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HomeMy WebLinkAboutVA197500005 Application 1975-01-28 Applicat �,,,,� n for Vari ate,, : e or • Special Exception . TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA ARIANCE NO.VA- 15-(° The undersigned applicant is(are)- the owner of the following described property: A PLAT OF TIIIS PROPERTY MUST BE ATTACHED HERETO AND MADE • A PART OF TIIIS APPLICATION. GIVE LOCATION BY REFERENCE-TO NEAREST ROAD INTERSECTION. DIMENSIONS OF SITE MUST BE GIVEN. /. ( h t, c - i, U,Ci 1c il'►respectfully request the Zoning Administrator of Albemarle County, Virginia to grant the Variance or Special Exception stated below in the Magisterial District and described as County Tax Map pt,� Parcel 3 c containing . 3 S A acres and zoned ,a._ f _ . Applicant Signatur': t. Arry•Date f The petitioner reLtquestS that / he Zoning Administrator grant}:- 7t V rc`0...C.ti T J -�2 i�qq.*� -lb s�^¢L uJw41 k�-i ,.t da. ,•4.-u(?�f�nn�� .G.x.„. 5 ti .�"s '' oK dZ��. sV tt. P�11:w, 0 friti... c&c-J -I" i...0 a --�e_S.cfl2..ti_ ` a. S.-.: yy yy a-4 air Q at-7 (Pr`4 e..7 /d"i is I Gzcs -t��C. AL f The applicant make this request be� use: . •___ _L=_, fej:J--/--,„ 7„,_, ze,-,2 cf-L.OL-1..4- Lc /� 4 F.L.:44. ' Action Taken by the Zoning Administrator: . Approved Denied i��'" Signed �� t-4. iick Lei,✓`' -- ----------- -TO: THE ALBEMAWLE COUNTY BOARD OF ZONING APPEALS—— — — — —— ----— — Date I/W'e hereby appeal th J 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 tl,, t-J, -,1, /, _ • L. Phone Number 17.7 --• G411 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 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 Hartwell H. Gary, III 65 35 Donald Stevens, Estate of - Lowe & Gordon 1111 West Main Street City 65 36 Donald Stevens 65 36A Donald Stevens 65 31B Donald Stevens Box 151 65 34 Bishop, Early L. & Adria 0. Keswick, Virginia 22947 230 Shamrock Road 65 31C Spicer, Thomas E. Etal. City 22901 • * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, ' CONDITIONAL USE PERMITS • Application Number VA-75-05 Estate of Donald Stevens *taw . 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 • 65 32 Spicer, Thomas E. , Etal.• 65 50 Wilcox, Mack R. Cismont, Va. 22928 65 49 Jones, Entuna J. Cismont, Va. 22928 65 51 Stevens, Donald 65 53 Jones, Emma J. * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS • • Application Number VA-75-Q Estate of Donald Stevens ‘)t4IN( OF AL.BE.A,q r.,► O �y OF AGgF 4%4%6 O IS\ Planning Department 411 EAST HIGH STREET JOHN L.HUMPHREY CHARLOTTESVILLE. VIRGINIA 22901 A.RUTH MILLER COUNTY PLANNER December 10, 1974 ZONING ADMINISTRATOR ROBERT W.TUCKER,JR. MARY JOY SCALA ASSISTANT COUNTY PLANNER SENIOR PLANNER Mrs. Donald G. Stevens RFD 1, Box 277 Keswick, Virginia Re: Zoning Violation V-74-70 Certified Letter 906402 Dear Mrs. Stevens: On December 2, 1974, Mr. Andrew D. Evans, Zoning Inspector, visited your property which is located on the south side of Route 600, one-fifth mile from the intersection of Route 600 and Route 231 near Cismont. Mr. Evans found that the stable for which you obtained building permit number 74-614 for the purpose of converting the stable to a workshop is in fact now a dwelling which is occupied. Please be advised that the property owned by you which is further described as County Tax Map 65, Parcel 35, and in an A-1 Adricultural Zone, is recorded in the Tax Accessors ' Office as containing only 3. 76 acres. Section 2-2 of the Albemarle County Zoning Ordinance states that the minimum lot area for a single-family dwelling in an A-1 zone shall be two (2) acres. Therefore, the second dwelling constitutes a violation of this section of the zoning ordinance. Also, in making application for the building permit false statements were given and signed by Mr. John Tuck and in my opinion this constitutes a violation of the building code. This violation -has been brought to the attention of the Building Offical. Please contact this office within seven (7) days from the 'r.r ti.rr Mrs. Donald G. Stevens December 10, 1974 Page 2 date of this letter as to your arrangements 'to vacate the second dwelling. Sincerely yours, 4-tiz Mrs. Ruth Miller Zoning Administrator RM/plf cc: Mr. Gordon Wheeler Mr. H. P. Clarke Mr. John L. Humphrey Mr. Robert W. Tucker, Jr. Mrs. Mary Joy Scala LAW OFFICES LOWE AND GORDON LIMITED 1111 WEST MAIN STREET CHARLOTTESVILLE, VIRGINIA 