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Home My WebLink AboutVA197600044 Application 1976-12-08 $20. Permit Fee Application No VA- 76 4 Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application c 19 7 OWNER OF PROPERTY OCCUPANT (If other than owner) Name: 6 L.J„ L. T i a 14,D P Ki ns Name: Address: ail'� r'a t err'�rc�z�Q Address: Telephone: Telephone: Location of Property: Rs AA S I 1 � X .�� 3<�i"V e5i 3e1 Cr"ram ,eCa�. JCS Cy( OTL p Tax Map 5 q 6 Parcel L 104_8 Acreage 1 , Ds Existing Zoning 4. - District Existing Use: 4 _c Variance sought (describe briefly relief sought) : cj-6. (4,4-1' 6Se I o t O w t ; r,� be., B G 1 0,—, 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. Co n4Tcl- �VurC.r�ca.=r� �' Applicant �te FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: 1- II- 7 7 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 Permit1 q ed./ IN( OF AL G «,t V � y Office of Building Inspection 414 EAST MARKET STREET CHARLOTTESVILLE, VIRGINIA 22901 J. Benjamin Dick January 27, 1977 ZONING ADMINISTRATOR Mr. E.H. Bain Jarman Gap Road Crozet, Virginia 22932 Dear Mr. Bain: Mr. Carl Berman's letter from the Kearsarge Planning Committee is attached. I am not sure just what he has in mind, but after speaking with him by telephone, his intent was to request that the variance given to John Busbee he reheard by the Board members. I informed him accordingly we would put him on the agenda so to register his request and that the Board on Feburary 8th, 1977, would entertain the motion and rule as they saw fit. This is for your and the Board's information.. If I can answer any questions on this matter, please do not hesitate to call. Respectfully, (-// ' J. Benjamin Dick Zoning Administrator JBD/lt cc: Mr. William Roberson, Secretary Board of Zoning Appeals �.� Route 3 Box 132 Charlottesville, Va, 22901 January 21, 1977 Er. J. Benjamin Dick Zoning Admirstrator 414 East Market Street Charlottesville, Va, 22901 Dear Mr. Dick: please he advised that the Kearsaree Po se Owners Association, by this letter, wishes to appeal the Board's variance , sorely, "30 feet from property line", eranted 2osbce lot JG, Eoar::Tee Subdivision, &1 errarle County, and wishes to be noti1ird on the new hoar1ne, mate. C em 3s, £ /��\� Carl B. Berman, Chairman Kea£sarne Tlanninc committer • b r U 2 5 277 vNT ( of AL9,EMqA OF • ALA i J s.t_ r v ti;„ , ti cn 1,ikG INA 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 • January 20, 1977 Mr. J. Benjamin Dick Zoning Administrator 414 East Market Street Charlottesville, Virginia 22901 Re: John Busbee - Kearsarge Subdivision (Our File #ACPZ77-66) Dear Ben: I am in receipt of your letter of January 17, wherein you request my opinion regarding the authority of the Kearsarge Planning Committee to require Mr. Busbee to take action in contravention of the variance granted him by the Board of Zoning Appeals. It is my opinion that the Kearsarge Planning Committee has no such authority and that it is your duty, as Zoning Administrator, to issue building permits in accordance with the terms of the variance if Mr. Busbee requests the same. This is not to say that the Kearsarge Committee is without a proper remedy, since, assuming that its deed restriction is enforceable, both in general and in this particular case, the residents of Kearsarge would, at least arguably, have the right to apply to the Circuit Court to enjoin Mr. Busbee from building in contravention of its decision. However, such an injunction would bind only Mr. Busbee and would not, I believe, serve to vitiate the action of the Board of Zoning Appeals . I trust this answers your question. If you have any further questions, please let me know. Sincerely yours, -.4; Frederick W. Payne . Deputy County Attorney FWP/tlh RECEIVED JAi1 2 1 1977 14 � .,� of ALSAI � '1ic'4 AG; Office of Building Inspection 414 EAST MARKET STREET CHARLOTTESVILLE, VIRGINIA 22901 January 17, 1977 HARTWELL P. CLARKE BUILDING OFFICIAL Fred Payne 416 Park Street Charlottesville, Virginia RE: John Busbee Dear Fred: The Board of Zoning Appeals recently approved a variance from sections 2-3 and 18-3-1 of the Albemarle County Zoning Ordinance for Mr. John Busbee. Mr. Busbee wishes to construct a home in the Kearsarge subdivision on a lot located south of Scenic Highway route 250. The Zone is A-1. Mr. Busbee is willing and able to follow the BZA authorization for a variance. However, the Kearsarge Planning Committee, a neighborhood group overseeing compliance to deed restrictions, has requested that Mr. Busbee move his house five more feet back toward the scenic highway. With all due respect to this group, I have informed Mr. Busbee that if he complys with the Kearsarge Planning Committee demand he will be in direct violation of his variance and the Zoning Ordinance. The Kearsarge group, I informed him, is . without: any existing authorty to alter the BZA action and in fact to attempt to alter their action would in itself be unlawful. If they disagree with the BZA, the group's remedy is to appeal their position to the circuit court. Mr. Busbee was informed that paragraph two (2) fo the recorded deed • restrictions (attached) specify's "site location" and that language allows the neighborhood group to designate a setback. My reply to this point was simply that I seriously doubted the deed language could subrogate the requirements of the Zoning Ordinance muchless the action of the