HomeMy WebLinkAboutVA197000003 Application 1970-03-03 Appeal No. ALBEMARLE COUNTY, VIRGINIA
APPEAL TO THE
BOARD OF ZONING APPEALS
I (we), �,7Avse_o f `-yj l Gd�
Name Mailing Address
respectfully request that a determination be made by the board of zoning appeals
on the following appeal, which was denied by the zoning administrator on G1A2641/
197±- for the reason that it was a matter which,in the opinion of the administrator,
should properly come before the board of zoning appeals.
An interpretation ❑ variance® is requested to
Sectionj- Paragraph .1 of the Zoning Ordinance for the reason that:
❑ It is an appeal for an interpretation of the ordinance, map, or appeal of
administrative decision.
® It is a request for a variance relating to the ❑ use ❑area
IJ frontage [$I yard, or provisions of
the ordinance.
Remarks: ® .‘„ ttl� �, l
G�3 .�t1 /LPG . rc
The premises affected are situated at .e414Zi"trao4.4
r -
r9w bit/-e magisterial district. Legal description of property involved in this appeal:
a
Has any previous application or appeal been filed in connection with these premises?,
What is the applicant's interest in the premises affected?
What is the approximate cost of the work involved? $
Explanation of purpose to which property will be put:
Plot plan attached yes no.
Ground plan and elevations attached yes no. If no, explain:
Following are names and addresses of adjacent property owners.
Name Address
Signature of Applicant
Dated at ("J • luI [ f`E , Virginia, the a day of 74id , 19 �fj
Appeal No.
ALBEEIMILE COUNTY, VIIUCI IA
APPEAL TO THE
BOARD OE ZONING APPEALS
I (we),J • Robert Hendersonof 1936 Arlington Blvd
Construction.
Name Mailing Address
respectfuliyorequestutnatia determination be madeb Corp .he board of zoning appeals
on the following appeal, which was denied by the zoning administrator on2-26
19ltfor the reason that it was a matter which,in the opinion of the administrator,
should properly come before the board of zoning appeals.
An interpretation® variance❑ is requested to
Section 5 , Paragraph 2-4 of the Zoning Ordinance for the reason that:
50 It is an appeal for an interpretation of the ordinance, map, or appeal of
administrative decision.
❑ It is a request for a variance relating to the ❑ use ❑area
❑ frontage ❑ yard, or provisions of
the ordinance.
Remarks: The Zoning Administrators stated opinion is
that this section permits 25 apartments per acre
o-F land . We contend that the section permits 34
apartments per acre and we intend to put 32 . 5 units
per acre on the property in question .
The premises affected are situated at on I ng 1 ewood Dr . in zone R-3
CH-vi 1 1 e magisterial district. Legal description of property involved in this appeal:
Map 61P , Parcel 1 1 . 38 acres
Staff Computations
R-3 Garden Apartment Development
Base 3 Unit Requirements
12 ,250 square feet of minimum lot area
150 square f€at of recreation area (50 sq . ft . /D . U . )
1 ,350_ square feet of parking area
13 ,750 square feet of base lot area for three dwelling units .
For each additional unit contemplated , the requirements are :
- 1,000 square feet of base lot area plus
450 square feet for parking spaces plus
50 square feet for recreation
1 ,500 square feet base for each additional unit .
Applying this schedule to the 1 . 38 acres , the following
density would be permitted :
1 . 388 acres = 60 ,470 square feet .
60 ,470 square feet minus three units requirements
-13 ,750
46 ,720 square feet
Divide 1500 square feet base for each additional unit into
46 ,720 square feet remaining and you arrive at 31 . 14 dwelling
units plus 3 . 00 dwelling
units for base and you arrive at 34 . 14 dwelling
units permitted on the 1 . 388 acre tract or a density per acre
of 24 . 5 or 25 dwelling units per acre .
Staff Comment
Appeal - Robert Henderson
The staff is unaware of Mr. Henderson ' s basis for
insisting that he can get 34 dwelling units per acre under
the provisions of the ordinance .
