HomeMy WebLinkAboutVA198500007 Application 1985-04-09 (2) $20'. Permit Fee ?c 2,-(.. Application No. V,�/ - ,c 5-- - 0 7
Sign Erected By: ,Cr0-11,CA Staff: /'1 )Vj
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5832
Date of Application ' - «2U , 19 ,521
OWNER OF PROPERTY p OCCUPANT (If other than owner) .
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Name: Ct `t.c L 1t V C-fly t.7'1 Name: .9 cir)L _
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Address: 1, J 0 -Bc6c 5-C Address:
CA,' tilt V A 02 god
Telephone: ,c':,23 - /5-1-1 Lj Telephone:
ofa °1
Location of Property: a, 4,,,I„, i- C •`7 t Ittsi f ,ten s ,
kt ao
Tax Map 5- 7 Parcel 'i Acreage 1 , 300
Existing Zoning KA ( -ctw e)1,/ ) ('i-> ,
1 t,Lcito-i)District iti'"1t�L.�, U 1 L
Exi ting Use: arLc; J, - iyru lbcn
Variance sought (describe briefly relief' sought) :
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A ' Covnit, A /1-0J ,cti&'-1-1,7- _ail ,acle,11.1.07n ,to -ii-e Jacated- g le-e4--
,Cary it :!1(C�L ;t•ZG�iz,i �,,Y2x ,GL 4,-a,"tiCL I LC-C (, .2 _lett ,
1 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.
App is t D ie
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: 'Ltd �j Final Decision Made: ,L;/ 9 /yi'j
following The variance sought approved with the 0 conditions: '
1/7M-allia - WO 1/ /7 ohs
Special Use Permit# BOARD OF Z G APPEALS
Sign Permit# B7 a ." d 7 / 8S-
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Building PPrmi t3' 5 - 42,5 4 ,<
MINUTES OF
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
April 9, 1985 •
The Albemarle County Board of Zoning Appeals held a regular
meeting on Tuesday, April 9, 1985, in Meeting Room #7, Second
Floor, County Office Building, 401 McIntire Road, Charlottesville,
Virginia.
Messrs. present were William Heath, Carl Van Fossen , William C.
Smith, and Max C. Kennedy, Chairman .
Mr. Frederick Payne, Deputy County Attorney, was present .
Andrew D. Evans, Deputy Zoning Administrator ; Michael H . Tompkins,
Zoning Administrator; and Sharon Taylor, Recording Secretary, were
present from the Zoning Department .
As a quorum was established, the meeting convened at 3 : 00 p.m.
Mr. Kennedy stated that anyone aggrieved by a decision of the
board could appeal the decision to the Circuit Court of Albemarle
County within thirty days of the decision .
The first item before the board was VA-85-05 , Billy J. & Gloria
Bice .
VA-85-05. Billy Joe & Gloria J. Bice, property described as
Tax Map 62 , Parcel 29B located on Rt . 669, 1. 2 miles from
Rt . 20 North, Zoned RA. The applicant requests relief from
Section 10.4 of the Albemarle County Zoning Ordinance to allow
an addition to single-family dwelling to be located 57 feet
from the front property line, a variance of 18 feet .
(See Attached Copy of Staff Report )
Mr. Billy Bice, property owner, was present to speak for the
application. He stated that when John Moore built the house he did -
build the house too close to the road, but we thought the he took
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care of all of that . He stated that they did tell him at the time
that we were going to be building on in the future .
Mr. Kennedy asked if Mr . Moore was a builder or just the person
he bought it from.
Mr . Bice stated that he was the home builder. He stated that
there was no other way that they could do it because they wanted
to make the living room bigger. He stated that they could not take
out the wall between the kitchen and the living room because it was
a barrier wall , and therefore you would have to build on to the front
to make the living room bigger. He stated that the room was long
but it was not very wide.
Mr. Kennedy asked what was on the property next door.
Mr. Bice stated that the property that adjoined them belonged
to his father-in-law on one side and his brother-in-law lived on
the other side. He stated that Mr . Hurt owned behind them.
Mr. Kennedy asked who owned across the road.
Mr. Bice stated that across the road was a field but there was
a bank along the side of the road with a creek down beside it .
Mr. Kennedy stated that the chance of someone building across
the road from you with that creek involved would be pretty slim.
Mr. Bice stated that he did not think anybody would be building
there because of the high bank and creek.
As there was no one else present to speak for or against the
application, the public hearing was closed, and the matter before
the board.
Mr. Smith stated that since it was a dead end road and his in-
laws living on both sides of him, he would make a motion that the
variance be granted.
