HomeMy WebLinkAboutVA197900063 Application 1979-09-14 $20. Permit Fee ___QAppiicaticn Nc _ V/- 79-,3
Sign Erected By: Staff: 2,...,,,,,, .,_ _Dj'
APPLICATION FOR VARIANCE i 1 1
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
1
Date of Application 4Lyt
/T , 19 '79 . 1
CWNER OF PROPERTY OCCUPANT (If other than owner) i
Name: 30 V 4,CAezip S .� O PP�It-- Name:
Address: P Q . cos,2.3 Address:
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Telephone: cj`i`i ‘cl.S 4" Telephone: 1
Location of Property: \Zgw"M (p 6 c - #.1 e,44.. ci4am li m t ouv
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Tax Map Parcel 4 Acreage 7_4)
Existing Zoning A ^1 District W i 4A-Z,.,
Existing Use: AC,LA t° .*Tv iLe
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.
•
eirill*C777ract Purchaser Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: j a q /��j Final Decision Made:
The variance sought was d'eniddlapproved with the following conditions:
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit#
Yin' flCis,3
JAMES E. CRAIG
908 EAST HIGH STREET CHARLOTTESVILLE. VA. 22901
26 November 1979
Mr. Jesse Hurt
Deputy Zoning Administrator
Albemarle County
414 East Market Street
Charlottesville, Virginia 22901
Re: Douglas Thropp Property near
Free Union
Dear Mr. Hurt:
Mr. Thropp is contesting the right-of-way through his property
to a tract of land to which I am contract purchaser. Attached you
will find some of the correspondence relating to this matter. In
addition to the right-of-way matter, I am also holder of a deferred
purchase money Deed of Trust on the property which Mr. Thropp owns,
so my interest is more than passive.
The outcome of this matter is important not only to the exact
location of the right-of-way but as to the width of the right-of-
way. As to the width, the Planning Commission required that Mr.
Thropp dedicate a 30' easement through his property to a two acre
tract which he also owns for the purpose of constructing a dwelling.
It is my feeling that this 30' easement should be taken into con-
sideration in determining any setback requirements.
I hereby request that before any building permits, variances,
etc. are issued to Mr. Thropp that the matter of the location of
the right-of-way and its width be resolved.
Sinc rely,
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STAFF REPORT
VA-79-63. DOUGLAS S. THROPP, JR.
TAX MAP: 30
PARCEL: 4
ZONE: A-1
EXISTING ACTIVITY
AGRICULTURE
PROPOSED VARIANCE
APPLICANT REQUESTS RELIEF FROM SECTION 2-3 OF THE ALBEMARLE COUNTY ZONING
ORDINANCE TO ALLOW 2 TENANT HOUSES AND ANY OTHER FARM STRUCTURES NEEDED
IN THE FUTURE TO BE LOCATED 20 FEET FROM THE EAST SIDE OF THE ACCESS
EASEMENT; A VARIANCE OF 55 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 ACCESS
EASEMENT. FOR PURPOSES OF THIS SECTION ONLY, THE TERM "STRUCTURES"
SHALL NCT 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
Unless the applicant can represent a demonstrable hardship, staff must
recommend denial. I feel the applicant does have enough land to meet
the setbacks without undue hardship. This request is for a blanket
variance.
410
The next variance before the Board was VA-79-33,Douglas Thropp.
Mr. Vaughn read the staff report at this time.
VA-79-33. Douglas Thropp, property described as Tax Map 30,
Parcel 4, Zoned A-1, located on a private road south of Route
655. The applicant requests relief from section 2-3 of the
Albemarle County Zoning Ordinance to allow two structures for
greenhouses to be located 20 feet from an access road; a variance
of 55 feet.
The land to the east of the access road falls off very steeply
and would increase costs very substantially. The land to the
west is limited by the City's natural gas line. The 6 green-
houses require 180 feet and they have approximately 202 square
feet.
The applicant claims the hardship of being bound by steep
topography, gas line right-of-way and an old road. Staff
recommends approval subject to the following conditions:
1. The accessory buildings be placed as far back as feasible
so as not to violate the gas right-of-way nor to go over
the steep slopes to the satisfaction of the Zoning
Administrator.
