HomeMy WebLinkAboutVA197800016 Application 1978-03-24 $20. Permit Fee J=�'( Application
Sign Erected By: Staff:,
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application , -i ;\ oZ , 19 r-148
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: _CN.K.s.LA D l C.‘ '� Name:
Address: c). Address:
Telephone: (Q (L'- 1 LII Telephone:
Location of Property: V,. �k r R i lQ ''L-* t
Tax Map 1 D, I\ ( ) Parcel Acreage
Existing Zoning I District ( .
Existing Use: \)C\c Sl_,‘, - c c' r �� C J.c r eca. k-c),c (ric6'q\\
Variance sought (describe briefly relief sought) :
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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.
Pate
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FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: 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 Perrnit#
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Inspections Department
Zoning Division
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE, VIRGINIA 22901 ANDREW EVANS
tONINQ ADMINISTRATOR (804) 296-5832 SENIOR INSPECTOR
June 12, 1978
Lawrence E. Moore
P.O. Box 8497
Richmond, VA 23226
Dear Mr. Moore:
The Special Use Peiu(it you now have, SP-77-15, is still a
valid permit. However, you must obtain a building permit when
you place the trailer on your property and you must meet all the
setback requirements.
If you should have any questions; please contact the Zoning
Administrator.
Respectfully,
(/7 -
J. Benjamin Dick
Zoning Administrator
•
JBD/gr.
cc: A-78-16
correspondence
SP-77-15
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IN( OF ALSzA,
4011 A 4,
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Inspections Department
Zoning Division
414 EAST MARKET STREET
J. BENJAMIN DICK CHARLOTTESVILLE. VIRGINIA 22901 ANDREW EVANS
ZONING ADMINI R (804) 296-5832 •ENIOR INSPECTOR
June 2, 1978
Lawrence Moore
P.O. Box 54
Esmont, Virginia
Dear Mr. Moore:
The Zoning Administrator has been informed your mobile home
burned to the ground.
A variance was pending before the Board of Zoning Appeals to
allow you a setback variance. A hearing was scheduled but which
you did not attend and the matter was deferred.
The variance would not be justified due to the fire and the
fact you can meet the setback if you choose to relocate a mobile
home.
If you have any ,questions, please contact the Zoning
Administrator.
Respectfully,
J. Benjamin Dick
Zoning Administrator
JBD/gr
cc: VA-78-16
STAFF REPORT
VA-78-16 . Lawrence Moore
Tax Map: 128A(2)
Parcel : 2
Acreage : 2 .00
Zone: A-1
Existing Activity
Vacant - proposed acreage for mobile home
Proposed Variance
Applicant seeks relief from Section 2-5 -1 of the Albemarle
County Zoning Ordinance to place a mobile home 11 feet from
the side yard setback; a variance of 14 feet .
Zoning Ordinance Requirement
Side. The minimum side yard for each main structure shall be
twenty-five (25) feet or more.
Staff Cotiuuent
The applicant has positioned a mobile home on a one acre lot
of record. Two acres are normally required except if the
lot existed prior to zoning. A mobile home is deemed a single
family residence under the building code and single family
residences may be located on lots of records if setbacks are
met . A zoning inspector formerly by the County approved the
setbacks and staked the location some time ago. However, some
confusion arose over the exact property line boundary and an
error in the inspection was made.
The applicant has provided a deed of record (attached) . The
applicant was thus informed of the setback problem by letter
dated April 4 , 1978 from the Zoning Administrator. (Attached)
In view of the fact that one adjoining neighbor is the appli-
cant 's mother and other adjacent property owners have not
objected to the location of the mobile home, the staff recom-
mends approval with the following condition:
1) Replacement of the mobile home with another mobile
home or modular unit shall require meeting the
ordinance setback.
P.F.D.I,Box 250
Fsmont,Va.22937 RECEIVED" 1M
Mr.J.Benjamin Pick
Zoning Administrator
h 14' Fast Market Street
rharlottesville,Va.22901
Dear Mr.nick:
I am writing to express my feelings regarding the application
of Lawrence Moore to place a mobile home 11 feet from my pro-
perty line.
I am very much concerned about the possible polluticn of my
well,since I am located below the proposed trailer site,a
septic system would be a threat to my drinking water.
since there seems to be some queston as to the property lines,
I think Mr.Moore should be required to establish the lines by
hnv:ir 7 a survey made at his expense.