22903 February 18 , 1975 JOHN C. LOWE AREA CODE 804 F. GUTHRIE GORDON III 296-8188 EDWARD L. HOGSHIRE HARTWELL H. GARY. III Board of Zoning Appeals Albemarle County Charlottesville , Va. Gentlemen : I represent the estate of Donald G. Stevens . On behalf of the estate , I hereby file an appeal from the decision of Mrs . Ruth Miller, Zoning Administrator, wherein she has asserted that the use of a building on a parcel of land owned by the estate in Cismont as a residence constitutes a zoning violation . Mrs . Miller has stated that the use of the building as a residence will require a variance , and, at her suggestion, the estate has applied for a variance, the hearing on which application is pending. However , although Mrs . Miller feels that a variance will be granted because adjoining property is all owned by the estate , this application is being filed to protect the estate ' s right of appeal in the event of unfavorable action on the variance . Yours very truly , Hartwell H. Gary, III HHG: sh cc : Mrs . Ruth Miller I V LAW OFFICES LOWE AND GORDON LIMITED 1111 WEST MAIN STREET CHARLOTTESVILLE, VIRGINIA 22903 January 28 , 1975 JOHN C. LOWE AREA CODE 804 F. GUTHRIE GORDON III 296-8188 EDWARD L. HOGSHIRE HARTWELL H. GARY. III Mrs. Ruth Miller Zoning Administrator for Albemarle County Charlottesville, Va. 22901 Re: Estate of Donald G. Stevens Dear Mrs. Miller: This is further with regard to the stable converted into a residence on property belonging to the Estate of Donald G. Stevens in Cismont, Virginia. I would like to here restate and elaborate on my earlier argument that the use of the converted stable as a residence in no way violates the Albemarle County zoning ordinance. Also, because you feel it would be routinely granted and because it would resolve the question once and for all, I also enclose a application for a variance with regard to side yard requirements for the stable. As I stated in my letter of December 18th, Section 16-51 of the zoning ordinance defines the term "lot" such that each parcel acquired by Mr. Stevens that fronts on a road so qualifies. The definition would in no way prohibit the combination of separately purchased parcels to make up a lot, and I can find no authority for the County' s position that such combination of parcels would require a recorded instrument. Therefore, because of the provisions of Section 10-6 which provides that any lot of record at the time of the passage of the ordinance maybe used although of less area than required by the ordinance if the setback and the side yard requirements can be met, the determinative issue becomes this latter condition. Treating the parcels in question as fronting on State Route 600, the stable in question has no difficulty with the setback regulations, as it is situated over 150 feet from the road. The rear yard, over 60 feet from the nearest part of the back line of the lot, also easily qualifies. Therefore, the only possible 4 r..r Mrs. Ruth Miller Page 2 January 28, 1975 problem must exist with the side yard. Note that, for analyzing the side yard situation, I treat those parcels designated A, B and C on the attached plat as one "lot" . Section 2-5-1 states that "The minimum side yard for each main structure shall be twenty-five (25) feet or more. " Section 16-94-1 would define the "front yard" as that space so designated on the attached plat, and Section 16-94-2 defines rear yard as that part also so designated on the plat. Section 16-94-3 defines side yard as "an open, unoccupied space on the same lot as a building between the side line of the building. . . and the side line of the lot and extending from the front yard line to the rear yard line. Therefore, the side yards are, by statutory definition, only those areas shown by blue crosshatch on the attached map. It is apparent that the side yard, to either side of the stable, extends far beyond the statutory minimum of twenty-five feet from the side of the building. Quite frankly, I do not feel that my reading of the ordinance strains either the language or the intent. My reading requires no implication, only a simple reading and application of the language. Therefore, in applying for the variance as you suggested, the Estate of Donald G. Stevens in no way concedes that there is any need for any variance; the Estate only wishes to resolve the matter in the simpliest manner for all