TELEPHONE: BOX 818
703-347.3600 59 CULPEPER ST.
703-347-2324 WARRENTON. VA. 22186
ROSSER H. PAYNE, JR. . A. I. P.
CONSULTANT
PHILIP G. YATES URBAN PLANNING • MANAGEMENT
ASSOC.
April 7, 1970
MEMO TO:
John Humphrey, A. I. P.
Albemarle County Planner
FROM:
Rosser H. Payne, Jr. , A. I. P.
Consultant C�- � Q/�; Lt 1C_ Z
SUBJECT:
Off Street Parking Requirements for Apartments and Multi-family
Structures
My comments on the above requirements are. based upon the general
administrative rule for zoning in Virginia as applied to a "positive"
ordinance rather than a "negative" ordinance. Albemarle County has
the beginning of a positive ordinance in structure, and not a negative
(thou shall not) ordinance now in effect in so many Virginia jurisdictions.
The general rule as applied to a positive ordinance simply states that:
"Any use not expressly and definitively permitted is prohibited." This
rule is modified of course by the zoning variance and amendment provisions
provided for in the ordinance.
The question of interpretation seems to revolve around interpretation
of lot coverage requirements as applied to a three family or more structure
as defined in your ordinance (excluding town houses) .
I would support your contention that the off-street parking spaces
required are in addition to the basic lot area for dwellings and accessory
buildings for many reasons based on experience, but as applied to your
ordinance the following specific conclusions apply:
1) The general rule of zoning administration as stated above
applies in the case of your ordinance unless specifically
waived by the B. Z. A. based on a "hardship" other than
density or financial considerations, as set forth in the
Virginia statute.
John Humphrey, A. I. P.
Page 2
April 7, 1970
2) Section 10-7-1 - All parking shall be in private garages
or on the lot; 3 spaces at 300 square feet per unit up to
6 dwelling units.
3) Section 5-6-1 - Buildings with accessory buildings only
(not uses) may occupy 25% of the lot.
4) Section 10-7-10 - All parking shall be on the same lot with
the main building except for buildings other than dwellings.
5) Accessory use as defined includes parking, but buildings are
separated by definition as stated in Section 15-2.
6) Section 15-24 - Dwelling, definition of; excludes apartments
but a multi-family dwelling is defined as any structure
designed to accommodate more than one family (town houses
excluded) , Section 15-25.
7) The smallest single family lot permitted in the R-3 zone must
have a minimum lot area of 8,200 square feet, Section 5-2-1.
8) Since 3 units comprise a multi-family structure and are not
separately for sale, the lot requirement is intended to pro-
vide living and open space in the total coverage requirement
on the same lot. 3 x 4083 = 12,250 square feet for 3 dwellings
as a minimum. The lot size per unit of 4,083 square feet cannot
be compared to the minimum single family lot of 8,200 square
feet for this zone, which is obviously intended to provide open
space, yards, setbacks and adequate parking for a single unit.
Refer to Statement of Intent, Article 5, the R-3 zone, "low
concentrations".
9) Under my interpretation with regard to accessory uses; such uses
are exclusive and include off street parking only where specifically
stated. Note Section 15-2 of the ordinance. See also Section 5-6-1
which specifically excludes off street parking from the coverage
area requirement.
10) My reasoning seems to be further supported by the grammatical
structure of the ordinance as well as the technical application
of same, for example:
a) Section 5-2-4 specifies minimum lot area for 3 specific
units, nothing else.
b) Section 5-6-2 - In my opinion is the key section to the
John Humphrey, A. I. P.
