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Home My WebLink AboutVA197300011 Application 1973-03-29 Appl i cat inn for Va r i a r� e or Special Exception TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA % DIPadaId \RIANCE NO. 0 73-/) The undersigned applicant is(are) the owner_ of the following described property: APR ' 4,973 A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE APART OF THIS APPLICATION. Qua ctl GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION. NJ DIMENSIONS OF SITE MUST BE GIVEN. % ' I/We N.B.E. & S.C.V. Corps. respectfully request the Zoning t'dAdministrator of Albemarle County, Virginia to grant the Variance or Special Exception stated below in the Rivanna , v Magisterial District an• described as County Tax Map 79 \ U\ Parcel 24B/20A cont. ' '• g 26.0 acres , d zoned R-3 - _, . �b, Applicant Signatu•"f !_ / Date Z, 1 �� 4 . t The petitioner f-que that the Zo " g Administrator grant: a building permit and accept the site plan attached for the �j development as described thereon. q0 ) �' = The applicant make this request because: ! ve feel that the term, vertical wall, does not mean "vertical" in a continuous plane along an axis. See A. Definitions (1) Dwelling: Town House Appendix to ro„nty of Albemarle Zoning Ordinance. Action Taken by the Zoning Administrator: ' 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 vari• -ce or special exception as stated above. Applicant Signatur= , 44, /G4.0.0. Address 40 - 108 Se•.nd St —t, N.E. Phone Number 296-4145 ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED NAY OF ALazA,, G r 4• _� • Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 May 16 , 1973 Mr. Henry Maclin . P. 0. Box 1563 Charlottesville , Virginia 22902 Re : Interpretation "Vertical Wall" Dear Mr. Maclin: Confirming our conversation of last week, it is my opinion that your interpretation of the term "continuous vertical wall" is correct . As long as a wall is vertical and is without open— ings from basement floor to roof , it complies with the definition as set forth in the Town House Appendix of the Albemarle County Zoning Ordinance. I reiterate , such walls should be fire walls . For your information, I have received complaints from tenants who reside in Westfield Apartments about the lack of insulation _ in certain apartments causing not only discomfort but unusually high electric bills . As you know, Albemarle County has no building code at present , therefore such matters are left to the discretion and integrity of the builder. I would appreciate your looking into the matter to help me eliminate complaints . Sincerely yours , Ruth Miller (Mrs . ) Zoning Administrator RM/blc cc: Judge Amato v11411 OF ALBEA @III COUNTY OFFICE BUILDING CHARLOTTESVILLE, VIRGINIA 22901 MEMORANDUM DATE: May 8, 1973 TO: Ruth Miller, Zoning Administrator FROM: John L. Humphrey, Director of Planning and Zoning SUBJECT: Interpretation of a "Vertical Wall" as It Relates to . "Townhouses for Sale" Under the Townhouse Ordinance In summary, the applicant is appealing my decision that a continuous vertical wall as referred to in the "Townhouse Ordinance" under Section 14A (1) of the Subdivision Ordinance and as permitted in an R-3 zone under the Zoning Ordinance; is a wall running in a straight line from the front facade of a dwelling to the rear facade of the townhouse structure without angles. The intent of the ordinance when adopted was to cater to conventional townhouse development as we presently know it. However, in consultation with the County Attorney prior to making the above decision, we both agree that there is sufficient basis to question my interpretation of a vertical wall as it relates to townhouses , and he recommended that it be taken to the Board of Zoning Appeals for permanent clarification. Yfi( e) /J hn L. Humphre Y OF ALB ‘PI �Mq 00 Planning Department JOHN L. HUMPHREY COUNTY OFFICE BUILDING COUNTY PLANNER CHARLOTTESVILLE. VIRGINIA 22901 April 25, 1973 Peter Manson Route 2 Charlottesville , Virginia 22901 Re: Zoning Violation #V-73-11 Dear Mr. Manson : On April 25 , 1973, a contractorts foreman made application to this office for a building permit in your name for the con- struction of a two family dwelling on a parcel of land located on the West side of Route 821, approximately one quarter mile North from its intersection with Route 671 and in an A-1 zone . The permit was denied on the grounds that a two family dweling is not permitted in an A-i zone unless a Special Use Permit is granted by the Board of Supervisors as set forth in Article 2, Section 2-1-25 (34) . You are hereby notified to cease and desist all construction on the subject site until you have complied with the requirements of the Albemarle County Zoning Ordinance. It is suggested that you visit this office by or before Wednesday, May 2 , 1973. Sincerely yours , Leez- 2 Ruth Miller ( s .) Zoning Administrator RM/bc cc: Don Woodson George St. John Steve Helvin Joseph T. Henley, Jr. T. M.icran L. Humphrey Novi GRIGG, WOOD, BROWNE & WILLIAMS, ARCHITECTS MILTON L. GRIGG P.A.I.A. ELDON P. WOOD A.I.A. HENRY J. BROWNE A.I.A. GEORGE L.WILLIAMS A.I.A. March 29, 1973 Mr. John Humphrey, County Planner County