concerned. With regard to the application for a variance, I should like to point out that the Estate owns all of the parcels of property, eight in all, shown on the attached plat, and is also the owner of the only immediately adjacent parcel to those shown, a tract of over five acres adjoining the boundary at the northwest side of the platted parcels. Needless to say, the Estate of Donald G. Stevens, as the owner of all parcels adjacnet to that on which the stable/ residence is located, joins in the application for a variance and urges that it be granted. With regard to side yard setback, I would like to urge that only the owners of those parcels adjacent to that for which a variance is sought have a interest in such variance as only the owners of such parcels stand to be injured. As further background information, I should like to restate that work on the conversion of the stable was begun prior to the death of Donald G. Stevens. After Mr. Stevens' death, it became Mrs. Ruth Miller Page 3 January 28, 1975 apparent that the Estate had one dominant asset to which the creditors could look for payment and to which the decedent' s children and widow must look if they were to get anything from the estate. Of course, this asset is the real estate which is the subject of this letter. Since Mr. Stevens' death, the conversion of the stable was completed as a residence unit to enable the estate to meet its obligation, at least in part, from rental income. Three units of real estate owned by the estate in Cismont are now under lease and a fourth, now occupied by the decedent' s widow, will be leased this summer, hope2ully June 1st. All four units will be leased under an arrangement with a professional property manager. Improvements are being made on the property as funds as available. Because of the costs of my making an appearance before the Board of Zoning Appeals, I again ask that the County take another look at its position in this matter. If the County will insist on its position, I ask that you notify me promptly so that I can file an appeal on the question with the Board of Zoning Appeals. I note that Section 12-2-7 gives me thirty days to file such an appeal after your decision and I first had notice of your decision in reply to my December 18th letter on, I believe,January 17, so my appeal must be filed by February 16. Please verify this date to me. Needless to say, if an appeal is filed, I would hope that an hearing on it would be continued pending the hearing on the variance application as favorable action on that application would moot the whole matter. Yours very truly, tL f $ J V - Hartwell H. Ga y, III HHG: sh Enclosure RECEIVED JAN 3 3 1975 ESTATE OF DONALD G. STEVENS Application for Variance The parcel of property for which a Variance is sought by this application is that parcel designated "B" on the attached plat, being a parcel fifty feet in width with an average depth of approximately 300 feet. This parcel was conveyed to Donald G. Stevens by deed recorded at Deed Book 245, page 553 in the Clerk' s Office of the Circuit Court of Albemarle County. The property in question is located in the community of Cismont, and fronts on State Route 600 beginning approximately 320 feet from the intersection of Route 600 and State Route 22. The parcel in question extends through that the back line of the parcel fronts on State Route 22 . To the southeast side of the parcel in question lies two lots also owned by the Estate of Donald G. Stevens. To the north and west of the parcel in question lie six lots also owned by the Estate of Donald G. Stevens. Aside from public roads, the parcel in question adjoins only property owned by the Estate of Donald G. Stevens. The parcel in question is a part of that designated as Tax Map 065, Parcel 35, Parcel 35 being comprised of six separate parcels, all separately acquired by Donald G. Stevens on different dates. LAW OFFICES LOWE AND GORDONk5) b �� LIMITED ,�II Tl 1111 WEST MAIN STREET 1 / CHARLOTTESVILLE, VIRGINIA 22903 c� JOHN C. LOWE AREA CODE 804 F. GUTHRIE GORDON III 296-8188 EDWARD L. HOGSHIRE HARTWELL H. GARY, III December 18 , 1974 Mrs. Ruth Miller Zoning Administrator for Albemarle County Charlottesville, Virginia 22901 Re: Estate of Donald G. Stevens Dear Mrs. Miller: Since our phone conversation earlier today I have had an opportunity to examine the zoning ordinance. By my