Page 3
April 7, 1970
intent of lot coverage under density when it states:
"In addition to the area required by this ordinance
e feet
for
off street parking (10-7-1 and 15-64) 3
per space) ,
there shall also be provided, etc." The
requirement is stated in Section 10, not in Section 5,
therefore it must be in addition tolthe basic
f this cslottt area
(12,250 square feet for 3 units) .
the
case it should have been specifically so stated
drinuirements
Section 5-2-4. Since it was not, the separate
stated in 5-6-2 must apply as they refer only to Section 10-7,
stating that such spaces shall be on the same lot.
c) Recreational requirements are stated to
be in excess
of lot
area requirements, (50 square feet perlocatedical
on l
same a lot. I know of no way to separate this g
rammatinference from off street parking inferences, especially
in view of the terminology in both cases "located on the
same lot".
d) The technical aspects further support my conclusions as follows:
1) Section 15-93 states that all yards shall be unoccupied
except front yards; simply
meaning that any off street park-
ing
ma
ing must be located in front of the buildings as they y be
located on the lot. Applying this definition to the R-3 zone
we then have:
2) Front yard building setback in the R-3 zone is 30 feet
from an street right of way.
a) Minimum side yard is 10 feet
b) Minimum rear yard is 25 feet
c) Coverage for buildings and accessory buildings slily_
is limited to 25 percent of the lot. feet per car
d) The minimum parking space area is 300 square
with 2 spaces per unit, off street up to 6 units hence:
1 space 15 x 20' = 300 square feet or 6 spaces in front
of the buildings = 90 feet of minimum lot width i f frontin
permitted in rear
on a lot facia a ublic street
parkingcaseSection 5-4-1 would
or side yards) . This being permit for 3 units, 85 feet of lot width minimum, unless
the building were to be high rise in which case the miimum
lot width for three units would be 100 feet
(3sutits, high
rise is totally impractical to assume) .
Yardcould not be satisfied in either case.
1
John Humphrey, A. I. P.
Page 4
April 7, 1970
In conclusion it appears fairly obvious that the technical applica-
tion of the coverage and square feet requirements in the ordinance clearly
mitigates toward the following conclusion keeping in mind that the above
requirements listed are minimums:
1) Basic lot area for 3 multi-family dwellings is 12,250
square feet including one parking space for each unit but:
2) The requirement is 2 spaces for each unit therefore the area
of either 3 additional spaces or 6 total spaces should be added
to the basic requirement for area since it is not spelled out
as to the application of either 3 or 6 spaces additional, I con-
clude that the 6 spaces at 300 square feet each is required in
the same context as the 50 square feet per unit for recreation
as grammatically structured in Section 5-6-2.
Thus:
3) 12,250 square feet of lot area for 3 multi-family units (basic
requirement 4,083 per unit)
+ 1,800 square feet of off street parking space (6 at 300 each)
on the same lot or parcel faced and designed to allow
conformance to set back requirements for the R-3 zone.
+ 150 square feet of recreation space per 3 dwelling units on
the same lot or parcel.
Total 13,200 square feet of lot area in the R-3 zone required for 3
units including off street parking and recreation.
I trust this exercise will be sufficient to provoke some further
discussions on the matter at your regular B. Z. A. meeting.
RHPjr/g
Staff Report
Variance - Jefferson Towne Apartments
The requested variance relates to Building "K" on the
site plan ( See attached) of Phase Two , Jefferson Towne
Apartments .
The Planning Commission , in approving Phase I of
Jefferson Towne Apartments , located and abutting this project
to the east , required an unobstructed reservation of land
located on the project to provide for a major proposed
roadway . The same requirements will be requested by the
staff on the approval of this section of Jefferson Towne
Apartments .
The applicant claims a hardship in that an arrangement
of building and streets could be accomplished without a
variance if the reservation were not required . A hardship is
claimed by reason of the reservation of land for the major
road which requires an arrangement of buildings which would
require a variance .
T :I
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C NTY� OF ALBEMARLE COUNTY OF ALBEMARLE VIRGINIA DEPAR
TMENT
PL�11 N N I G el
COMMISSION ENGINEERING DEPARTMENT
OF HIGHWAY")
CHAIRMAN
r COUNTY ENGINEER
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