2
Mr. heath seconded the motion , and the role was called.
Mr. Smith - Aye
Mr. Heath - Aye
Mr. Van Fossen - Aye
Mr. Kennedy - Aye
The variance was granted without any conditions.
The next item before the board was VA-85-7 , Carolyn Shifflett .
Mr . Evans read the staff report at this time .
VA-85-7. Carolyn V. Shifflett , property described as Tax Map
57, Parcel 11, located on north side of Rt . 240, approximately
7/10 mile west of its intersection with Rt . 680, Zoned RA.
The applicant requests relief from Section 6. 5. 01 of the
Albemarle County Zoning Ordinance to allow an addition to be
located eight (8 ) feet from the side property line , a variance
of two (2 ) feet .
(See Attached Copy of Staff Report . )
Mr. Shifflett was present to speak for the application . IIe
stated that this was a narrow strip of land which only had 80 feet
of road frontage . He stated just as he stated the septic tank was
right in the middle of the back of the house with the drainfield.
He stated that at the other end of the house they would have the
same problem as on the east end of the house , and they would still
have to have a variance . He stated that it was close to the road
and was impractical to put the room in front of the house.
Mr. Van Fossen stated that if he put it on the front of the
house, he would still have to have a variance.
Mr. Shifflett stated that he would have to have a larger variance .
He stated that it was the only location that was suitable for it .
As there was no one else present to speak for or against the
application , the public hearing was closed, and the matter before the
board.
3
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Mr. Van Fossen stated that he thought that he had a undue hard-
ship there and the limitationsof the lot that were imposed on him,
and where his structure was located there, was no way that he could
expand without this variance. He made a motion that the variance
be granted.
Mr. Heath seconded the motion , and the role was called.
Mr. Van Fossen - Aye
Mr . Heath - Aye
Mr . Smith - Aye
Mr. Kennedy - Aye
The variance was approved.
The next variance before the board was VA-85-09 and VA-85-10,
F. Ronald Cutright .
Mr. Evans read the staff report at this time.
VA-85-09 & VA-85-10. F. Ronald Cutright , property described
as Tax Map 88 , Parcels 8 and 9, located on southwest side of
Route 708 , approximately . 3 mile southeast of its intersection
with Route 29 South, Zoned RA. The applicant requests a var-
iance from Section 10.4 (Minimum setback/yard requirements)
to allow:
1 . A single-family dwelling to be located 30 feet from the
front property line , a variance of 45 feet (Parcel 8 ) .
2 . A single-family dwelling to be located 35 feet from the
front property line , a variance of 40 feet (Parcel 8 ) .
3 . A duplex to be located 50 feet from the front property
line, a variance of 25 feet (Parcel 9) .
(See Attached Copy of Staff Report . )
Mr . Kennedy asked what Section 34 . 2 said.
Mr. Tompkins stated that set out the criteria for demonstrating
a hardship. He stated that by reading one sentence, "By reason of
exceptional topography conditions or other extraordinary situations
or, etc . " He stated that he would like to point out that the flood
plain did take up over 75 percent of the acreage .
4
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Mr. Kennedy asked if this was going to be a whole series of
variances, or is this just one application. He asked if he was
going to develop any more of these lots.
Mr. Tompkins stated that he did not believe so because there
was no other buildable land in that immediate area. IIe stated that
the green colored area was active farm land.
Mr. Ronald Cutright was present to speak for the application .
Iie stated that basically they had pointed out that the best part
of the property was in the flood plain . He stated that he bought
the property to farm, but as you can tell it was not much for farming.
He stated that there was only a couple of areas that were any where
near suitable for a house, and those are the only places that were
close to a state road. He stated that there was one other place
which was very good, but he wanted to use that maybe for a private
residence later on . He stated that he had no plans to develop the
rest of it .
Mr. Van Fossen asked if that would be up closer to Route 29.
Mr. Cutright stated that it would be up Route 760.
Mr. Kennedy asked if there was anyone else present to speak
for Mr. Cutright . HIe asked if there was anyone present to speak
in opposition .
Debbie Henyon stated that she was not sure where he wanted
to put these properties.
Mr . Kennedy stated that if she would come forward they would
show her on the map and explain the locations. He stated that they
would- be right along Route 708 .
Mrs. Henyon stated that there was a corner piece of property
he owns, parcel 8A, and asked if it was going to be this piece up
in here.
5
Mr . Cutright stated that was in the flood plain altogether,
and he would not be able to build there at all .
Mr. Kennedy stated that they could not build in the blue
area at all .
Hr. Tompkins stated that it was all in the floodplain .