2. In no case shall the variance be less than 20 feet.
Mr. Thropp was present to represent the application. He stated
he was 688 feet off Route 665, east of Free Union. The rear edge of
the building would be 18 feet below the road if they followed the
code. He said they would be carrying 21/2 tons of tomatoes a week
between the greenhouse and the shed building and to take the tomatoes
down steps that far would pose a problem.
The gas line requires Mr. Thropp to be set back 20 feet from the
center of the line.
Mr. Thropp stated he would be growing the tomatoes in the green-
houses and packing and storing them in the shed building.
Mr. Smith asked where the easement went or what property was
served by it.
Mr. Thropp stated the road led back to parcels 5, C and 7. He
also stated that he was told when he went for his culvert permit that
-16-
{
he and Mr. Birckhead (improving lot #6) would be the only building
permits issued. Permits would not be issued for lots 5 and 7 unless
the right-of-way is 30 feet wide. The right•-of-way is now 161 feet
wide. This means there will be no other person using the road except
the owner of Lot 6. The owners of .lot 5 and 7 will have to obtain
access to the state road some other fashion.
Mr. Thropp stated if you go west of the gas line, the land falls
off vertically 60 feet. The greenhouses have one floor level.
Mr. Kennedy stated Mr. Thropp was requesting relief for two
buildings, the greenhouses and the shed. The access road will be
between the shed and the greenhouses.
Mr. Isaas Banks, an adjoining property owner, was present to
speak. He stated he received the letter on June 7, so he only had
two days to prepare his objection.
Mr. Banks presented and read a letter of objection from Mr.
Catterton. Mr. Catterton stated he felt the land should be left
rural and that he opposed to the construction. of greenhouses.
Mr. Banks then presented his letter of objection stating his
objections as follows:
1. The construction and operation of the six greenhouses
and shed building would occur in close proximity to
the Banks family graveyard, thereby desecrating the •
grave of John A. Banks.
2. The existence of the six greenhouses and a shed building
in the proposed location would be visually offensive
and interfere ':ith the comfortable enjoyment of life on
the Banks property.
3. The vehicular traffic associated with the operation of
six greenhouses would cause substantial damage to the
Banks residence which is located in close proximity to
the right-of-way.
4, The 16' ft. right-oI-wav is not capable of nor was it
intended to accomodate the construction, employee and
operational activity associated with six greenhouses
and a shed building. ry
-1.7-
5. The applicant was aware of the steep topography
when the land was purchased. The applicant has
expertise in the use of surveying instruments and
made extensive measurements when considering the
purchase of other parcels in Albemarle County.
6. The applicant had always planned to construct and
operate greenhouses as demonstrated by the applicant's
statements while examining other property in the County.
7. The applicant had no right to presume that the
variance would be allowed for this property.
8. The construction and operation of the six green-
houses and shed building in the proposed location
would result in air and noise pollution of the
Banks property.
The letter of objection was signed by Isaac Banks, Sidney Banks,
Willia L. Banks and Arlene D. Banks.
Mr. Banks stated he lived in Washington but makes week-end visits
to keep up the land. He stated by granting Mr. Thropp the variance,
it would be imposing a hardship on him and he felt that was not the
intent of the Ordinance. He felt they were equal before the Ordinance
and a variance should not be granted to give Mr. Thropp an advantage
at his expense.
Mr. Kennedy asked the Zoning Administrator if Mr. Thropp was allowed
to build the greenhouses if he did not require a variance.
Mr. Vaughn, Zoning Administrator, stated if it was his own agricultural
activity, it was an allowed use "by right" in the A-1 zone.
Mr. Banks stated he had no objections to his proposal, only to where
he proposed to locate it. If he followed the 75 foot setback, Mr. Banks
stated he, would have no objection. He stated this variance would put
greenhouses immediately behind his grandfathers' grave. He stated the
scene out Ld.'k is now a rural scene,one which will he replaced with
whatever it takes to transport tomatoes to a shed building. There will
be traffic up and down the ri.,',ht-of-way.
-18-
Mr. Thropp stated he had a right to have the greenhouses on his
property and where he put them on his property was his business so long
as he maintained side yard setbacks. Fe stated that Mr. Banks was not
a party to the right-of-way nor did he have any interest in the right-
of-way.
Mr. Banks felt to talk in exact terms of what would be going on
in a business not yet started was inaccurate and could not be determined.
