HomeMy WebLinkAboutVA198400009 Application 1984-03-15 (3) $20. Permit Fee ,/ �wr Application N^ i/f J - )1 -G 9
Sign Erected By:
OLiirdA Staff: N� V -
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
Comfy of Albemarle
i 296-5832
Date of Application ,2 .5 , 19 S,Li •
OM ER OF PROPERTY OCCUPANT (If other than owner)
Name: M---ci A 4,& Jar) Name:
Address: la 1/ . Address:
£ p,o V A 13
Telephone:p 07 -
115 SO Telephone:
Tncation of Property: A is c, ` 4. --?6,I(alp _ (-L,;,.U-4J ) o heLuS
I miles c'o 44- (o(o 5
Tax Map 19 Parcel ‘21P3847e. .r ) Acreage .21 0
Existing Zoning District -kt&
Existing Use: L
Variance sought (describe briefly relief sought) :
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I hereoy certi. y that the foregoing information is true and correct to the best of my
knowledge and belief and that I am the owner named above.
App icant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: mwIr& \"") Final Decision Made: ' /
The variance sought was /dpproved with the following conditions: / /
Special Use Permit# BOARD OF Z APPEALS •
Sign Peznm.t1fr BY. `a ':,m-ir 3-/ '-6
Date/
Building Permit#
Case NO. VA - -
Owner's Name A„,, �2.Q t `'a:CP.iL Complaint Date
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Tax Map Parcel 023 (., . o)
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I hereby certify that I have on this r`L- day of 1 , , 19S1f , mailed a copy
of the attached letter to each of the adjacent property owners at their address listed
above.
Given under my hand this 2V day of Gil, 19 qy
Albemarle County 'on n Department
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INSPECTOR'S SITE PLAN OR
SOIL EROSION INSPECTION REPORT
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Date and Time
ACTION REQUESTED OF OWNER OR CONTRACTOR
Date and Time
FOLLOW-UP fBY INNSPECTOR: COMMENTS
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STAFF REPORT
VA-84-09. Ann & Leo Mallek
Tax Map: 19
Parcel: 25A (part of 25)
Zoned: RA
Existing Activity
Barn
Proposed Variance
The applicant requests relief from Section 10.4 of the Albemarle County Zoning
Ordinance to allow a barn to be located 14.6 feet from front property line &
right-of-way, a variance of 60.4 feet; and also from Section 4. 11.2. 1
to be located on the side property line, a variance of 6 feet.
Zoning Ordinance Requirements
Pursuant to Section 10.4, all structures shall be located a minimum of 75 feet
from a right-of-way.
Pursuant to Section 4. 11.2. 1, if no utility or drainage easements or other
easements are adversely affected, accessory structures or portions thereof
may be erected no closer than 6 feet to adjacent lot lines in the case of
detached structures, or to a common wall in the case of attached structures;
provided further that no such structure shall be located within any yard
required by Section 4.6.3.
Staff Comments:
The applicant constructed a barn at the location of which the variances are
being asked for. The structure is located abutting a side property line, and
fourteen and one half (142) feet from the thirty (30) foot road right-of-way.
A building permit (FB84-4) was applied for on February 3, 1984, and the
variance application was made on the same day.
As stated in the applicant's letter to the Board, the structure could have
possibly been located irrespective of the topography to meet the seventy-
five foot setback from the road right-of-way. If a variance was warranted,
it would have been less than the 60.5 feet asked for in this application.
The location of the structure abutting the property line may serve as a
double convenience for the applicant and the adjoining property owner, but
we find that this does not constitute a hardship.
NNW 100' :wry
Staff Report
VA-84-09. Ann & Leo Mallek
Page 2
Even though the location of the structure is in conflict with the ordinance
requirements, the staff's opinion is the location would not be any detriment
to the adjoining properties. The only recommended condition is that if the
variance is granted, it should be for the use of an accessory building; and
could not be converted to a residential structure.
1"i_®ssr _. No'410
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► ' YtE rrA 84 - 09
Ann h. and Leo Mallek
1.61)- March 7, 1984
To the Board of Appeals :
We would like to present information in support of a variance for
locating a barn on our property in Earlysville. The barn is located within
the 6 foot sidelot requirement and approximately fourteen feet from the
right of way. Our land is subdivided from a family tract containing 187
acr53. Our 21 acre parcel is removed from Rt 745 approximately 1500 feet,
at the closest point. Private access is gained over a 50 foot wide right of
way through my parents' , the buckle's, land. The right of way covers 15
feet of the northeast side of our parcel, as shown on the plat on file in
the Inspector's office.
When we made plans to build on the land, we discussed lcc, tion of
our house and barn. he understood from our surveyor and then from someone
in the building inspector's office by phone that there was no setback for
agricultural buildings in this situation. My parents ' land abuts our barn
on one side. My father participated in the decision. confusion of the
requirements continued in the inspector's department as recently as the site
visit. But we now understand that the 75' setback requirement applies to
all situations.
For the following reasons we feel the present location of the barn is
the only suitable one. 1) The land has one crown about 100 feet from the
northerly property line. On this crown we have built our house. From the
house the land slopes away steeply on three sides. This condition dictates
that no structures be built upon the slope which will cause erosion, as
gathering animals would cause, stomping around the barn for feed and shelter.
