HomeMy WebLinkAboutVA197400041 Application 1974-11-06 .
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p p l i c a �,,,,) n for V a r a t,,,r,,..: a or .
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. Special Exception
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TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY,. VIRGINIA
.1RIANCE NO./7 - / The undersigned applicant.5.i-(are) the owner of the
following described property:
A PLAT OF TIIIS PROPERTY MUST BE ATTACITED HERETO AND MADE
• A PART OF THIS APPLICATION. .
GIVE LOCATION BY REFERENCE-TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF Sift MUST BE GIVEN.
Y ;.,_ l— _y. ' t<jespectfully request the Zoning
Administrator of Albe rle County, Virginia to gran the,
Variance or Special exception stated below in then , A/&.A.,
Magisterial District and described as unty Tax Map �-,2�
Parce*-l/02 ntaining 7M and zoned ,2 - 1 .
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Applicaign" to //f/o/ 7 it
The petitio•ners equest_ that the Zoning Administrator grant:
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The applicant makes this request because:
Action Taken by the Zoning Administrator:
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Approved Denied 4'''' :Signed eA4,1_1•22.1.1r-'-- -�- --- TO: THE ALBE'IARLE COUNTY BOARD OF ZONING APPEALS--- — — --- --- ---- ——'-" -"
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Date .
I/We hereby appeal the ruling of the Zonr g
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 DENIED
APPROVED --
DATL' •
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The applicant makes this request because: Due to the nature of the ter-
rain and rock the Health Department required us to install the septic system
before the house could be located. It was necessary due to excessive rock to
relocate the structure to what was thought to be the side property line in order
to comply with Health Department requirements . The Field Engineer misinter-
preted the rear property line to be the side line and located the structure
14'5" from the line. Although several inspections were made, it was not brought
to light until the Zoning Inspector made his inspection November 7, 1974. Even
though the lot is quite large, there is no other location on the lot where the
house could he located which would make it suitable from the standpoint of con-
struction and being compatible with the required placement of the septic system.
We would also like to point out the house nearest the side line will be approxi-
mately 45' away (Lot 11 , Block H, Cling Stone Lane) and the house nearest the
back line will be approximately 40' away (Lot 13, Block H, Orchard Drive) from
the house on Lot 12.
It is doubtful , if this variance is not granted, that this lot will be
buildable causing extreme hardship on the purchaser of the home, who is a di-
vorced mother with three children.
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73.
Zoning Appea]s.
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The Court heard argument of counsel and reserved decision
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} pending a review of-the aforementioned evidence.
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By writing dated December 30, 1971, the Court advised counsel
as follows:
"It is the opinion of the Court that the side and
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rear yard regulations as set forth under Secti-ons6-5-1
and 6-5-2 of the Albemarle County Zoning Ordinance are
to be applied to each mai_n •structure without regard to
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the abutting street and shall be .determined by reference
to the front of the building or structure as designated
on the building plans.
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It is further the opinion of the Court that the rear
• � of any building would be defined as that side which is
opposite the front:,and the rear yard regulations would
€+ apply to the side of the building exactly opposite the
front.
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iIt is further the opinion of the Court that the foregoing
definitions would be applied to any lot on which there is
more than one main structure and that any lot which con-
tains a single structure would be governed by side, rear,
and front setback regulations with reference to the abutting
yr__�--� street."
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I Having reached the conclusions set forth above, IT IS ORDERED
that the action of the Board of Zoning Appeals as evidenced by Minutes
of' its 'meeting of November 9, 1971, in reversing the decision of the
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Zoning Administrator on Application VA-71-15, Rando]pIi D. Wade and
Vivian W. Wade, be and is hereby set aside.
. Ube action of this Court having been definitive in nature, having
reversed the action of the Board of Zoning Appeals and resulting in a
:conclusion of the matter without necessity of remanding the Application
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for further action; accordingly, this cause is ended and the Clerk is
instructed to place the papers herein among the ended causes.
Enter:
llate:eP:EGG 7i/72
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JUDGE/� ��_� �/ .— -
`-� SC rig, 3 5 7
�N.cy O F AL9El yq
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Office of County Attorney
416 PARK STREET GEORGE R. ST.JOHN
CHARLOTTESVILLE, VIRGINIA 22901 296-7138
December 16, 1974
Mrs. Ruth Miller
Zoning Administrator
Albemarle County Planning Dept.
411 East High Street
Charlottesville, Virginia 22901
RE: Definition of "rear yard"
(Our File #A.C. 32)
Dear Ruth:
This is in response to your request for my opinion as to
the applicability of the opinion of the Circuit Court of Albemarle
County in the case of Bell v. Board of Zoning Appeals (Case No.
71-235C, 1972) to a single-family detached dwelling on a corner
lot. In particular, you ask whether the Court in that case held
that the rear yard of a lot is to be deemed that portion of the
yard opposite the front of the building. It is my opinion that
the Bell case does not so hold.
