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TO:THE BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY,VIRGINIA
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.
In .."461Thill..A.6. Magisterial District
The petitioner2request_.that the said Board doth grant:
� 3PPE"Ci A E?t C P 1"i cvv %o A t-LovtJ A LO
p 0. 60 Act. i1.3 To RE per> QFF OF
A T .ACT 7% TALI x.,G- i, H7 Acg.E6 tr., A,., A-I A Jc�I1nJt21 �, ZfX.tC�
The applicant_make_this request because:
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L'SEE AT CI -E1) AFFIDANiiT")
dam April 12, 19-11
The person_and (his) (her) (their) address_owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-way from such property. In the event the property affected is situated at or within 100 feet
of the intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights-of-way of any two railroads, give names of property owners at
all corners of any such intersection).
Name Lot or tract Mailing Address
)
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
J4fleI b I , )
Applicant_ L"'"? 4' '17I.4I‘1 P ►Vl)( )
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Subscribed and sworn to be ore tTe-th+ss_ a of 19
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My commission expires _19
Notary
Adjacent Property Owners : Phillip & Lucy Wood
Map Parcel Owner
103 34 Monticello Slate
103 49 Sally M . Jones
103 49A W . A . Harlow &
Raymond L . Spradlin
103 51B ( Lot C) James & Mabel Jordan
103 51C W . A . Fitchett , Etal
104 3 Monticello Slate
AGENDA
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
July 13 , 1971
1 . Call to order .
2 . Establishment of a quorum.
3. Approval of Minutes : June 15 , 1971
4 . Public Hearings :
1 . VA - : i -07 . William U . Talbott . Applicant requests
that a variance or 2 feet he granted to locate a
sign on Route 250 West . This is in a B- 1 Zone and
is described as Tax Map 60 ( 2B-3) , Pare l 40C . Charlott-
esville Magisterial District .
2 . VA--71 --08 . Special Exception . Phillip and Lucy Wood .
Applicants wish to al i o`; a lot of 0 . 60 acres .i n size
to be divided off f of a tract totaling 1 . 87 acres in an
A-1 Zone . This property is located on Tax Map II3
Parcel 51 . Scottsville Magisterial District .
3. VA--71 -09 . John B . Sims . Applicant requests that a
variance of 2 . 7 feet and 1 . 6 feet from the corners
from the minimum setback of 30 feet . Property is
described as Tax Map 61 M , Block 7 , Section 2 , Lot 6
in Berkeley . Charlottesville Magisterial District .
4 . VA. 71 -10 . Greenbrier Limited Partnership . Applicant
is requesting the Board of Zoning Appeals of Albemarle
County of overturn a decision by the Planning Commission
of Albemarle County as it ruled on a site plan on June 21
1971 on a 60 foot setback rather than the proposed
45 foot setback as set forth in that site plan . This
proper;,' which contains 10 . 33 acres is located in the
South/Fast quadrant of Route 656 ( Georgetown Road ) and
Route 743 ( Hydraulic Road) on propi rty zoned R-3 and
is described as Tax Map 61 , Parcel 42 . Charlottesville
Magisterial District .
5 . Old Business :
6 . New Business :
7 . Adjournment :
June 15, 1971
This was a regular meeting of the Albemarle County Board of Zoning Appeals
held on Tuesday, June 15, 1971 , at 5:30 P.M. in the Board of Supervisors meeting room
with the following members present: Savory Amato, Chairman; Herbert Pickford,
)
Vice-Chairman; Harry Brown, E. H. Bain. Mr. Brown and Mr. Bain attended the
field trip held at 4:45 P.M.
The Chairman established that a quorum was present. The minutes of
•
the April 20, 1971 , meeting were approved as submittbd.
A. VA-71-04. Loren C. Orange. To request a variance of 20
feet for a sign installed by USRY Inc. Sign is located in a
B-1 Business Zone, on Tax Map 61 , Parcel 120R. Charlottesville
Magisterial District.
The staff made its report on the sign variance request. Mr. Loren C. Orange
representative of USRY, Inc. , stated his reasons for wanting a variance. He
stated that due to trees on State Highway right-of-way that no one could see
the sign unless it was very near Route 631 (Rio Road).
Mr. Brown and Mr. Bain stated their opposition to having a sign closer
than fifteen (15) feet but would agree on a temporary variance.
Mr. Brown then made a motion to grant the variance for one (1 ) year
time period with it being renewed by the Zoning Administrator each year until
Route 631 is widened. After widening of Route 631 , permit is to be voided.
The motion was seconded by Mr. Bain and carried unanimously.
B. VA-71 -05. William E. Durrett. To request a variance of 25 feet
for a Pole Barn. This property is described as County Tax Map 69,
Parcel 46, located on Route 637 just east of 758. This is in an
A-1 Zone. Samuel Miller Magisterial District.
The staff made its report on this variance request.
Mr. Durrett explained his situation and why he had built this structure
with no permit. An error on the application was corrected from a twenty-five
(25) foot variance request to a five (5) foot request.
Page 65
It was then moved by Mr. Pickford and seconded by Mr. Brown that a five (5)
foot variance be granted. The motion carried unanimously.
C. VA-71-06. 011ie Fitzgerald. To request a variance of 10 feet from the
minimum side yard requirement as found in an A-1 Zone. The property is
described as County Tax Map 32, Parcel 4(4) located on Route 606. Rivanna
Magisterial District.
The staff made p brief report on the necessity of this variance request.
