described as County Tax Map 89
A/2!/ Parcel 82 containing 6.4 acres and zoned A-1 •
' GZ :5 ��o� ;a ear
Applic t Signature Date 12 April, 1973
The petitioner s request that the Zoning Administrator gr t:
A variance as to the site of a mobile home placed too
close to the road right-of-way on Rt. 631 and 12' too close
to the rear property line. Compliance should be in accord
with section 2-3 and 2-5-2 of the Albemarle County Zoning
Ordinance. Inspector indicated figures as only "eyeball"
estimates, therefore no actual measurement has been made as of this
The applicants make this request because: date but is forthcoming.
Trailer dearer determined placement of mobile home and most from
all acts have been accomplished to make it into a semi- sur-
permanent place of abode. This highly rural area is not at veyor.
this time developed on a high residential basis nor in the
foreseeable future but if and when such occurs said mobile
home could be moved if in the public interest. Extreme hardship
would result because of substantial work having been done in the
Action Taken by the Zoning Administrator: immediate area of mobile
home such as septic system,
Approved Denied Signed drive, foundation, etc.
-- - -------- - 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 special exception as stated above.
Applicant Signature
Address
Phone Number
ACTION BY TRUE BOARD OF ZONING APPEALS
DATE APPROVED- DENIED
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Planning Department -
411 EAST HIGH STREET
CHARLOTTESVILLE. VIRGINIA 22901
JOHN L. HUMPHREY A.RUTH MILLER
COUNTY PLANNER
ZONING ADMINISTRATOR
ROBERT W. TUCKER.JR. September 25 , 1973 MARY JOY WHITE
ASSISTANT COUNTY PLANNER
SENIOR PLANNER
Mr. William H. Loeser, Sr.
Rt.1 , Old Lynchburg Road
Charlottesville , Virginia 22901
Dear Mr. Loeser:
Please be advised that the trailer which you have
located on your property is still in violation of the
35 ' rear yard requirement as set forth in the Albemarle
County Zoning Ordinance .
Please arrange to move the trailer to comply with
the 35 ' rear yard setback within ten (10) days of the
date of this letter or it will be necessary to turn the
matter over to the Commonwealth Attorney for legal action.
Sincerely,
i
Ruth Miller (Mrs. )
Zoning Administrator
RM/bc
cc: Walter Smith
6hn L. Humphrey
T. M. Batchelor, Jr.
MINUTES , BOARD OF ZONING APPEALS - May 22 , 1973
This was a special meeting of the Board of Zoning Appeals , held do
( Tuesday, May 22 , 1973 , at 5 : 30 P .M. in the Board Ro
om of the County
Office Building .
Members present : Savory Amato , Chairman, William Roudabush , Harry Brown,
E. H. Bain and W. P . Heath. The chairman established that a quorum was
present .
(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 recognized Mr . W. L. Smith , Attorney for the applicant ,
and F . R. Reback, Attorney for residents opposing the application .
Mr . Smith stated that Mr . William H. Loeser , applicant , owns a triangular
shaped lot on which his home is situated at one end and the trailer in
question is placed at the other end ; that the area is strictly rural ;
that the company from whom the mobil home was purchased placed it on
the lot in March ; that the Variance request is being made due to the
fact that the robil home was placed on the site in March in violation
of the setback requirements of the ordinance ; that considerable expense
has been Incurred .
On question of Judge Amato , Mr . Smith stated that he has no idea if
MR. Loeser plans to sell his son a lot or just allow him to live there .
At this point , Mr . Smith showed a survey of the subject property with
the location of the mobil home . There followed discussion as to
measuring setback from center line of old. Lynchburg road and from the
property line on Rt . 631 .
(i Mr . Smith then introduced Mr. Loeser , applicant .
On question of Mr. Smith, Mr . Loeser stated that he has owned the subject
property since 1939 ; that his family has owned property in Albemarle
^2
since 1912 ; that the trailer was purchased in his sons name ; that his
son paid $500 .00 towards the purchase of the trailer and he gave 'his
personal check for the balance ; that the Health Department located a
septic tank site on the property; that the road referred to as "Old
Lynchburg Road" is also known as , "Rifle Range Road"; that property
owners above the subject property use that road ; that the road is a
mud hole ; that the Highway Department has not maintained it for the
last 40 years ; that the trailer is on cinder blocks and the septic
tank installation is about 50% complete ; no property is developed in
housing towards Charlottesville except the trailer court ; that it is
his understanding that there are plans to build cottages on property
near the rifle range ; that if , at a later date, the Board finds it
would be in the best interest of the public he would move the trailer
at great expense .
