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Home My WebLink AboutVA198200012 Application 1982-04-01 "Tookir . el. . (nap, :. . - „,. I i .. v ALBEMARLE COUN 1. , ,g SA ly + / ., •,C a.0 44 , ,.,. •.....\ , ; 240, .4:---- 11 ♦1 M ',• \•4'A -� I / - —.uyAl _R—_T-�{`u. 140\ \��(\.12i ,� 1 <. \ 7:5 X / \ IC ]M 1.1 IE S • t I c� A y \••\ / t♦ `6C S O f -•�� K s' ,2 etc t ��/. '.. � � '�' �' '• �t� vlt. � \ cyV su rjOj�e. �4f'�•'\.\ •49 IiC \�--►- �r' ,=- ,„„..,, ?.---••• to 7A I/ •/- � ss _'` / / J//... It 1.1\.\\X ..•••'''''''j '..,,,,) 9 < rA / -9 -. \.'/' N . ..,k. -.---". \ 1 / \ 31 IN 14 ((( IOC y j 1 M+6 /Go \ 11111‘ OC F� • 14. AE •1 w\\/ 168 •1' < 29 IOE d oo 6 �� `L 0 ®J� . z� ` � 26 for 119 t b 479y, ,)(' ,I013 1,--- • ,,,.9.6•• / \. \.'sl: laillit 16 ?‹. 2 4 ewrAttor \ \ io . J"" -1--vf,a '19:1;';' 4/74,1/' 'S' N .— j 2 IA \:•\ : 40,1, tr 2..- ..\ _______ -4 481,1,, _,...'`,...2...." \ ' /t /> 1 Iiv / � 2IC \ �1 ef /22A\� I. */.....____-/ Aor .,,) , / / 22� / .71.-' 21E Nor , / k A / 4 / 23 rna ./t.-------. -4—"._... ---------...__- \. k) i ........s•,-...../.---------- --",..,, //) i�\ / \ 011'23, / • ..--.4) ----------.-/ •.4 ) -- \ 230 ^, • . 23 G • ' i �' \'�►n N. 341) I�f� �/i %" �//h SS Jt/• 45 SCALE IN FEET • •� ,,, RIVANNA AND SECTION 31 CHARLOTTESVILLE DISTRICTS *4111, LAW OFFICES OF J. BENJAMIN DICK 8 JOHN MICHAEL CASSELL 421 PARK STREET CHARLOTTESVILLE,VIRGINIA 22901 ASSOCIATE (804)977.6607 CHRISTOPHER M.MISLOW (804)296-7202 April 1, 1982 Robert Vaughn Zoning Administrator Albemarle County County Office Building Charlottesville, Virginia 22901 RE: Variance--Evelyn Hall Dear Mr. Vaughn: Please find enclosed an application for a variance and a check for $20. 00 filing fee. I thank you. Respectfully, J. Benjamin Dick of Counsel JBD/ljm Enclosure cc : Evelyn Hall %kW *vase INSPECTOR'S SITE PLAN OR SOIL EROSION INSPECTION REPORT TO: /9/?%' /`G'.�4"/.S SITE: DEL 7,4,/ "7i4i Z PLAN NAME OR NO. : ��--r,n,7 '7 P'Z-°o O x OBSERVATIONS: (note anyone you spoke with) a �,E-4� /p or C "5 7 a ,C cv /v c c Lr�ci s 7- /� o/d ,e7o�C�i S ' 1,c o cc.5 o //- /O. .s / „4-24-'0 a s..ii� e."C Date and Time ACTI N REQUESTED OF OWNER OR CONTRACTOR l 9 �J /a-5 �'G.S,�[C AC. S• _I 1 — -_---_ rate tnd : ,agile --- — /'Te 7¢3 To �ilci s �./40. --- -- .3-z 2" 9z FOLLOW-UP BY INSPECTOR: COMMENTS • A 3/�2�' - Date and T:me cc: Soil Erosion File Site Plan File -Mr-IVW-.••MrIP-WNW,NI,r1/7/171,,, TI•I•,I,11"111,,,TI-W-W"WWWMr,W111,"WV,11,111r1TIITI -1,411TIFT-110,11,--•,,,,P W or Mr -.Nr grew Www WW I :, Z.........„„eLtyj...1..............*... , 4 41 -)0 .$i°2-.71c.4 ts goteedgi hi. 4 6„,,.,,,,; ,,z_ AJerx, .-1.47....e__ /4 -- ..e.- 44)---) e-40.d6449,5* ib?.?es Ad vi 1 . • .. 3041-J - X $ / Ve\---: 5 .1,.)as /4 . "14 A itv.e., -74 /aa 1 c.-oe4 i,/1"-t--. 1.-)‘ 7 - ...... " 45,4_ ' . A- .4.:4 „.1.:-,,__7a4.. 41(1144C. C-0)14 Ai - tr2-_. $ 1 / ..1-at.