HomeMy WebLinkAboutVA197700041 Action Letter 1977-07-12 ,mow y..►�
STAFF REPORT
VA-77-41 Lawrence H. Wood, Heirs
Tax Map: 31 Parcel 38 It,
-17
Zoning: A-1 g
EXISTING ACTIVITY " . 11-1
Country Store
PROPOSED VARIANCE
The applicant seeks ultimately the location of a permanent addition to an
existing non-conforming structure to be 16 actual feet from the existing
right-of-way. (Under the zoning ordinance amendment to section 2-3,
structures must be 75 feet from the right-of-way rather than 30 feet.)
Therefore, in essence, the variance is 61 feet under present section 2-3
although pratically due to the shape of the lot, if the 75' setback
were followed the building would be in the middle of the highway.
Under the 1976 application, VA-76-27, a 16 feet variance from the 30 foot
requirement was sought. The hardship claimed is the narrowness of the
lot and its physical layout and the physical need to the building
addition.
ZONING ORDINANCE REQUIREMENT
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 rental of property, shelters designed
and used by school children travelling to and from school, or structures,
other than signs, for which no permit is required under the Uniform
Statewide Building Code.
Any structure located in this district which was lawfully in existence
prior to October 21, 1976, and which is solely in that it is located
within seventy-five (75) feet of any street, road, or access easement as
herein above provided, may be expanded, enlarged or extended as if it
were a conforming structure; provided, however, that such expansion,
enlargement or extension shall not extend beyond the present front
building line.
STAFF COMMENT
This matter came to the Board's attention on October 12, 1976, at which
time Mr. Winston Wood objected to Mr. Don King making a variance
application without Mr. Wood's consent. Mr. Wood owns the land and
building jointly with his brother and sisters. Prior to Mr. King's
application in 1976, a temporary variance was granted year to year
that allowed a box refrigerator trailer unit to sit and be attached
to the building in the position that the permanent structure presently
occupies. The refrigerator unit was removed in 1976 and the area enclosed.
No enlargement of the area was made by the construction of the permanent
addition.
1
VA-77-41 Lawrence H. - lod, Heiar
Page II ,,,,, ..✓
Since Mr. King's 1976 application was legally nullity due to the
application being unlawful because Mr. King acted without consent
or authority of Mr. Wood, this application is now properly before
the Board of Zoning Appeals.
If the Board chooses to approve the variance, the staff recommends no
conditions.
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