Office Building Charlottesville, Virginia RE: Collina Dear Mr. Humphrey: I am enclosing a request for clarification of the definition found in paragraph A, sub-paragraph 1 of the Appendix of the Albemarle County Zoning Ordinance along with the necessary drawings in order to determine the interpretation of the zoning administrator with reference to the ver- tical walls contained therein. We feel the modification shown on the enclosed sketch would comply with the regulation in all respects. I would also like to state that the advent of the Modular Home is here and being manufactured locally and portends a necessary change in the zoning ordinance similar to the draft copy of the Modular Home Ordi- nance prepared by your staff quite some time ago. I am attaching a copy of the front sheet of the draft ordinance for consideration as we, feel some action is necessary, not only to encourage a local manufacturing firm, but to place within the reach of 70% of our citizens a home which will appreciate, not depreciate as a trailer does on this particular mar- ket. I trust you will give the necessary consideration to this application. Sincerely, GRIGG, WOOD, BROWNE & WILLIAMS By • 41 % Henry + . Bro - HJB:nkf Encl. cc: Mr. Edelson Mr. Shaw-Kennedy Mr. Maclin Mr. Conte Mr. Barnes Mr. Long In reply please address: ]404 EIGHTH STREET, N.E. CHARLOTTESVILLE, VIRGINIA 22901 TELEPHONE 703-296-9121 ❑6000 STEVENSON AVENUE ALEXANDRIA, VIRGINIA 22304 TELEPHONE 703-751-2321 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 • 79 / '1 4 ed_c_v_ztif2, 3 A a� ,72 AkryL-e 4,1w-eft,j ;:)-D-ct 7 0 1 V 100. , 4 d ‘4,( / 7 pn , 2- 44 ,c—, * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number VA - 73: "/ . c3. 79— tic/6 -0/19 r p 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 lk, pys,e ) 4itlk 14-4 7 c 3 e ) 12,, 4--7, J S lea 2, , 2- _ei `10 U * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number 79- 0-4 - a v 14 3. VA-73-11 , Henry Maclin, Jr . Applicant requests the Board of Zoning Appeals of Albemarle County to overrule the decision of the Zoning Administrator relative to the administrators interpretation of continous vertical wall relative to the separation of town house units , as found within "the townhouse ordinance" under Section 14 subsection A (1) and to accept a site plan for development , on property in an R-3 Residential zone described as County Tax Map 79 , Parcel 24B/20A. Mr. Maclin, applicant , and Mr. Steve Helvin, Attorney representing opposition appeared before the Board . The secretary read a memo from Mr. Humphrey, who was acting Zoning Administrator , summarizing previous action. The Chairman read the definition of townhouses from Appendix Section 14 , A, (1) of the Albemarle County Zoning Ordinance . 153 -4- Mr. Maclin stated that his company is in the construction business , building houses as inexpensively as possible and still maintainqualty; that following the present interpretation we are put in a position where we must build a box that is 24 ' in width; while in modulor construction we must build units 12 ' in width, since that is the maximum width the Highway Department will permit us to transport on the highway , which does not qualify under the ordinance . Mr . Maclin then showed a plan which they proposed making the house longer varying the wall, making the unit 12 ' wide, putting an alcove of 8 ' , giving the required 20 ' wide lot . The question is does the wall on the plan qualify as a "continuous vertical wall" . Mr . Dick Funk, associate with builder of the townhouses , appeared before the Board stating that , in his opinion, there are undue restrictions being placed on their product ; that he feels they are providing , under the spirit & terms of the ordinance , as good , if not better living arrangements than if the built houses with the 20 ' frontage that the 20 ' frontage figure is orbitrary . After discussion of the requirements of the ordinance Mr . Steve Helvin stated that he was of the opinion that the Board needed more background on the subject in question . Mr . Helvin pointed out that at the time of the first application there was a sales contract between Mr. Maclin' s corporation and the owners that the Variance to lot width was denied by virture of a 2 to 2 vote and the case is now pending in Circuit Court ; that the. contract has now been rescinded and therefore , the present application is premature in his opinion . There followed a discussion as to Mr. Maclin' s standing . (I, Mr. Maclin stated that his company no longer has a contract on the subject property , but would like an interpretation of the ordinance before 154 -5- • entering into another contract either on the same property or another tract . Rollowing furbher discussion the Board took the following action : On motion of Mr . Bain seconded by Mr. Heath , the Board unanimously granted the applicant 's request to withdraw without prejudice . There being no further business to come before the Board the meeting adjourned at 6 :45 P .M. Respectfully submitted, Ruth Miller, Secretary t 1 f xIb , a t" t[ ++ , f , { , L a.�:=� �"�=..•�tq�;i� 1 ~� ; �� I '�-�'r��: ��'�, i.-,'�«-^Yi�iM s � .�. "3 F'_, i. i ! f -^�"`A r �r V -1 . J(