$1.... .., .1- .11/1 iv€_. axycle$jx,c4 Itke, ; 1---.-t- km-1-e--.44./5 41.-J - stoll'Af Lit-'711-$L-Pt- _...._.<(24._ .., , , ...,. „ COUNTY OF ALBEMARLE r•r r it 1 r' ,r11) DEC 16 1994 L ATTORNEY iS OFFI, E . ',.. . : .,. , . The variance was granted. The next variance before the Board was VA-82-12, Evelyn Hall. Mr. Evans read the staff report at this time. VA-82-12. Evelyn Hall, property described as Tax Map 031, Parcel 24E, located on south side of Rt. 743, approximately 7/10 mile southeast of the intersection of Rt. 660 & Rt. 743, Zoned RA, Rural Areas. The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance to allow a single-family dwelling and porch addition to be located 9 feet from the side property line; a variance of 16 feet. Pursuant to Section 10.4, all structures shall be located twenty-five (2 ) feet from the side property line. An existing porch will be extended 3 feet closer to the property lin ,. The setback of the dwelling is now 18 feet, a non-conforming structue. The staff cannot make a favorable recommendation because we feel that the intent of the ordinance is to maintain the required setback. We cannot recommend approval. t BENJAMIN DICK, ATTORNEY, WAS PRESENT TO REPRESENT MRS. HALL. HE STATED HAT HE BELIEVED THAT A COPY OF THE PLAT THAT PERTAINED TO THIS APPLICATION WAS IN THE STAFF REPORT AND THE ORIGINAL PLAT GOES BACK TO 1961 . HE STATED THAT410 THESE LOTS WERE CREATED AT THAT TIME, BUT THE WELL LOT WAS CREATED IN 19 . HE STATED THAT ALL OF THESE LOTS INCLUDING THE WELL LOT PREDATED THE ZONI G ORDINANCE. MR. ROBERSON ASKED WHAT HE MEANT BY WELL LOT? MR. DICK STATED THAT A WELL LOT WAS DESIGNED BY THE DEVELOPER WHEN HE SU: VIDED HE WOULD DESIGNATE IT AS A COMMON WELL. HE STATED THAT HE WENT TO THE REAL ESTATE OFFICE AND PULLED THE TAX RECORDS AND WENT TO TAX MAP 31 - 24F WHICH IS OWNED BY HANSFOR. AND SALLY HALL AND THEY PURCHASED THE WELL LOT IN 1976 FROM 1 MR. & MRS. ESTES. HE STATED THAT THE WELL LOT WAS A NONCONFORMING LOT AS WELL AS ALL OF THE OTHER LOTS WHICH WAS VERY IMPORTANT IN THEIR CONSIDERATION TODAY. MR. ROBERSON ASKED IF THERE WERE A RESIDENCE ON THE WELL LOT? MR. DICK STATED THAT THERE WAS. He STATED THAT HIS CLIENT'S PROPERTY WAS RIGHT BESIDE THE WELL LOT. HE STATED THAT THIS WAS A CASE OF SELF IMPOSED 41/1 HARDSHIP, NOT ON HIS CLIENT, BUT ON THE PEOPLE OCCUPYING THE WELL LOT BECAUSE 10 4111 THE WELL LOT TRANSVERTED THE ORIGINAL SUBDIVISION LINE AND CREATED SUCH A LOT. HE STATED THAT HIS CLIENTS HAVE BEEN THERE OVER TWENTY YEARS AND THEIR LOT WAS NONCONFORMING. HE ASKED IF THE LOT WOULD HAVE BEEN NONCONFORMING IF THE WELL LOT HAD NOT BEEN CREATED? HE STATED THAT HIS CLIENTS HAD LIVED THERE BEFORE SADIE AND HANSFORDHALL MOVED THERE. HE STATED THAT THE WELL LOT IN HIS OPINION HAD PERHAPS SOME TITLE DEFEATS THAT NEED TO BE EXAMINED BY HIS CLIENT BECAUSE HE