7t;s''y understanding that Mr.Moore does not intend to occupy
tnis trailer himself. He. stated in his application datr,d
mnrr'h 29, 1978 that it would be owner occupied.
my husband is in a nursing home and I am under doctors care
and T. trust the Board to protect my interest,as it is impossib
le for me to appear at the hearing.
sincerely,
- ;-cG-rZC,t :7,tom'ya-a-s
(Mrr.Frank Feggans) Jennie Feggans
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Inspections Departrnel)t
Zoning Div
414 EAST MARKET SRELF I
J. BENJAMIN DICK CHARLOTTESVILLE,
ZONING ADMINISTRATOR
(804) 296-5F232
April 7, 1978
Lawrence E. Moore
P.O. Box 8497
Richmond, VA 23226
Dear Mr. Moore:
We received your letter and it has been duly recorded
in your variance file.
If you should have any questions, please contact our
office.
Sincerely,
Glenna Ratcliffe
Zoning Department
April 5, 1978
County Of Albemarle
411 East High Street
Charlottesville, Virginia 22901
Attention: Mr. J. Benjamin Dick
Re: Mobile Home Special Use Permit
SP-77-15, Tax Map 128A-2-2
Dear Mr. Dick:
Per our conversation by telephone on this date I have
enclosed copies of both of the original deeds to the land
in question near Esmont. As you can see one deed has a survey
plat and the other deed does not have a survey plat.
From looking at the two deeds you can see that they are
of some age and the wording is in such a manner it is hard
for a layman to understand.
As for the mobile home it is on the track of land that
does not have a plat, and at the present time you are aware
that some mistakes have already been made as to the location
of the mobile home.
I trust that the enclosed information is what you
need in order that the matter can be corrected without
any more delays. If you need more information please let
me know.
Y s truly,
( \ awrence E. Moore
GO �Y Ale a r? •
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Inspections Department
Zoning Division
414 EAST MARKET S-;=EE'"
J. BENJAMIN DICK CHARLOTTESVILLE, VIF.GI-'i.c
ZONING ADMINISTRATOR (804) 296-5832
April 4, 1978
Mr. Lawrence E. Moore, Jr.
P. 0. Box 8497
Richmond, Virginia 23226
Re: Mobile Home Special use Permit
SP-77-15, Tax Map 128A-2-2
Dear Mr. Moore:
Recently a zoning inspection has raised some question as to the location
of your mobile home in Esmont for Shelby Gordon. This letter is to address
the matter.
Last February you swore out an affidavit that Ray A. Moore never owned
any property in Albemarle County and the property of Mary E. Moore, your
mother, was rezoned by him without her permission. The Board of Supervisors,
thereupon, at your request, rezoned the property back to A-1, which zoning
allows for mobile homes. (May 15, 1977)
However, at the same instance of your special use permit application
(SP-77-15) of February 10, 1977, you were told that since Tax Map 128A-2-2
had a house and a mobile home on two acres, you could not have another mobile
home located on that particular property.
You requested a variance to locate the mobile home on the same two-acre
lot and applied for one also on February 10, 1977. (VA-77-10) The Board of
Zoning Appeals denied that variance.
Your special use permit proceeded without any objections from adjoining
neighbors and was subsequently administratively approved without the public
hearings required due to no objections having been raised.
It is the Zoning Administrator's recollection that you stated a one-acre
parcel existed and was platted and on record prior to zoning, (See attached
memorandum of March 8, 1977) and such one acre was adjoining the two-acre tract.
Mr. Lawrence E. Moore,
Page 2
April 4, 1978
As related to you, the one-acre lot of record would allow a single family
residence to be placed on the property, which includes mobile homes, but all
setbacks must be met. It is my understanding that some confusion exists now
as to whether there is in fact a one-acre lot of record and just where the
property line is located and that if all else is proper, a setback variance
will be required. (See Inspector's report, attached)
I must therefore request evidence of both questions in order to settle
any doubt and to allow you occupancy of the mobile home. Otherwise, you will
be in violation of the Zoning Ordinance. I recommend no further work or
investment be made on the mobile home until you have provided the above informa-
tion and I am willing to work with you on that requirement. I further recommend
that you might wish to contact the Zoning Administrator to discuss the matter
in full. The favor of a prompt reply will be greatly appreciated.
If you have any questions, please advise.
Respectfully,
N
J. Benjamin Dick
Zoning Administrator
JBD:tgm.
cc: 4//A-77-10 File
SP-77-15 File
Robert Shaw, Inspector
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GA.
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 9
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-l. However, by affidavit Mr. Moore has sworn that his
brother who rezoned the land from A-1 to RS-1 was noP 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
map amendment by Mr. 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
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's suggestion if you feel such it
necessary.
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JBD/lt •
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