reading, the use of the former stable building as a single family dwell- ing complies with the zoning ordinance. I will try to explain my reasoning. Section 10-6 provides that any lot of record at the time of the passage of the ordinance may be used although of less area than required by the ordinance if the setback re- quirements can be met. Section 16-51 gives a very broad de- finition to the term "lot" , and it seems quite clear that there is no restriction against treating three lots as one lot. As you know, the property designated as Parcel 35 on Tax Map 065 is actually six different lots, two of which already contain dwelling units. The lot which contains the stable building has immediately adjacent to it two other lots which contain no dwell- ing units at the present time. If these two lots and the lot containirgthe stable are treated as one lot, the requirements of Section 2-5-1 have been met. I enclose a copy of the plat on • which I have drawn a red line around the circumference of the three lots with a dotted red line between the lots. While the combined lot is of a peculiar shape, this is primarily because of historical accident. It would seem that the principal purpose of the nonconforming use sections is to deal with the peculiar circumstances that arise because of trans- actions predating the zoning ordinance. The combined lot com- plies with the letter of the law and, I believe, the spirit as well. I will be most interested in your comments. I will give you a call when I return on January 7 . Yours very truly, Hartwell H. Gary, III HHG/zrg Enclosure RECEIVED UEC 2 U 1974 /aer -• 2 %e ms sE s- : / - s�T DT6�r/L i29 ( /2, '/'//r/j h /)7atif r //O / /5 )9 ©co u,/G'/ c . / 1,9,k ; /�' ' 1 J. .Fig/ w rnw L o li s/z 4/6. b 7 t. ��- /7/ /7 v - , I 5 -reV t S F 47 A. VIII. ZONING PLAN EXAMINERS NOTES ,,,�, DISTRICT - / ,y�_.-i_�Z�� - , USE &zo.....„4,-2,t-e—.),/.._../ C1 ��r-/11 C SI ,t- is �`,J ,/ /___G Z: c.� Sri`' `� - FRONT YARD . ' 0 . .- . SIDE YARD 6.71 S'-.• SIDE YARD o- S4"..°' • 1L, REAR YARD `) - IX. • NOTES • f" 1 / - IX. SITE OR PLOT PLAN - For Applicant Ilse :,'''e rr. i • _ .,. 7 I. r,,,, � : 7 • N . t . I e, ^ l.": -:. :. ''' .1* 1 \:...\:..'1);t...,\":I-'*:7-.I..'`..fr..-'ill .. i\ .41 • \. ';': r .• )CA FORM APEBP — 669 C1969 BUILDING OFFICIALS A CODE ADMINISTRATORS INTERNr.TIONAL, INC. . . ` z- - nx '11- P "*it :i 1 ` .r' ev 't , ;— 4 4e 41 fir' G. Yn t. } 14 _ , y, r s tiA A t , ... . Vn, . 'A. ., 0 i+ ppl S • • j\ •, r�1 \. , - 't w. , o ' `{ ff. k ,°''''' t't• . 3: „L7/ /9-'e k4de,c7z--4, / q7,5-- /2/1/7 col.c7),t- 77--- arZi-77 (.6 1/ r /6617 62; lk 41/1:14-z.6,-- /26 Dc-,9-7a1.1 /71-7, ztiLi -1t7t„{) n I I /f 7,) 1- c,1?” -a-14-t 6P-0 tbrU:t- ad,r, ,6t'e--e-464-11 1,6-11* , Tki. 1 7 / 0--et /2-7ce.J c2s- Jrn" p-e2 % jizdaz ° D131 .t7 1%**161 ,;Sy (i�y `\•�? ,` e„N7 iN k•d<I /7f/. N E.of, lie S7 'A a � 3 N 8' -CS h.,sofa a • 21 U' •S Q a\•u,4` �.` `:r3,Ar ,,,, lrracaiam //e F f, w.c fix ad , g a Luf "- J1 �S 1 C. ' E�♦ G ,S s*c 6' P 0� ' 10 w ♦ �e{�ensory /1'•5 A t yv a t .Sa Cf. N,,ie This is a plat of 35/100 A. of land situated at Cismont, Albemarle County, Virginia, sold by W. B. Johnson to Donald G. Stevens an is bounde d as follows: Beginning at a point in Campbell Road 17 ft. N. F of post a corner to Donald G. Stevens thence with his line and with the 1 of M. W. Pettus So 50 W. 330 8/10 ft. to an iron on No. margin of Jeffers Highway and along same S. 83° 161 E. 68 5/10 ft. to an Iron thence a new line with Wiley B. Johnson N e 50 E. 282 ft. to center o Campbell Road 13 3/10 ft. beyong an iron thence along the road N. 38° 55 W. 50 ft. to t1 beginning. Hugh F. iris, S. A • C. December, 1939. Note: Lot #2 35/100 A. to be released for V. B. Johnson by H,0.L..C. V IH GIN IA, In the Clerk' s office of Albemarle Circuit Ccou-ru March lath, 1940, This deed was presented to me in said off is°e. and with certificate ancaex E witted to record at 2: 00 P• M. and plat attached. Teste: L. 4L- ,C1eri . THIS DEED, made this 19th dey of March, 1940, between Ma r pace party of the first part, and Samuel E. Pace, her husband, par N . , p i r Pace the second part, Vt l T N E v S E T H • E. race That for and in consideration of the assumption of the 1 2'6 hereinafter described and as part of the consideration for the co'ley t�_? .s h.4.,.-1„ii (ip N. 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