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Home My WebLink AboutVA197700010 Application 1977-02-10 Hn. J rrr $2)00 Permit Fee • A p lication VA -I)-1/4400 / Sign Erected By: Staff: - - e,j APPLICATION FOR VARIANCE • Zoning Department 414 E. Market Street • Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application V--cA, 10 , 19 77 . OWNER OF PROPERTY OCCUPANT (If other than owner) v f h0 to; __ -- 140-n-4z_ Nanle: Moore, LAwre_r\c E. 4 Nance.: S 1-1 �.I1� �Z r ter, 6 5k Address: P. D (;z,t_ 4a t}q Address: . �' (: , off. R.i V .13a-a-c sramrsrN-I y V0 Telephone: 5'04 3s3 aS3�f ('6 �. ) p 30ct Q-S - 3 -I I Telephone: SSG 3 7 1-4 Locatic:n. of Property: r crt-i s Nam, L r� �v.v'44rr 14: _ �C �s�-c am �-(L (e Tax Map 1 a a A- _ Parcel Acreage . 6 Existing Zoning � 1_.__ District •Se0 [ 15u 11.e Exist ng Use: 1 gnu e— I Ilk , Variance sought (describe briefly relief sought) : • I hereby certify that the foregoing information is true and correct to the best of my knowledge and belief arid that I am the owner named above. � -- App-icant ll 110 17 . 'TOR 0iii CE USE ONLY — Zoning Administrator has/has not rendered a decision. If so, state substance of decision: j� d �z i 77 Date of Hearing: Final Decision Made:_ , The variance sought was eni edThjsproveITZEF-the following conditions: Special Use Permit] SP A BOARD OF ZONING APPEALS Sign. Permitj# gY: -- -- _._. _.._date—.. Building Permit# \EARS AFIvrk B A \t Ak5 V A 1Zi A tvr Noir law STAFF REPORT VA-77-10 Lawrence Moore Tax Map 128A-2-2 Acreage: 2.0 Existing Use: Residential Existing Activity The parcel is situated in Esmont and has a house and one mobile home. Proposed Variance The applicant requests the Board to modify Section 2-2, which allows for one unit per 2 acres, to allow placement of an additional mobile home. The present zoning allows for one unit per acre, however, the applicant wishes to have the zoning declared void since the person who rezoned the land from A-1 to RS-1 was without authority to do so. (affidavit attached) The RS-1 zone does not allow for mobile home placement. The applicant requested the Board of Supervisors void the unauthorized rezoning in order to revert the land back to A-1 which allows for mobile homes. The hardship claimed for allowing an additional mobile home is the need for housing and on call care for a family member who needs the same. Ordinance Requirement • The minimum lot area for single family dwelling is two (2) acres. (Section 2-2) Staff Comment While the staff is in sympathy with the family need, allowance of this variance would constitute an increased density which is contrary to the intent and pro- visions of the A-1 zone. Staff must therefore recommend denial. Mr. Moore has an adjoining one acre lot upon which he could locate a home. However, if the Board should approve this variance, Mr. Moore would only have to obtain all of the required permits. v *r.r ter` ‘PI Ai?, OF �ALE3E•MA O ��F G a, ZONING DEPARTMENT 414 EAST MARKET STREET CHARLOTTESVILLE,VIRGINIA 22901 J. Benjamin Dick ZONING ADMINISTRATOR MEMORANDUM TO: Albemarle County Board of Supervisors • Guy B. Agnor, Jr. , County Executive ,� FROM: J. Benjamin Dick, Zoning Administrator •• �' I RE: Request by Lawrence E. Moore to Void Zoning of His Property DATE: April 6, 1977 Action Requested: (see letter attached from Mr. Moore) The Board of Supervisors affirmed by resolution, or by other appropriate action as recommended by Mr. George St. John, County Attorney, the Zoning '4mi' Administrator's ruling that ZMP-230 is null and void and that TM-128A- (2)-2 . be noted on the official zoning map as A-1. Upon What Evidence is Action Requested: • The ZMP-230 application was signed and filed by Ray A. Moore as owner to rezone from A-1 to R-1 TM-128A-(2)-2. Mr. Ray A. Moore is now deceased. His brother; Lawrence E. Moore, Jr. who is the present owner, has sworn by affidavit that his brother was not the lawful owner nor did his brother have • the authority or permission to apply for rezoning of Lawrence Moore's land. Real Estate records do not show Ray Moore as a landowner. Lawrence Moore lives and works in Richmond and is the recorded landowner. The rezoning was obtained without his prior knowledge. Land Plan and Layout: The R-1 parcel is surronded by A-1 land and is a 2-acre parcel located in Esmont. The Zoning Administrator spoke with the Director of Planning and he feels the R-1 designation is a spot zoning. The R-1 rezoning request was appa- rently based on locating a living unit per acre; a house and a mobile home in which Ray Moore once lived. Comment: Please find attached two office memorandums to the Director of Planning. The application, based on Lawrence Moore's affidavit, is null and void- and therefore the Board's action of rezoning would be subject to attack if not, in the opinion of Fred Payne, null and void. Having consulted with Fred, the Board of Supervisors Guy B. Agnor, Jr. w,W, woe April 6, 1977 Page Two °.i'" Zoning Administrator officially takes the zoning application and he is empowered to declare the application proper or improper. The Zoning Administrator has ruled the application null and void based on Lawrence Moore's affidavit and staff research. Fred's advice was that the Board be so advised and decide whether or not they should affirm the ruling for a precautionary