Mr. Fitzgerald reported that he was under the impression that setbacks on a non-
conforming lot were exempt from the Zoning Ordinance.
After a short discussion to clarify this , a motion by Mr. Bain to grant an
eight (8) foot variance on the south side of the proposed house and a ten (10)
foot variance on the north side from the minimum side yard requirement of twenty-
five (25) feet was heard. It was seconded by Mr. Brown and carried unanimously.
There being no further business , the meeting was adjourned.
Secretary
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149
PETITION OF GREENBRIER LIMITED PARTNERSHIP
TO: The Board of Zoning Appeaisof Albemarle County, Virginia
The undersigned, Greenbrier Limited Partnership, by
counsel, respectfully petitions the Board of Zoning Appeals of
Albemarle County, Virginia to reverse and set aside the action
taken by the Planning Commission of Albemarle County, Virginia
at its meeting held June 21, 1971 in requiring a sixty (60) foot
srt.back rather than a forty-five (45) foot setback for all
structures from the right of way of State Route 743 (Hydraulic
Road) as a condition to the approval of petitioner's site plan
for the development of 140 apartment units on land situated at
the intersection of State Route 743 and Georgetown Road, known
as the "Peyton Property, " and in support of its petition repre-
sents as follows :
1. (a) Section 6-3 of the County of Albemarle Zoning
Ordinance is as follows :
"SETBACK REGULATIONS
All structures, except signs advertising sale
or rent of the property shall be located thirty
(30) feet or more from any street right of way.
(b) Section 11-6 of the County of Albemarle Zoning
Ordinance is as follows :
WIDENING OF IIIG}rWAYS AND STREETS
Whenever there shall be plans in existence,
approved by. either the State Department of
Highways s or by the governing body for widening
of any stro t or highway, the Commission may
recommend additional front yare setbacks for
!I
any new construction or for any structures
altered or remodeled adjacent to the future
planned right of way, in order to preserve
and protect the right of way for such pro-
posed street or highway widening" (emphasis
supplied)
(c) Although traffic studies have been conducted and
requests made to the State Department of Highways for widening
and improvement of State Route 647 (Hydraulic Road) there are no
plans in existence approved by either the State Department of
Highways or by Albemarle County for widening the same in the area
proposed to be developed by petitioner.
(d) The nature of the terrain and of the curves which
should be eliminated in any improvement of this section of
Hydraulic Road are such that most of the land required for that
purpose would inevitably come off of properties on the opposite
side of the road from the proposed development, or if there
should be objection to that, it is quite feasible for the road to
be re-located to run to the northwest of and in the rear of
existing residences which would otherwise have property taken
off their front. Even if an equal amount of right of way were
required from each side, assuming improvements consisting of four
12 foot lanes, a 16 foot median strip, 5 feet of curbing and 10
feet of sidewalks, the building line of the proposed development
would still be 25 feet off of the right of way with another 72
feet of sidewalk and curbing between the property line and the
paved surface of the road.
(e) In any event a limitation of the setback require-
ment to forty five (45) feet from the edge of the existing right
+' of way is fifteen (15) feet in excess of the thirty (30) foot set
hback required by the zoning ordinance, and is substantially more
than existing set back requirements for many other structures
located on Hydraulic Road, between State Highway 29 and the
Georgetown Road!.
(f) The Planning Commission of Albemarle County
exceeded the authority delegated to it under the County of
Albemarle Zoning Ordinance in requiring more than the set back of ,
forty-five (45) feet provided for in the site plan proposed by the
petitioner. As set out above, Section 6-3 of the ordinance
specifies a set back in a R-3 District of "thirty feet or more. "
This means that any structure must be thirty feet from the right
of way line. It may be more than thirty feet from the right of
way line if the builder wants it, but in the absence of an amend-
ment to the ordinance, the maximum which can be required is thirty
(30) feet. If the Planning Commission is of the opinion that this
is not enough of a set back requirement, there are means by which
the ordinance may be amended (see Article 14 of the Ordinance) ,
but in the absence of a duly adopted amendment the Planning
Commission is bound by the ordinance and a mere policy adopted
by the Planning Commission purporting to require an additional
set back along Hydraulic Road is not sufficient. Were it other-
wise, no one acquiring any property in this area could do so
with any certainty as to what might be required not only as to
set back regulations, but as to area regulations, frontage regula-
tions, yard regulations or anything else.
•
2. A check in the amount of Twenty ($20.00) Dollars pay-
liable to the Director of Finance, Albemarle County is enclosed
Wherewith, and a copy of this petition has been this day mailed to
the Secretary of the Albemarle County Planning Commission as
required by Sections 12-4-1 and 12-4-2 of the ordinance.
3: Petitioner is advised that upon filing of this
petition by the 29th day of June 1971, and upon publication of
notice of this appeal in the manner required by Section 12-5 of
the ordinance that this petition may be heard and acted upon by
the Board of Zoning Appeals at its meeting to be held on July
13, 1971.
Accordingly, this petition is filed herewith on the 29th
day of June 1971, and petitioner prays that publication of notice
of a public hearing of this appeal to be held on July 13, 1971, be
given in the manner required by Section 12-5 of the ordinance, and
that this appeal be heard and acted upon at that time.
Respectfully submitted this 28th day cf June, 1971.
GREENBRIER LIMITED PARTNERSHIP
BY // /i / )\V. R. Shackelfor , J of counsel
SHACKELFORD & ROBERTSON
P. 0. Box 871
Orange, Virginia
Counsel for Petitioner