WAS YET TO ASCERTAIN HOW THIS LOT WAS CREATED ON HIS CLIENTtS LAND. HE STATED THAT THE WELL LOT PLAT CAME TO THE SURFACE AFTER THESE PEOPLE HAD BUILT ON THE LOT, AND HE STILL QUESTIONED HOW IT BECAME A BUILDING SITE. HE STATED THE BUILDING DEPARTMENT ISSUED A BUILDING PERMIT BASED ON THIS SUBDIVISION PLAT AND MR. EVELYN HALL WANTED TO BUILD A PORCH ON THE SIDE OF HER HOUSE. HE STATED THAT MRS. HALL HAD GONE TO A LOT OF EXPENSE TO BUY MATERIAL AND HIRE A CONTRACTOR AND MR. SHAWL ZONING INSPECTOR,CAME OUT AND FOUND THAT THE HOUSE WAS IN FACT TOO SCLOSE TO THE PROPERTY LINE WITHOUT THE ADDITION. HE STATED THAT THERE WAS AN EXISTING STOOP AND THIS ADDITION EXTENDED IT MAYBE ONE FOOT OR TWO FEET BEYOND WHERE IT ORGINALLY WAS. HE STATED THAT IF THE VARIANCE WERE TURNEL DOWN IT WOULD INFLICT A HARDSHIP ON HIS CLIENTS BECAUSE THE HOUSE EXISTED PRIOR TO THE ZONING ORDINANCE AND THE ADDITION WOULD IMPROVE THEIR HOME. HE STATED THAT THE ONLY OBJECTIONS THAT HE HAD HEARD WAS FROM THE PEOPLE WHO LIVED ON THE WELL LOT. MR. ROBERSON ASKED IF ALL THE HOUSES THROUGH THERE WERE NONCONFORMING? MR. DICK STATED THAT THEY WERE TO THE BEST OF HIS KNOWLEDGE. MR. VAN FOSSEN ASKED HOW CLOSE WAS THIS STRUCTURE TO THE OTHER HOUSE? MR. DICK STATED THAT IT WAS WITHIN 10 FEET OF THE PROPERTY LINE AND MAYBE 25 FEET TO THE HOUSE, BUT HE HAD NOT MEASURED IT. MR. VAN FOSSEN ASKED IF THERE WAS A DRIVEWAY ON THE PROPERTY LINE? MR. DICK STATED THAT THERE WAS AN EXISTING DRIVEWAY BETWEEN THE TWO • HOUSES. HE STATED THAT HE DID NOT FEEL THAT GOING TWO FEET OUT BEYOND AN EXISTING STOOP AND COVERING IT AND IMPROVING THE HOUSE SHOULD BE DENIED BECAUSE OF THE OBJECTIONS OF AN ADJOINING PROPERTY OWNER. 11 MR. KENNEDY ASKED IF THERE WAS ANYONE PRESENT TO SPEAK FOR OR AGAINST 1111 THE APPLICATION? HANFORD B. HALL, SR. WAS PRESENT AND HE STATED THAT HE WAS THE OWNER OF THE WELL LOT. HE STATED THAT THEY FURNISHED WATER FOR THREE OTHER HOUSES AN ' THEY' UNDERSTOOD THAT WHEN THEY BROUGHT THE PROPERTY. HE STATED THAT THEY WE E 12 FEET FROM THE PROPERTY LINE AND THAT HE WAS UNAWARE OF THE ZONING ORDINAN :E WHEN HE BOUGHT THE PROPERTY. HE STATED THAT THEY BOUGHT THE PROPERTY TO RETI E' I PEACEABLY. HE STATED THAT HE CALLED THE ZONING OFFICE WHEN THEY STARTED BUILDING AND FOUND OUT THAT THEY HAD THEIR BUILDING PERMITS, BUT THAT HE TOLD THE ZONIJ.1 OFFICE THAT SHE WOULD BE TOO CLOSE TO HER PROPERTY LINE. HE STATED THAT THEY CAME OUT AND STOPPED THE WORK BUT THEY WENT AHEAD AND POURED THE SLAB. HE STATED THAT HE WAS FOR ABIDING BY THE LAW. HE STATED THAT EVEN THOUGH IT ADDED 1 I, TO THEIR PROPERTY 17 TOOK AWAY VALUE FROM HIS. HE STATED THAT THIS CONSTRUCTIION WAS DONE IN VIOLATION TO THE BUILDING PEOPLE, AND THEREFORE HE OBJECTED TO ITo — 4110 MR. ROBERSON ASKED IF HE SAID THAT HE WAS 12 FEET FROM HER PROPERTY LINE? MR. HALL STATED THAT WAS ON THE BROWING SIDE AND THAT HE WAS