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Home My WebLink AboutVA197400011 Application 1974-03-12 Application for Variance or • . • Spci`` al Exceion TO: THE ZONING AD,`IINISTRATOR, ALBEMARLE COUNTY, VIRGINIA ..RIANCE NO. VA 14-11 The undersigned applicant (are) the owner $ of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTAQIED HERETO AND MADE A PART OF 'MIS APPLICATION. GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION. • DIMENSIONS OF SITE MUST BE GIVEN. Georgetown Veterinary I/We Hospital respectfully request the Zoning • Administrator oiAlicmarle County, Virginia to grant the c /� --.,o,.„ hi_ Variance or Special Exception stated below in the Ch,rrltiocuille Magisterial District and described as County Tax Map 60A Parcel 21 containing 2. 513 .acres and zoned ,( - j . tX,. 7h / . Applicant Signature--•- --<< I. - �';c Date 2/15/74 The petitioner requests that the Z,oning Administrator grant: A variance by permitting an addition to a non-conforming use- Veterinary Hospital in an it-;; tonne The applicant makes this request because: (1) Need for additional floor spice to adequately service the increasing public need. (2) Laboratory, radiograpiiv=e1ific and surgery facilities require expansion. (3) Doctors and staff require office, conference and relaxation areas. Action Taken by the Zoning Administrator: , Approved Denied SignedL it, 2,1" • - - — TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS— — — — — —— ——— - Georgetown Veterinary Hospital Date `2/16/71 ;-)2 -19 - I/We Dr. Daniel: V. Flynn hereby appeal the ruling of the Zoning 4dministrator of V.bcmarle County on the foregoing application, and respectfully request h revep al of his decision by granting the request for a v riance o pecial exception as stated above. Applicant Signatur,, V'/7-- f�% '' Address Georgetown Road, Charlottesville, Virginia • Phone Number 296-0116 • ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED • vast✓ 'toe 1� GEORGETOWN VETERINARY HOSPITAL, INC. GEORGETOWN ROAD CHARLOTTESVILLE, VIRGINIA 22901 July 31, 1974 • Albemarle County Planning Commission County Court House Court Square Charlottesville, Virginia RE: Continuing, non-conforming use. { Dear Sirs: This is to certify that the area now being used and the proposed area to be added has been in continuous use as pasture for large animals before and since zoning to the best of my knowledge. :ly, if AY", •aniel V. Flynn, V. .D. Directo DVF: rs cc: Henderson H. Heyward ZECEIVED AUG 0 5 1974 *my vow AGENDA ALBEMARLE COUNTY BOARD OF ZONING APPEALS April 9, 1974 • 1 . Call to order. 2. Establishment of a quorum. 3 . Public Hearings : a) VA- 74- 08 . Arrow Hart, Inc. , Murray Division. Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance of 30 feet from the required 50 foot setback in an M-1 Industrial Zone . Property is located on the south side of Route 660, one mile west of its intersection with Route 743 . Property is further described as County Tax Map 31 , Parcel 21A, Charlottes- ville Magisterial District . b) VA-74-09. Mr. Harry Coukos . Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance of 8 feet from the required .30 foot building setback in an R-1 Residential Zone . Property is located in the Northfields Subdivision, at the intersection of Route 651 and Huntington Road. Property is further described as County Tax Map 62A (3) , Part of Parcel 1 , Charlottesville Magisterial District. c) VA-74-11 . Georgetown Veterinary Hospital . Applicant requests the Board of Zoning Appeals of Albemarle County to permit an addition to a nonconforming use - Veterinary Hospital in an R-3 Zone . Property is located z mile from intersection of Route 654 (Barracks Road) and Route 656 (Georgetown Road) . Property is further described as County Tax Map 60A, Section 1 , Parcel 21 , Jack Jouett Magisterial District. 4. Old Business . 5. New Business . • 6. Adjournment. LAW OFFICES MC GITIRE, WOODS 8C BATTLE P. 0. Box 1191 RICHMOND,VIROINIA OFFICE COURT SQUARE BUILDING Ross BUILDING CHARLOTTESVILLE,VIRGINIA 22902 TELEPHONE 643-8341 TELEPHONE (804) 296-5121 April 29 , 1974 Mrs. Ruth Miller Planning Department County of Albemarle 411 E. High Street Charlottesville, Virginia 22901 Re: Dr. Daniel V. Flynn Dear Mrs . Miller: I acknowledge your letter of April 24 relative to Dr. Flynn. Dr. Flynn fully understands he must proceed with presentment of final plans before the Planning Commission for site plan approval. In looking over the Albemarle County Zoning Ordinance, it appears to me there is no time limit applicable to variances so that Dr. Flynn may now proceed to construct the enlargement of his building in due time. On the other hand, it appears to me there is a specific time limit concerning special exceptions issued by the Board of Zoning Appeals. If I am incorrect in this regard, please let Dr. Flynn know. Very trul ours, iam A. Perkins, Jr WAPjr:ml cc: Dr. Daniel V. Flynn RECEIVED A, 3 1 1974 1 .1 /11‘) 1;i" LAW OFFICES MC GUISE, WOODS & BATTLE P. O. Box 1191 RICH OND,VIROII(IA OPrIes COURT SQUARE BUILDING Ross Buil.DINo CHARLOTTESVILLE,VIROINIA 22902 TELEPHONE 643-8341 TELEPHONE (804) 296-5121 March 29, 1974 Honorable Savory Amato, Albemarle County Board of Zoning Appeals High Street Charlottesville, Virginia Re: Dr. Daniel Flynn - George Veterinary Hospital Dear Judge Amato: There is pending before the Board of Zoning Appeals an application