The Bell case involved a single large parcel in common
ownership upon which were located a number of multi-family
residences. These residences were oriented according to the
interior, privately-owned accessways rather than to public
streets bordering the tract. Because there were no lot lines
within the tract and because the structures in question did not
front on a public street, it was necessary for the Court to
define the term "rear yard" with relation to the front of
the building rather than the front line of the lot. The Court
stated in that case that "the rear of any building would be
defined as that side which is opposite the front, and the
rear yard regulations would apply to the side of the building
exactly opposite the front. " Albemarle County Chancery Order
Book 56, page 357. However, the opinion went on to state that
"the foregoing [definition] would be applied to any lot on
which there is more than one main structure and that any lot
which contains a single structure would be governed by side,
rear, and front setback regulations with reference to the
abutting street. "
The Zoning Ordinance defines "yard, rear" as that portion
of the lot between the rear line of the building and the rear
s �
Mrs. Ruth Miller
Page 2
December 16, 1974
lot line. §16-94-2 of the Zoning Ordinance. Reading the
latter section in concert with M.6-94-1 and 16-94-3, I interpret
§16-94-2 to mean that the rear yard is that side opposite the
front lot line. Section 4-7-1 defines the front of a corner
to be the shorter side abutting a street. Using this definition
of the front lot line, I believe that the Court' s holding in
the Bell case mandates a finding that the rear yard of a lot
such as the one you describe is that portion of the lot lying
between the main structure and that lot line directly opposite
the shortest side abetting a street. Accordingly, the
orientation of the main structure on the lot is irrelevant.
Sincerely yours,
.a tilt'-Zcezc=.�Ctc v • / __
Frederick W. Payne
Deputy County Attorney
FWP:kch
RECEIVED DEC 1 6 wit
November 29, 1974
Board of Zoning Appeals
Albemarle County
County Office Building
Court Square
Charlottesville, Virginia 22901
Gentlemen:
We respectfully ask you grant favorably the request by Better
Living, Inc. for a 20' 7" variance from the back property line on
Lot 12, Section III , Orchard Drive and Cling Stone Lane, Orchard
Acres , Crozet, Virginia.
We see no interference whatsoever with our own property and
do fully see the extreme hardship it will cause Mrs. Millway in
her efforts to provide adequate housing for her and her three chil-
dren.
Your vote to approve this variance will be greatly appreciated.
Very Truly Yours ,
Dona )d L. Woodson
,C1/4176-4416/ 11/ 1 /e/f:d4,2-e0-...,_
Judith F. Woodson
-aw
November 29, 1974
Board of Zoning Appeals
Albemarle County
County Office Building
Court Square
Charlottesville, Virginia 22901
Gentlemen:
I respectfully ask you grant favorably the request by Better
Living, Inc. for a 20'7" variance from the back property line on
Lot 12, Section III , Orchard Drive and Cling Stone Lane, Orchard
Acres , Crozet, Virginia, which adjoins my lot.
I see no interference whatsoever with my own property and
do fully see the extreme hardship it will cause Mrs. Millway in
her efforts to provide adequate housing for her and her three chil -
dren.
Your vote to approve this variance will be greatly appreciated.
Very Truly Yours ,
r•
Janice Clements
Nor
November 29, 1974
Board of Zoning Appeals
Albemarle County
County Office Building
Court Square
Charlottesville, Virginia 22901
Gentlemen:
We respectfully ask you grant favorably the request by Better
Living, Inc. for a 20' 7" variance from the back property line on
Lot 12, Section III , Orchard Drive and Cling Stone Lane, Orchard
Acres , Crozet, Virginia, which adjoins our lot.
We see no interference whatsoever with our own property and
do fully see the extreme hardship it will cause Mrs. Millway in
her efforts to provide adequate housing for her and her three chil -
dren.
Your vote to approve this variance will be greatly appreciated.
Very Truly Yours ,
Donald Gay
Elaine Gay
4
,,ow
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APPLICANT'S LIST OF •
ADJACENT OR ABUTTING PROPERTY OWNERS
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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.
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Map Parcel Name Address
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55C -III - H - 12
Lot 11, Cling Stone Lane
55C III - H- 11 Donald Gay Orchard Acres, Crozet, Va.
c/o Guy Breeden, Lot 29
• Orchard Drive, Crozet, Va.
55C - III - H - 13 Janice Clements
55C - III - A - 38 Vacant
Orchard Drive
55C - III - G - 8 Woodson, Donald Route 1, Box A-10, Crozet, Va.
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* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES,
CONDITIONAL USE PERMITS
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Application Number VA-74-41 Better Living
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1 Zoning Appeals. •
The Court heard argument of counsel and reserved decision
pending a review of the aforementioned evidence.
By writing dated December 30, 1971, the Court advised counsel
as follows:
"It is the opinion of the Court that the side and
rear yard regulations as set forth under Sections 6-5-1
and 6-5-2 of the Albemarle County Zoning Ordinance are
to be applied to each main structure without regard to
•
the abutting street and shall be determined by reference
to the front of the building or structure as designated
on the building plans.