ABOUT 18 1/ FROM HER PROPERTY LINE. AS THERE WAS NO ONE PRESENT TO SPEAK FOR OR AGAINST THE VARIANCE, THE PUBLIC HEARING WAS CLOSED FOR ACTION BY THE BOARD. MR. VAN FOSSEN STATED THAT IT APPEARED TO IMPROVE THE PROPERTY AND THE DRIVEWAY WOULD BE THE SCREENING. HE MADE A MOTION TO APPROVE THE VARIANCE. MR. ROBERSON SECONDED THE MOTION, AND THE ROLE WAS CALLED. MR. VAN FOSSEN — AYE _ MR. KENNEDY — AYE' MR. ROBERSON — AYE MR. SMITH — AYE THE VARIANCE WAS APPROVED. THE NEXT VARIANCE BEFORE THE BOARD WAS VA-82-13, CRUTCHFIELD CORPORATION.I Li 0 12 Now *01 STAFF REPORT VA-82-12 Evelyn Hall Tax Map: 31 Parcel : 24E Zoned: RA EXISTING ACTIVITY Single Family Dwelling PROPOSED VARIANCE The applicant requests relief from Section 10.4, to allow a single family dwelling and porch addition to be located 9 feet from the side property line; a variance of 16 feet. ZONING ORDINANCE REQUIREMENT Pursuant to Section 10.4, all structures shall be located twenty-five (25) feet from side property line. STAFF RECOMMENDATION An existing porch will be extended 3 feet closer to the property line. The setback of the dwelling is now 18 feet, a non-conforming structure. The staff cannot make a favorable recommendation because we feel that the intent of the ordinance is to maintain the required setback. We cannot recommend approval . INSPECTOR'S SITE PLAN OR SOIL EROSION INSPECTION REPORT TO: ,�✓./, i y G'�Q. S SITE: .eli''.C'2 72)/ /4I PLAN NAME OR NO. : O O 7 OBSERVATIONS: (note anyone you spoke with) /�,•,E-�,•-- �O oAz C 4' r- /v cc 'yc,s 7- /4'c',c c h� / ®/� �v-c.�s S f°JC e,r 0.eC/5 • ,6//!� /Q.rrae^ "949c w/e C•1/ o . /0. S ��or+ "0�a rsC .00 ACTI} Date and Time N REQUESTED OF-OWNER OF1 CONTRACTOR ,G¢J.,oC^c. -I '. Late. and 1.1.Tie 1.°7 74,3 AAnc¢s v,.//." -- 3-Z -8 z- FOLLOW-UP BY INSPECTOR: COMMENTS " jII l 1 / t° ` J/ 2 , a i) tc and 'I me • F" Y b v ',>, 2 F ' OWNERrS APF=RO THIS SUBDIVISION ►.iEETS wtTM MY yam . of '½, •.• S 60• sr•30- /.fio• t 6 1-re asro.. 97 I .rev 97 ro; j .'6.7 9 ,y l 1 ' I to, / / 01? / .‘ti I I —..b i / .i 01 3 � . o o !tl I 4 1 \ ti I - • hr ti � 0 . �1 \ \ • /a d fc • 'I \ �1 Wig- . f � i 2h k , `, i - I , • i e --- / , _ z iot.! pc, �,1 t- oa ` �' Y lll.S9 c • 7. •-sue- -- s . J r b iy` P • •3 'Jac • ...., Er/ PLAT 3W0rlyo 4 : l07 J'' " .JALLE •( FARM S " A SUBDIVISION IN ALBEMARLE COUNTY, VA. RIVANNA MAGISTERIAL DISTRICT _ NEAR EARLYSVILLE - 1'• too' DEC. 1941 B AJBREY HUFFMAN [ tool', [E R C HAR LOTT[3VI LL[IVIAIIIMIA ‘ i ' i __...„.. ak III IL t / 5 I tNI r4 ; * .‘t i \It!, 1Z,4 i 1 ; % " ( 1C) \ ) 1.\ .i. ' F ? 4 ' 41''` `' , i 1 t . � LI, V t .\ 'k 1 N% � ofl � � � P N --- I - OWNER'S ARRROV THIS SUBDIVISION MEETS MTH MY .1R 1:E \\ Ch.1�io%.� -4-7. 1S0 �'J r0.' 97 1 IA, its rv:<' I ��c.7J "` 141 ,VI1 ' 1 A r � `�•` ! ' t1• Z ' 3 j vl ,,, 7. .i. 1 ...,_ , , T 1r \. 4; ni‘ oaf f {'. L att 1 1 Ili se/w 1 �. , / I i Ot nl4 1 > a '1 . t� • / 5.