Board of Zoning Appeals. Never-the-less, I informed him that I would seek a' formal written opinion from the County Attorney's office addressing these issues and there-upon give him a formal Zoning ruling. Since Mr. Busbee must soon begin building his home, your prompt attention and learned counsel on this matter will be greatly appreciated. Respectfully, • J. Benjamin Dick Zoning Administrator JBD/lt ENCL o�)14 OF Af,BEMq�< G �� t F `�RGiN�N 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 January 20, 1977 Mr. J. Benjamin Dick Zoning Administrator 414 East Market Street Charlottesville, Virginia 22901 Re: John Busbee - Kearsarge Subdivision (Our File #ACPZ77-66) Dear Ben: I am in receipt of your letter of January 17, wherein you request my opinion regarding the authority of the Kearsarge Planning Committee to require Mr. Busbee to take action in contravention of the variance granted him by the Board of Zoning Appeals. It is my opinion that the Kearsarge Planning Committee has no such authority and that it is your duty, as Zoning Administrator, to issue building permits in accordance with the terms of the variance if Mr. Busbee requests the same. This is not to say that the Kearsarge Committee is without a proper remedy, since, assuming that its deed restriction is enforceable, both in general and in this particular case, the residents of Kearsarge would, at least arguably, have the right to apply to the Circuit Court to enjoin Mr. Busbee from building in contravention of its decision. However, such an injunction would bind only Mr. Busbee and would not, I believe, serve to vitiate the action of the Board of Zoning Appeals. I trust this answers your question. If you have any further questions, please let me know. Sincerely yours, Frederick W. Payne Deputy County Attorney FWP/tlh RECEIVED JAN 2 1 1977 . `N. i OF ALeFM,9 to ZONING DBPARTMBNT 414 EAST MARKET STREET CHARLOTTESVILLE, VIRGINIA 22901 J. Benjamin Dick December 15, 1976 ZONING ADMINISTRATOR Mr. John D. Busbee 2817 Huntington Road Charlottesville, Virginia Re: Zoning Ordinance Dear Mr. Busbee: Enclosed please find an Albemarle County Zoning Ordinance as per your request of yesterday. Please make your check payable to the County of Albemarle in the amount of $5.73; $4.00 for the zoning ordinance plus $1.73 for the post- age. If we can be of any further assistance to you, do not hesitate to call. Respectfully, (7 , / r•ii---6-4-i —:\___. ' J. Benjamin Dick Zoning Administrator JBD/plf Enclosure *tow ,wile STAFF REPORT VA-76-44 John Busbee (Contract Purchaser) Tax Map: 59B, Block B, Lot 6, Kearsarge Subdivision Zoning: A-1 Acreage: 1.05 Existing Activity The lot is of record as part of the Kearsarge Subdivision and is designated as a building lot. The lot lies on the south side of Route 250 West and is adjoined by other Kearsarge landowners. The lot has considerable trees and foliage and the lot sits higher than the level of Route 250. Proposed Variance The applicant requests a variance from the A-1 Zone setback requirement of 75 ft. and from the Scenic Highway setback requirements of 150 ft. The front of the house will face a private right-of-way of Kearsarge and the rear of the house shall face the scenic highway. The A-1 75 ft. requirement applies to the front and the scenic highway setback to the rear. (See submitted drawing.) A 45 ft. variance is requested from the front property line and a 64 ft. variance is requested from the rear, facing the scenic highway. Zoning Ordinance Requirements The A-1 zone setback requirement is pursuant to Section 2-3 of the Albemarle County Zoning Ordinance which reads as follows, "all structures, as herein specifically defined, shall be located a minimum of seventy-five (75) 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 rent- al of property, shelters designed and used by school children traveling to and from school, or structures, other than signs, for which no permit is required under the Uniform Statewide Building Code". Section 18-3-1 reads as follows, "No structure, except as hereinafter provided in the case of certain signs, shall be constructed within 150 feet of the right-of-way of any designated scenic highway or Virginia byway width of fifty feet or more, nor within 175 feet of the right-of-way of any such highway or byway having a right-of-way width of less than fifty (50) feet". Staff Recommendation If the Board wishes to grant this variance the staff recommends approval with the following conditions: 1) Building permits are obtained, and 2) Any other state or county requirements which are applicable. • • ..► 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 (Contract Putc.) P. O. Box 6575 59B Block B Lot 5 Double C Corp. Charlottesville, Va. Route 3 59B Block B Lot 7 Hjellming, Robert M: , Etal Charlottesville, Virginia 22901 Route 3, Kearsarge 59B Block A Lot 4 Woozley, Anthony D. Charlottesville, Virginia 22901 • Route 3, Kearsarge 59B Block A Lot 4A Breslick, Inez K Charlottesville, Virginia 22901 (Owner) 356 Key West Drive 59B Block B Lot 5 Frank H. & Patricia W. Earle Charlottesville, Va. 22901 (Owner) Route 5, Box 335-B 59B Block B Lot 6 Hopkins, George L. Charlottesville, Va. 22901 • * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number VA-76-44 John Busbee (Contract -FM-chaser) . 4 ' . ' ! . • \\ _ • \ ,, o• • rw b raZ 44 06 '� U <<f t: 4.4 \ kl \.. m_.: : _ - f -. 1 4 --- • • lb 1 `�, f \ # f U 1, ,li• 1