measure. Since the original applicant is deceased, the Zoning Administrator believes the "precaution " may be unnecessary if not senseless. The practicality of the matter seems to dictate nothing more than a Zoning Administrator's ruling.Nonetheless, Mr. St. John should be consulted whether or not legally the Board of Supervisors should require additional action. JBD/lt attachments *wow SPECrAL SERVICES OF \ aGI !A DETECTIVES —SPECIAL POLICE — GUARDS P.O.BOX 8497 /RICHMOND,VIRGINIA 23226 ° TELEPHONE 368-8866 • Albemarle County Board of Supervisors • • County Office Building Charlottesville, Virginia Re: Property zoning . Gentlemen: • Please vmid the present zoning that is on my property located at Esmont, Virginia. The present zoning was placed on the property at the request of • my brother who had no authority to do so. Y rs truly, Lawrence E. Moore • • *r • I . RECE\'ED 1%a 2 3 1977 • • • • N�� OF ALe� q„,,,� God R.4F tftVi • v ^I • • ZONING DEPARTMENT 414 EAST MARKET STREET CHARLOTTESVILLE,VIRGINIA 22901 J. Benjamin Dick Zoning Administrator TO: Robert Tucker, Director of Planning FROM: J. Benjamin Dick, Zoning Administrator 's �D • • RE: Lawrence Moore Petition ( See Enclosure ) DATE: March 29, 1977 • Mr. Moore, at the Zoning Administrator's request, has sent a written request to the Board of Supervisors for the County to void the alledged unlawful zoning of family land in Esmont ( request attached ) . On Fred Payne's advice, it was agreed that the Board of Supervisors mould„review Mr. Moore's recniest. He has sworn an affidavit out to certify that his brother had no ownership or authority to request the rezoning. ( The affidavit was presented to your office ) Please see that Mr. Moore's request is properly docketed for the Board's review and notify Mr. Moore of the hearing date. If you have any questions, please contact the Zoning Administrator. • JBD/lt t • • • • • • I I Y I • rrr' 11 OF AL��M (1\3� .S.�. ;34, ?1A •a ZONING DEPARTMENT 411 EAST HIGH STREET CHARLOTTESVILLE, VIRGINIA 22901 J. Benjamin Dick Zoning Administrator MEMO: Robert Tucker, Director of Planning FROM: J. Benjamin Dick, Zoning Administrator q SUBJECT: Land of Lawrence E. Moore, +Jr - Esmont (TM-128A{2)-2) DATE: March 8, 1977 • The Zoning Administrator spoke with Mr. Lawrence Moore who is seeking to place a second mobile home on his two (2) acre tract in Esmont. The two (2) acre tract presently has a house and a non-comforming mobile home. The land is zoned RS-1. However, by affidavit Mr. Moore has sworn that his brother who rezoned the land from A-1 to RS-1 was no the land owner and was without any authority to rezone the land. The Zoning Administrator -spoke,with the deputy_county attorney and agreed that based on the affidavit, _the zoning 'Wrr map amendment byMr. Moore's brother Was null and void. ( ZMP - 230 ) Mr. Payne recommends for precaution that the Board of Supervisors be advised of this matter and that they affirm the Zoning_Administrator's ruling that the aujication is null and void. Mr. Moore is seeking a variance to allow a second mobile home even though the Zoning Administrator advised him that obtaining such a variance is unlikely. He wishes to proceed anyway and claims a substantial hardship. Mr. Moore has an additional adjoining one (1) acre tract that is of record prior to the zoning ordinance and upon which a dwelling or mobile home could be placed. In any event, please dispose of Mr. Payne's suggestion if you feel such i.r necessary. • JBD/lt • attachment • • 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 tagAl2-)- Ion, tle. A , Vim. 2z�3_1 a�iiti) -t Fcee+ns Fr k ��.� 4 tk 2 a9a7 1 2B - AC1 Cam -Vow' �,sk'r,d Eli\ �s , Vim. 2-z937 .* Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number t� een cam- 01 .0 7f • CP ZONING DEP1?RiY; NT 411 EAST HIGH 61 REST CHARLOTTESVILLE. VIRGINIA 2 901 J. Benjamin Dick Zoning Administrator MEMO: Robert Tucker, Director of Planning . FROM: J. 1.5enjamin Dick, Zoning Administrator (1 :::-� • SUBJECT: Land of Lawrence E. Moore, Jr - Esmont (Ty-128F:-2-2) DATE: March 8, 1977 The Zoning Administrator spoke with _,r. Lawrence Moore who is seeking to place, a second mobile home on his two (2) acre. ',._nnt in Esmont. The two (2) acre tract presently has a house and a non--ccmforming mobile home. The land is zoned RS-l. However, by' affidavit Mr. Moore has sworn that his brother who rezoned the land fr-om_ \-. .. to RE-1 was n: r the land owner and was without any authority to rezone the lan:1. The ZoningAdministrator spoke with the deputy county attorney and agreed that based on the affidavit, the zoning map amendment by Mr. Moore's brother was mill ar. void. ( ZMP - 230 ) Mr. Payne recommends for precaution that the Poard of :iucervisors be advised of this matter and that they affirm the Zoning Adminitrator's ruling that the application is null and void. Mr. Moore is 'seeking a variance to allow a second mobile home even though . the Zoning Administrator advised him that obtaining such a variance is unlikely. He wishes to proceed anyway and claims a substantial hardship. Mr. Moore has an additional adjoining one (1) acre tract that is of record prior to the zoning ordinance and upon which a dwelling or mobile home could be placed. In any event, please dispose of Mr. Payne'sestion if you feel such necessary. • JBD/lt attachment • /