On question of Mr. Roudabush, Mrs . Miller, Secretary, stated that the
applicant was not required to obtain a Special Use Permit since the
trailer was to be occupied by a lineal relative .
On question of Mr . Forbes Reback, Attorney, Mr . Loeser stated that he
and his wife own 6 . 04 acres ; that the trailer is located approximately
1,000 feet from his home , at the very northern end of the property .
On question of Mr . Smith, Mr . Reback stated that he represents Stephen
and Jan Swingle .
Mr. Reback then made reference to the survey done by Mr . Snow which
shows a stream running through the northern end of the subject property
and making a sharp turn into Old Lynchburg Road .
On wuestion of Mr . Reback, Mr. Loeser stated that the State Highway
Department had put a culvert in and diverted the stream when they
built Rt . 631 .
Mr. Reback. then made reference to Section 12-2-2 of the Zoning Ordinance ,
err' —3—
Powers and Duties of the Board of Zoning Appeals .
Mr. Reback introduced his client Mr. Stephen
p n Swingle .
On question of Mr . Reback, Mr . Swingle stated that he owns land
adjacent to the subject property; that he has sold property to Mr .
R. K. Chandler and Mr . Harvey Hague who use Old Lynchburg Road as
the only means of access .
Mr. Samuel Davis Stokes , nearby property owner , introduced into
evidence 5 photographs which he had taken of the subject site 2 or
3 weeks after the trailer had been put there .
Mr. Stokes identified the photos . Mr. Stokes stated that he had started
construction of a fo-urty _thousand dollar home; that he can drive his Pinto
down Old Lynchburg Road withour scraping the bottom of the car.
On question of Mr . Reback , Mr . Stokes stated that the trailer is on
cinder block piers ; that in his opinion, a strong wind would blow it
over; that very little landscaping has been done ; that there is no privy
and he has seen no sign of a water line .
On question of Mr . Reback, Mr. Swingle stated that there are 2 adults
and 2 children living in the trailer ; that the trailer is located about
1 ,000 feet from the Loeser home ; that he observed an open end pipe
coming from the trailer; that he considers the placement of the trailer
a detriment to his . property.
On question of Mr . Smith, Mr . Swingle stated that he had purchased, his
178 acres two years ago for $120 , 000 . 00 ; that he has sold off 6 or 7
parcels ; that he uses Rt . 706 off Route 631 as his access ; that his
house is about 150•, feet from the trailer ; that he has not been to the
Highway Department to consult them about improving the road .
COn question of Mr . Smith, Mr . Stokes stated that he owns 2 .4 acres
about 1/4 mile .south from the Loeser property on which he is building
-4- small
his home .
Dr . and Mrs . S . W. Britton, owners of 75 acres directly across from
the subject property, and 40 acres south, appeared in opposition to
the application .
On question of Mr . Roudabush , the secretary stated that Mr . Loeser
obtained a mobile home permit which does not require that the setbacks
be shown .
On question of Mr . Reback, Mr . Loeser stated that he has a second son
who might make application to place a mobile home on the 6 acres .
Mr . Smith spoke to the terrain of the subject property .
On question of Chairman Amato , Mr . Loeser stated that he did not put
the trailer closer to his house because he has a pony and wanted plenty
of pasture for it and the present location would be closer for his
grandchildren to catch the school bus .
Mr. Smith closed by stating that , in his opinion , it would be orbitrary
to require the trailer to be moved approximately 50 ' south to comply
with the ordinance .
Mr. Reback closed by stating that the Loesers have violated the law on
2 counts ; i.e . , by living in the trailer without sewer and water facilities ,
and by not proving a hardship approaching confiscation as distinguished
from a special provilege sought by the applicant .
Judge Amato pointed out that if the trailer is moved in order to comply
with the setback requirements the Board could not place conditions of
screening etc .
No other persons appeared in favor of or in opposition to the application .
Mr . Roudabush moved that the Board defer action on the application until
its next meeting in order that the Board might look at the property.
Mr. Bain seconded the motion which carried unanimously.
-5—
There being no further business to come before the Board the meeting
adjourned at 6 :45 .
Respectfully submitted ,
Ruth Miller
Secretary
C ALBEMARLE COUN1
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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
.527-- r3 rk/Key a)- 6r1/0/1 0567 x ltoor pct. z z9
4hei4 O. 5 i�i v� 76, cry 2 29o/
p */9 , e'y wes7Ldv,L C',, z ego,
6-7-47 e0/1 4 441go/14, r.
9 - 5-4/He ru• �,-i in
* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
Application Number 0- cc