HomeMy WebLinkAboutVA197600040 Application 1976-11-18 $20. Permit Fee Application No ''/a -1 '-{ 0
• Sign Erected By: Staff: ,�p.E{
APPLICATION FOR VARIANCEVARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application November 18 , 19 76
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: MJM Lorenza Fields Name:
Address: Rt. 1, Box 42 Address:
Keswick, Va. 22947
Telephone: 2% T- 1( / Telephone:
Location of Property: West side of St. Rt. 744, approx. 0. 5 mile North of
U.S. 250/
Tax Map 080 Parcel 26 Acreage 1 .4
Existing Zoning A-i District Rivanna
Existing Use: Residence - Mobile Home
Variance sought (describe briefly relief sought) :
Request approval for 25 foot side yard setback in lieu of 75 feet now
required, because of Right-of Way on adjacent property. Refer to attached
plat, (lot 5) , Existing Mobile Home will be removed upon completion of
new home.
I hereby certify that the foregoing information is true and correct to the best of my
knowledge and belief and that I am the owner named above.
7
�.plicant ate
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: `�j ��e ye , ) n i c, Final Decision Made:
The variance sought was denied/approved with the following conditions:
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit#
IT
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Office of County Attorney
FREDERICK W. PAYNE 416 PARK.STREET GEORGE R, ST.JOHN
JAMES M. BOWLING, IV CHARLOTTESVILLE, VIRGINIA 22901 COUNTY ATTORNEY
DEPUTY COUNTY ATTORNEYS TELEPHONE 296-7138
December 15, 1976
Mr. J. Benjamin Dick
Zoning Administrator
414 East Market Street
Charlottesville, Virginia 22901
Re: Advertisement for VA-76-40 - Mr. and Mrs. Lorenza Fields
(Our File #ACPZ76-66)
Dear Ben:
You have asked my opinion as to whether the advertisement
provided in the above captioned case was adequate to permit action
by the Board of Zoning Appeals on December 14. The facts of the
case, as I understand them, are as follows:
The applicant wishes to locate a house on a parcel of land on
the west side of State Route 744. This parcel is extremely irregular
in shape, it being rather long and very narrow. Mr. Fields was
informed that he would need to apply for a variance from Section
2-3 of the ordinance providing for front setback from public road.
In the event, this advice was incorrect and he really needed a
variance from the side yard requirements (Section 2-5-1) . The
advertisement was made for the Board' s hearing stating that the
application was for a variance from the front setback. However,
the owner of the property immediately adjacent to this on the
north, Mrs. Field' s father, was well aware of the applicant ' s
real intention and did not object to it.
The obvious intent of Section 15.1-431 of the Virginia Code,
which requires notice in cases such as this, is that adjacent
property owners and the public at large be notified that a variance
from the ordinance is being sought. I believe that this policy
is particularly important when it involves a front setback or
some other issue involving a public road, other public facility
or the general public. In a case such as this, the person most
intimately concerned is the adjacent property owner on the side
where the variance is sought. In this case, this property owner
seems to have had clear actual knowledge of the applicant' s intent.
Mr. J. Benjamin Dick Page 2 December 15, 1976
Therefore, while I think it is clear that the advertisement was
not technically correct, I believe that the dictates of the statute
have been substantially complied with as to notice and the case
was properly before the Board.
If you have any other questions, please let me know.
Sincerely yours,
Frederick W. Payne
FWP/tlh
RECEIVED DEC 1 6 1976 r-i!)
STAFF REPORT
VA-76-40 Mr. & Mrs. Lorenza Fields
Tax Map: 80-26
Zoning: A-1
Acreage: 1.4
Existing Activity
The property in question is located off of Route 250, east of Shadwell, on
Route 744, approximately 14 mile north of its intersection with Interstate 64.
All lots in this vicinity seem to be less than 2.0 acres and put to record
prior to the Zoning Ordinance becoming effective.
Proposed Variance
The applicant is requesting a variance of fifty feet from Section 2-3 of the
Albemarle County Zoning Ordinance to allow dwelling to be set only 25 feet from
the right-of-way of the adjacent property (side yard setback) .
Hardship
The property is less than 2 acres and very irregular in shape with an access
easement running along the south side of the property which now requires a
75 foot setback.
Zoning Ordinance Requirements
Section 2-3 of the Zoning Ordinance requires that "all structures, as herein
specifically defined, shall be located a minimum of seventy-five feet from
any street, road or access easement. For purposes of this section only,
the term "structures" shall not be deemed to include on-site signs for sale
or rental of property, shelters designed and used by school children travel-
ing to and from school, or structures, other than signs, for which no permit
is required under the Uniform Statewide Building Code".
Staff Recommendation
The staff feels that without a variance the property would not be usable.
If there were not an easement to the south side of the property the proposed
dwelling would meet the required side yard setback. If the variance is
approved the staff would recommend the following conditions be required:
1) Building Permits be obtained,
2) Health Department approval be obtained.
13
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