Mr. Thropp stated the access road was only on paper. It is grown-up.
He stated his request was in no way an infringement on Mr. Banks' rights.
Mr. Smith stated he did not see Mr. Banks interest in the request.
Mr. Kennedy stated the issue before the board was "has Mr. Thropp
shown a hardship to warrant granting the variance?"
Mr. Thropp stated the location proposed was the only place on the
20 acre parcel economically suitable for the greenhouses.
As there was no one else present to speak for or against the variance,
the public hearing was closed for action by the Board.
Mr. Smith made a motion to grant the variance.
Mr. Kennedy stated he was troubled by the fact of possible widening
of the road in the future. Mr. Kennedy seconded the motion and the roll
was called.
Mr. Bain - Aye
Mr. Kennedy - Aye
Mr. Roberson - Aye
Mr. Smith - Aye
The variance was granted.
The next variance before the Board was VA-79-34, William T. Knight.
Mr. Vaughn read the staff report at this time.
VA-79-34. William T. Knight, property described as Tax Map 103,
Parcel 36E, Zoned A-1, located on Route 795 in Slate lull. The
applicant requests relief from section 2-3 of the Albemacle
County Zoning c)rdim nce to allow a garage to be setback in line
•
with the front of the house; a variance of 70 feet.
-19-
Mr. Knight would like the garage in line with the existing
driveway so that it borders the house and so it can be
easily accessable.
All structures, as herein specifically defined, shall be
located a minimum of seventy-five feet from any street,
road or access easement.
The applicant's home was built'some time ago and he wished merely
to have his garage in line with the house and no further forward.
Since this road will not be improved by the Highway Department
and it is more or less a private right-of-way, staff recommends
approval.
Mr. Knight stated he had studied the property since acquiring it. He
stated he taught Auto Mechanics at Piedmont Community College and very
much wanted a garage. The property, he stated, is on the top of a hill
and drops from every direction. He stated his adjoining property owner did
not have any objections.
Mr. Smith stated since the house already existed and since he had
a real topographic problem he felt in favor of the variance.
Mr. Smith made a motion to grant the variance. Mr. Bain seconded
the motion which carried unanimously.
Mr. Bain made a motion to approve the minutes of April 10, 1979.
Mr. Smith seconded the motion which carried unanimously.
The mcertng was adjourned at 7:00 p.m.
Respectfully Submitted
//1„;-_,/4. (6-1.
William C. Smith, Secretary
,4---,e)4(4 j V,//t_
BY: Glenna hate!it-fey`Secretary
-20-
1
$20.00 Permit Fee �� , (a Permit NO.: M 4-I P_ it/g_ cc/
Sign Erected by:.. Staff: >.
MOBILE HOME PERMIT APPLICATION
Zoning Department
414 E. Market Street
Charlottesville, VA. 22901
County of Albemarle
296-5832
Date of Application: kA 44-1 , 19.)9 .
Location of Property e 1 F 4(, c 0.Ars-r e T e.cG V r1 n 0.4/
Tax Map 3 O Parcel '4 Acreage 7„p
Existing Zoning A —I No. Existing Dwellings Nioo4e.
District: (,V µ rre. 4,A
OWNER OF PROPERTY OCCU ANlT (If other than property owner)
Name: 1!Q v Gy m S • 1 t#jL+ii p Name: 5 hx4l..
Address: P.co• (2i {e c Z--S Address:
Vl Ln`
Telephone: Cl 3 — it.1 2 . Telephone:
DESCRIPTION OF MDBTT F HOME:
Year: 174+ Manufacturer: Viita4tAili Size: 1Z Coo
Section of Zoning Ordinance under which application is made:
2-1-23A x 11-14-3
2-1-23B 11-14-4
2-1-25(32)
We, the undersigned, do hereby certify that the foregoing information is true and correct
to the best of our knowledge and belief and that we have read and understand the provisions
of the Albemarle County Zoning Ordinance under which this application is made.
erty owner t2
Occupant Date
FOR OFFICE USE, ONLY $
i
Objections by neighboring property owners
APPROVALS:
(1) Building Official (3) Planning Commission
Date Date
Bldg. Permit No:
(2) Zoning Administrator (4) Board of Supervisors
Date Date
SPECIAL USE PERMIT #
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