•
It is further the opinion of the Court that the rear
P of any building would be defined as that side which is
opposite the front,and the rear yard regulations would
Ft apply to the side of the building exactly opposite the
{ front.
i
It is further the opinion of the Court that the foregoing
definitions would be applied to any lot on which there is
j more than one main structure and that any lot which con-
ti tains a single structure would be governed by side, rear,
and front setback regulations with reference to the abutting
`���i street."
e
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I Having reached the conclusions set forth above, IT IS ORDERED
that the action of the Board 'of Zoning Appeals as evidenced by Minutes
of its 'meeting of November 9, 1971, in reversing the decision of the
Zoning Administrator on Application VA-71-15, Randolph D. Wade and
Vivian W. Wade, be and is hereby set aside.
The action of this Court having been definitive in nature, having
reversed the action of the Board of Zoning Appeals and resulting in a
conclusion of the matter without necessity of remanding the Application
for further action; accordingly, this cause is ended and the Clerk is
instructed to place the papers herein among the ended causes.
Enter: �/
Date:e //72.
47
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JUDGL^
�l� PERMIT TO INSTALL
NST L R PAIR, 0 REASONS FOR REJEC
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ON❑
lg WATER SLIP?: 0 SEWAGE DISPOS PSYSTEM,,
A' (1) Void after (12) twelve months. (2) matically cancelled when site conditions arAsOnged from those shown on permit. ,
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i (3) Automatically cancelled should facts later become known that a potential hazard would be created by continuing installation.
FHA/VA . g---Yes ❑ No Date
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Owner - .t_ Address /G' -,..,.... __.. ..1 Phone �26" .���//
i (Mailing Address)
Occupant f �'` J' ° -�
✓ Address_ Phone
,- (Mailing Address)
Exact Location /. / i t - // / -7 i f n
of premises C_.)-..•.,._. .. • . L - —....t_.41.. .,`'/fi /-/ C_,:- f. 1, I.. /mot—...1.---.. L / f
(Subdivision,Street or Road Name,Section or,Lot No., ,
FOR: []''bweiling ❑ Other — Automatic Washing Machine [•-Yes Q No _ Consumption -�C' gal.per day
Actual 0-Potential ❑Bedrooms -= Garbage Disposal Unit ❑ Yes 0.--No ( ❑ Actual X estimated Water
Additional wastes _
Yes No
WATER SUPPLY(Existing) Class Approved ❑ Other �.E r f'�j�
( , El(To be installed) Class _Cased ft.to be grouted__ ft.
(Unless supported by positiveevidence Class III is to be considered as to be installed.)
r
SOIL STUDY Naturally drained,suitable by sight L Yes ❑ No Technical Classification t..-t=-:, -f "`
(2)Estimated (If Known)
Percolation Rate 1.10 ❑ 11-25 0 26-50 ❑ > 51 U'Percolation Test Required' 0 Yes No te(Minutes per inch) (Minutes per inch to nearest 10 minutes)
Depth to Grey Mottles inches (estimate over 4 ft.) OTHER__
Surface drainage required L]Yes alVii OTHER DRAINAGE I.
(3)HOUSE SEWER LINE Size K f_inches. Type of material required j ' Distance from Water Supply i '1-t''Lteet.
t DETAILS OF CONSTRUCTION Watertight Septic Tank of I - -- •5 , Ct r'x="_I 1"Nlateri I Liquid Capacity f(' _.gallons.
Inside Dimensions Length "_ .< feet. Width U- feet. <Liquid Depth /- Meet. Depth of Air Space JJJ feet.
SUBSURFACE ABSORPTION FIELD Number of square feet required-77Th .Type aggregate required •' ' <-, 7' `i
)Depth of aggregate from base of tile to bottom of ditches r✓-1 inches. Allowable fall - _to ff? inches.
Total aggregate minimum depth nchc;s or more. Depth of drainfield to be —inches from surface of original ground.
�Distance from well to septic tan::/ `' it:....feet;distance from well to drainfieid _" -meet.
Rough Sketch of Prern,ses (inciuding adjacent properties if pertinent, Showing Location of Lot Line, Buildings, Water Supplies, Sewage Disposal Systems,
Trees,and Other Possible Sources at Contamination of Water Supplies,tiy Indicating Distances and Slope with regard to one another.
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i J r i ,' .. _ Health Department, Phone '' - --'!'a,17 f when in-
Note: Owner or his agent must notify 1 —__
c stallation is ready for inspection. If any Sewage Disposal System,or part thereof, is covered before being inspected by the Health Department, it shall be un-
9'covered at the direction of the Health Director or his.-,tent. CONDITIONS DISCOVERED UURIND INSTALLATION MAY REQUIRE ADJUSTMENTS OF
rr SYSTEM DESIGN. Changes froc.,above specifications require Health Department approval before being made.
Based on the above information,the undersigned recommends that this permit be issued. r , J / / / ;
Date Approved Datef___ }/.,S1 iced .� - _.• ..� _�/
(Reviewing Authority) / . - (Sanitarian or Health Director)
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LHS-121 REV. 12/71
Virginia State Department of Health
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VIII. ZONING PLAN EXAMINERS NOTES
,/,...,./iis...DISTRICT /6;1_, /
USE ��/ J� I
FRONT YARD // 0 .
SIDE YARD /1rI SIDE YARD / 9
REAR YARD c3,_6 NOTES
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