2'The ravine to the east of the house is a bowl shape and carries a
tremendpus amount of water run off during rainy periods. Adding cow manure
to the strong flow of water would insure that this contamination run directly
to the lake at the southern end of the parcel. This lake is fed by three
springs and is the main headwaters for Jacob's Run, which flows directly to
Chris Greene Lake. Bill iiorris, the Watershed Management Official, has
been on the scene over the last several years to aid us and the buckles in
determining the cause of severe siltation of the lake. We want to avoid
polluting the lake wi th organic material, on which algae would grow and be
transported directly downstream to this recreation area.
5) The ravine to the west of the house contains our secondary well site,
Approximately 500 feet down a steep slope from the northwest corner of the
property. This bowl shaped area is protected from runoff from the current
barn site by the gentle slope of the land to the northerly or opposite
direction. The gentle slope and heavily wooded area will help to slow run
off and contain organic contaminants. The stream in the northerly direction
is 8c0 to 1000 feet away.
The barn is currently located with its southerly narrow end at the
crest of the hill, or divide of the watershed, so that the structure and
its roof runoff will be directed away from the well. This end of the barn
is approximately 100 feet from the boundary corner with our neigh bors,
Kermit and Ellen Roberts.
4) The slope to the south of th e house drains directly into the long
VA — 84 - 09
Mallek 2
side of the lake. This location for the barn would cause runoff problems.
Our leach field is locatad in the field to the south of the house. The
remaining fairly level land is required for a sec:,nd leach field, should
one ever be needed. This is recorded on our sanitary permit. Beyond this
region, the land falls away steeply.
The additional problem with the above site is its total exposure to
the remaining land of our abuttors. In desiring to protect the value of
their land, we chose to locate the barn in the most inconspicuous location
we could find.
5) This land has been in agricultural use for at least the last 25
years. There has been a cattle catch pen in the exact location of the
current barn for many of those years. This prior use accustomed us to
gathering the cattle in the middle of this oddly shaped piece of land and
seemed to be the only sensible location, from a use point of view, in which
to invest in improvements. Cattle from the front 60 acres or the rear
130 acres can be collected, fed and caught in this central section. My
father has already built a larger barn just beyond ours. In this family
operation we have used the areas between the two barns to construct a
paddock and crowding pen. Our barn will house a creep for feeding calves
and stalls for heifers, while the large barn will house the ecuipment and hay
and contain a vetting area. Between the two barns is an area for loading
and unloading vehicles, within the confines of a large pen. Water and power
will service our barn and will be useful to the big barn in emergency situations.
We needed a spot causing trouble to no one, in which we would each contribute
an investment which we can all use, to benefit both properties.
We thought the siting of th e barn was perfectly legal. The error of
the permit was mine (Ann Mallek). I planned to do the permits for the house
and the barn together. During the scramble of getting ready to build our
house, our contractor indicated he would take care of the building permit
on the house. In the confusion that followed, my barn papers were shoved
aside and never crossed my mind until January. I came down immediately
to file my papers, and was upset, to put it mildly, to find that we were
incorrectly informed about the setback. My husband and 1 have built the
barn ourselves, on weekends d &ring the fall and winter. Considering the
time, energy and patience of ourselves, our children and my parents, we
would never have proceeded without the assurance in mind that all was well.
We feel that there is no other location on this parcel for this barn.
1 understand that the hardship you must find to grant a variance must go
with the land. The arguments set forth concerning the topography of the
parcel, its steep slopes, the well site, the lake and our neighbor's land
value indicate ti:at this is a unique situation and not one common in this
district or vicinity. If the spirit and intent of the zoning ordinance is,
among other things, to promote agriculture in the agricultural zone, then
this petition is in harmony wi th the ordinance. We are tryin g to
protect our abuttor's la nd, not cause a detriment to it.
Authorization of the variance will not be a detriment to the adjacent
property involved. In actual fact it i will increase the protection and
security by the utilities available and will increase the efficiency and
production of the parcel. The barn site is so far removed from the public
road, over 2,00 feet, that the general public will not be harmed in any way.
We hope that the Board of Appeals will agree and ant this variance.
IOW
Rayford
Route 1, Box 255
Earlysville, Virginia 22936
March 6, 1984
To the Board of Zoning Appeals:
This is to state that we, Dr. and Mrs. John Huckle , owners
of the land adjacent to the Mallek 's barn and the only
land owners affected by this variance, have no objection
to this siting of their barn.
The road concerned in this variance request is a private
road serving only our property and the Malleks.
Concerning the set back from the property line; the
Malleks plan to rent land from us to pasture their cattle
and horses. This location of the barn will make for more
efficient handling of their livestock and ours since the
barn is available both to their property and to ours.
There is a scarcity of naturally level land on this property
and we all are reluctant to do unnecessary bull-dozing
because of siltation and the tree removal required. For
many years there has been a loading pen on the site of the
barn so no tree removal was needed. We , therefore , concurred
that this site was the ideal spot for building this small
barn.
Mrs. Mallek has mentioned the numerous other factors they
considered before choosing this site. We urge you to
grant this variance.
Thank you. ' O�
, John J. Huckle
Jac elyn N. Huckle
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