for variance now scheduled and advertised for hearing on April 9th. I was retained just after this application was submitted and advertisment was commenced. I have been talking with Mrs. Miller concerning the situation. My wife and I were offered a free trip to Florida commencing on April 1st through the 10th. This means that it would be rather inconvenient to be here for the hearing on the 9th. Based Based upon my personal convenience, I would appreciate very much if this matter was continued from April 9th to be heard April 18th, 19th, 22nd, 23rd, 25th or 26th. I believe it will take approximately one hour to properly present the facts in support of the application for variance. Thank you very much for your consideration. Very truly yours, wapjr/aw William A. Perkins, Jr. cc: Mrs. Ruth Miller, Zoning Administrator RECEIVED APR 0 1 1974 �r vr' • 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 • Route 5, Box 298 • 60A 8 Marshall Sarah Harris Charlottesville, Virginia 22901 213 Surrey Road 60A 20 Randolph D. Wade Charlottesville, Virginia 22901 2685 Barracks Road 60A 22 Georgianna Wright CHarlottesville, Virginia 22901 60A 60A 10 Randolph D. Wade * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, ' CONDITIONAL USE PERMITS • Application Number VA-74-11 Georgetown'Vet. Hospital . ' 11 OF ALE3E•M �A )�f I I •MCA��'A Ap �� • Gpv F Tus, :IF ) • Vali,/G4A- c-e idZ. • . C/4-31) 71/ /7 Gr- Office of County Attorney FREDERICK W. PAY416 PARK.STREET GEORGE R. ST.JOHN JAMES M. BOWLING, IV CHARLOTTESVILLE, VIRGINIA 22901 • C• OUNIY ATTORNEY DEPUTY COUNTY ATTORNEYS TELEPHONE 296-7138 • • February 13, 1976 •� _ - iiiEJA:l.f47-4'i:: 1-4r---- , Hartwell Clarke Zoning Alfail P4 -4,Zoning Adminisstrator T 411 East High Street . Charlottesville , Virginia 22901 Re: Georgetown Animal Hospital (Our File #ACPZ76-66) • Dear Hartwell: . You have asked my opinion regarding the following fact situation. In April of 1974,. Daniel V. Flynn, 't/a Georgetown . . Animal Hospital, sought and received a variance ' from the terms • of the-Albemarle County Zoning Ordinance for the enlargement • . of certain- buildings located on the premises of the hospital on Georgetown Road. The application (VA. 74-11) was accompanied by certain plats and architect ' s - drawings showing the proposed additions . Specifically, these plats showed two existing , • buildings and enlargements , contiguous thereto , to be made. A site plan based upon this proposal was approved by the • Albemarle County Planning Commission. The applicant has now altered his plans to provide for (1) a similar , but relocated, addition to the main building and (2) the construction of a new stable in lieu of a contiguous addition to the existing stable. You have inquired as to whether this may be' done under the - state of facts as they now exist. . The first question concerns the necessity for approval - by the County Planning Commission: It is my opinion that any construction which is not in accord with the approved site plan must be reviewed by the County Planning Commission in' accordance with Article 17 of the Zoning Ordinance. 244' The second question concerns the - _�gn� � - c. ,grantecd in 19241 The applicant con en s tEa he wor 'enlarge- ment" , as used by the Board of Zoning Appeals , contemplated an increase in the total area under roof operated by the applicant, i .e . , either an addition to the existing buildings or the construction of a new, free standing structure . In order to determine whether this is the proper construction • • Mr. Hartwell P. Clarke Page 2 February 13 , 1976 as fn cD of this term in this case , I believe it_ is ecessaryato � ?4if7� • examine the evidence as to the intent of the 9arsd _of Zoning Appeals at the time the variance was granted. \ In normal usage 'the�t`Tm`'%fflargeme ' appears to con emplate an ti ) :_ex ansion of the size of an existing building rather than the con.s_tru,a,Lon of a separate , supplementary structure. It is my opinion that this is the definition the Board had in . mind when the variance was granted. My opinion is strengthened by the fact that a plat of the proposed enlargement was submitted to the Board at the time the varianwas request , which plat shows only contiguous �� +; � the QX; sting buils1in.gs and no new, freestanUin cons) u ti on Therefore , I am of the opinion that the construction of any suchfree standing structure would be without the scone of the existing variance and would require a new,additional variance from the Board . Of course, the granting of any such additional variance would presuppose the . existence of the necessary hardship. As an aside , I would point out that any such variance should take into account the existing lot lines with regard to • the setback requirements of the ordinance. If you have any questions", please let me know. Sincerely yours , • Frederick W. Payne Deputy County Attorney FWP/tlh - cc : William A. Perkins , Jr. , Esquire 2/t. -4/errA-$1-19-t-"-. 1711-4"W .114 #6144;41-1. ��. a 6 tdc-sic.. C-$ ;o v& ' '/• �t 4-- _ ate.0 ,5 - . I p /3'L�P�t�tJ rD Zu G K-C� ct � ,� ___ ' . p3 "741-4•-• cc-ce-474`74- - 1 ra--4...t. r Ci_cei4 dii • hula sae .�.K �- � �n v�sc !GC1' les , "4- (,��,� / � � et a-tr,A. op,,,,,,,,...„... .• "ecif4--e .4-e_-74_,,),,A.... . 9 2. /11141- • "-444"4-4-.......-A4- ',� 7•97i . , • 1 i _ . , . , .:••• . •... . 1 • ,, v 41 ._ ,! i i — y a • 1 I i