HomeMy WebLinkAboutVA197800046 Application 1978-07-14 $20. Permit Fee *4kope
Application '
Vi�- I
Sign Erected By: Staff:
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application July 21 , 19 78
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: New Horizons Land Trust Name:
Address: C/O Larry J. McElwain, TrusteeAddress: Raw Land
Route 8 , Box 304, Charlottesville
Virginia
Telephone: 973-1369 Telephone:
Location of Property: Lot 22 , Block B, Running Deer Subdivision
See attached plat off c 1Z4 , C
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Tax Map I -1 Parcel 1 2 p1. 6- )Acreage 2 . 092 acres
Existing Zoning Raw Land 1)4 District
Existing Use:
Variance sought (describe briefly relief sought) :
Current building setback line is 75 ' . Construction of new home has
been started with a setback of 47 ' . 'r'QI i 2 j'
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2- -Fa Ccnstru.ct 5/ 3 y7' f reswA. W ,3
U 1 r P r-,csL o 2S ' J 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.
Ne. 162raere
Applicant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: Cl r/W,17 rV 19 & Final Decision Made: t /y,t95TOr,ult
The variance sought was denied/approved with the following conditions:
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit#
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September 6, 1991
Mr. and Mrs. Barry N. Yancey
1635 Running Deer Drive
Keswick, VA 22947
Re: VA-78-46; Lot 22, Block B Running Deer Subdivision
Dear Mr. and Mrs. Yancey:
You have inquired about the variance granted on August 8, 1978 providing
for a variance from the 75 foot required setback provided in the Albemarle
County Zoning ordinance, the variance having authorized a setback of only
47 feet from Running Deer Drive. We understand that you are purchasing
the above property.
You also advised that according to a physical survey of Gary M. Whelan
made on August 30, 1991, a copy of which is attached, the house on the
lot is setback from Running Deer Drive only 44.4 feet.
At the time the variance was granted in 1978, the house now on the
property was under construction and in granting the 1978 variance it was
the intent of the Board of Zoning Appeals that the variance granted would
be sufficient to result in the house being in compliance with the setback
requirements of Albemarle County ordinances as allowed by the variance.
Had it been known at the time of the 1978 variance that the house was
44.4 feet from Running Deer Drive rather than 47 feet, the variance
granted would have required only a 44.4 foot setback.
Since the difference in distance is de minimis, under the above
circumstances I foresee no possibility that the County of Albemarle would
ever attempt to enforce the 47 foot setback requirement, and anticipate
that if you wish to apply for a variance which reflects the setback as
shown on the attached survey by Gary M. Whelan that such variance will
be granted.
Yours truly,
STAFF REPORT
VA-78-46. New Horizons Land Trust
Tax Map: 94
Parcel: 12(pt. of)
Zone: A-1
Acreage: 2.092
Existing Activity
Vacant lot
Proposed Variance
Applicant requests relief from section 2-3 to construct a single family
dwelling 47 feet from the right-of-way; a variance of 28 feet.
Zoning Ordinance Requirement
All structures, as herein specifically defined, shall be located a minimum of
seventy-five (75) feet from any street, road, or acess 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 traveling to and from school, or structures, other than signs, for
which no permit is required under the Uniform Statewide Building Code.
Staff Recommendation
The applicant's error was a combination of mutual misunderstanding, self-
imposed violation, inspector error and no prompt follow up on the violation.
The applicant proceeded on a special footing permit and the error should
have been detected at that time.
The staff will recommend approval on the condition that this applicant is to
be placed on notice to verify compliance with county ordinances before going
as far as he did in this instance. Self-imposed hardships are not to be
condoned or encouraged.
ALBEMARLE •COUNTY f
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SCALE IN FEET RIVANNA DISTRICT SECTION 94
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