� _ 1 tom'o '_' 7-: >9K.J9 �:� " d3 'sue_ `.... __„.. 11-3-. Ps "d'.! 00 .-.) fy PLAT S 4j 'NO 4 = lo) Jy A L L_ E Y FA RM a le A SUBDIVISION IN ALBEMARLE COUNTY, VA. RIVANNA MAGISTERIAL DISTRICT L NEAR EARLYSVILLE - 1-• too' DEC. 1961 B A JBREY HUFFMAN E Peelle [ER C MAR LOTTE3VILLE,VIRAINIA Owner: q of ALR ��-' ..Ai9 Contractor: 1.. I GINi COUNTY OF ALBEMARLE DEPARTMENT OF INSPECTIONS 296-5832 Date: 3- Bldg. Permit No. g2- 4476 Time: 3•"1-0 Permit No.: Type of Inspection: ' ❑ Approved ,g'j Rejected NOTES: /ra s ,,,tee z S ' , /.s, S- '7 0 S / • Note: If rej a fe .00 must b o there-inspection is made. Inspections Department RI- By: �•. it ll Application No. VA-gzAA -1 $zo. 1 ertnit Fee � Pp Sign Erected By: q4�1n Q Staff: h o rel ' APPLICATION FOR VARIANCE - . Zoning Department f 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application ' I .O p Q 1 L , 19 8 . CRIER OF PROPERTY OCCUPANT (If other than owner) 1 3 Name: e V izyA/ 4L L- Nate: Ls y yt E Address: Po 3 2-2— Address: ! .6-il ill-e— Telephone: 9'7,3 `�5 5 32 Telephone: p r $ 4 * Location of Property: �� 77-e- A4 7545 '— .41 % /10 i le j � ;t t' k+ 6(00 a-- Vim+ 7`1 3 Tax M Parcel 241 ( Acreage (See if, l0.-4 Existing zoning R A District Ci r\C ty' , `a Existing Use: Res cler ,A-ia- , 5 l'\ - ImillbutibAl _ Variance sought (describe briefly relief sought : _ 114 R,A.WWCC FRo/rt. 771 e �a ZoNE S/ bE y �SET1r3 4eK - f2 4 A C'-6At l=o?Nt /N G- 6uSc ' nooJ 1-ess ` -ha,,,. Any b Je,2c 4- -elck-kvim e>A 4 /(0 fob 4 Ica ri'a vz e,e Is _r�a "f ro `t 411 e , ( - 4--) The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance to allow a single-family dwelling and porch addition to be located 9 feet from the side property line; a variance of 16 feet. -Z-, 1/%/� Applican _ Date .,4L-g-eL _`/ • FOR r T-CE USE O Y Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: At' _�. ,Z0 /7 0 2 Final Decision Made: �2,1�A The variance soot;rt iv. ' t?�rtit 7�approv 1 withtfe following conditions: Special Use. PcI1111.1:1/ BOARD o z0INC; to rATL; Sign Pen11Ct.# ur API 9 Jae —. Building Pc'nni t 1f i../). ze4t.esz ,„....y. 44 \I A A ..- ) 2,. \ . • \ _. ........_ _ . 5 600 52' 30„ E 176. 73 . 17 6.73' NN y'c 0)9ai w Nk, N (.D N. ' O CO O ti Fqis� N- tiF 1 LOT 5A W ,- _ LOT 6A co • \ LOT 4 \- LOT 7 o rn 11 `z � W o PIPE 69.85' S4.1 5 ti S 46°55' E iRON rn 124. 0' 3 in z ^ .0) 0 In h 0 (NI c @WELL N M I $. W I S. i HALL. o LOT q N (, 3 --__� 2 PIPE AT POLE Cr)) I IRON 6 - _ - - 91.O 0'_ , T POLE — RON - _ — — _ 124.0 - 0 63.34 ---- STATEN 46° 55'W — — — - 73. 37 0 — — — R= '375.0 — — — ROUTE 743 SUBDIVISION PLAT LOTS 5A , 6A , AND A - A DIVISION OF LOT 5 a LOT 6 , " VA LLEY FARMS " NEAR EARLYSVILLE - ALBEM ARLE COUNTY , VIRGINIA SCALE : I" : 100' JULY 25 , 1966 i B. AUBREY HUFFMAN — ENGINEER IN ASSOCIATION WITH WILLIAM S. ROUDABUSH JR. — C. L.S.