Mrs. tienyon stated that she wanted to oppose it . She stated
that he has a lot right on the corner of Route 703 and Route 29
that he dumps trash on now, and she would have to question the
calliber of homes that are going to go up and if it Was going
to be detrimental to the area. She stated that they moved down
there to have a farm, and had bought a 14-acre farm last year which
they were real proud of , and she was afraid with rental units and
seeing what he does with that corner lot by dumping trash, garbage,
and wood on it , then she has to question what was going to go up
in the way of housing and if they were going to be maintained as
rental properties, and what it was going to do to their value .
Nina Ashby, adjoining property owner, stated that she would
rather not have it . She stated that she lived in the white house
across the road.
As there was no one else present to speak for or against the
application, the public hearing was closed, and the matter before
the board.
;Ir. Smith stated that Mr. Cutright was trying to use this in
the best way that he could. Ile stated that it was obvious that
the kind of house that he was going to build there was not their
problem. He stated that he thought they should approach that
from a different angle, and should bring the trash complaint to
the proper authorities to have it corrected.
6
Mr. Van Fossen stated that he sympathized with these people
not wanting anyone around them in the country, but he did feel
that he had a hardship in the restriction of the use of his land.
He stated if there were some problems with the maintenance of
them, then there were other agencies that they could be addressed
to . Ile stated that he felt that the ordinance was unduely restricted
on his use of that land, and he made a motion that the variance be
granted.
Mr . Smith seconded the motion .
Mr. Heath - No
Mr . Van Fossen - Aye
Mr. Smith - Aye
Mr. Kennedy - Aye
The variance was granted.
The next application before the board was VA-85-11, Courtney
Peck.
Mr. Evans read the staff report at this time .
(See Attached Copy of the Staff Report . )
Mr. Kennedy asked if someone was present to speak for the
applicant . He asked if there was someone present in opposition.
Ann Bruce Dorrier stated that she was present because she
was interested in Route 20.
Mr. Kennedy stated that he did not think that they would hear
it if the applicant was not present . He stated that it was customary
that they give the applicant one chance and defer it , but the board
would have to rule on it .
Mr. Heath stated that maybe they could hear from her so that
they would not have to come back.
Mr. Kennedy stated that they could hear her comments, but the
only trouble was that the applicant would not hear her comments.
7
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Iie stated that she might be put in a disadvantage by not appearing
here, but if she wanted to do it that way, then they would listen
to what she had to say and keep it in the file so that she would
not have to come back. He stated that a motion would have to be made .
Ann Bruce Dorrier stated that she lived on Route 20. She stated
that she did not know what the trouble was with this size on why he
needed a variance . She asked if it was the size or location .
Mr. Kennedy stated that it was the location since it was too
close to the road.
Mrs. Dorrier stated that there were some wrecks there while
people were trying to decipher his sign . She stated that the thing
that bothered her in issuing a variance on signs was that Route 20
was one of the prettiest roads in Albemarle County, and that she
was very much concerned about keeping the beauty. She stated that
all of us need signs out there, but if you issue one variance on
a sign , then you let the cat out of the bag sometimes, and then you
have to have a reason to turn down another application . She stated
that she thought that he had his sign made and put up before he
realized the restrictions on it , and was now seeking the variance
because of that . She stated that the sign was real large, and was
not quite to her taste, and the difficulty in reading it was that
you could not see what it says. She stated that he could do with
a smaller sign and get by very well . She stated that her main
concern and the thrust of her argument was that one variance leads
to another variance in a zoning appeal and she certainly wanted him
to have his sign and hoped that he could adjust it alright , but she
hated to see Route 20 being issued a variance that may distract from the
beauty of the road. She stated that she appreciated their conside-
ration .
8
Mr . Smith stated that if he just had the name of his farm
on the sign , then he would not need a variance.
Mr. Tompkins stated that he believed that he would.
Mr. Smith made a motion to defer the variance application
to the next meeting.
Mr . Van Fossen seconded the motion , which carried unanimously.
The application was deferred to the next regular meeting so
that the applicant could be notified.
Mr. Smith stated that Mrs. Dorrier ' s comments would be read
at the next meeting.
Mr . Kennedy asked if there was any old business.
Mr. Evans stated that he wanted to keep the board informed on
the study which they did on Minor Hill ' s storage buildings . He
stated that there were nine located there , and five were put up
by Republic Homes, four by property owners, and only one was in
compliance with the setback. Iie stated that a number of letters
would have to be sent . He stated that he thought that Republic
Homes would probably want to apply for a variance on the five which
they had located. He stated that the situation was that two of
them could not be granted variances because they were located in
the open space area and not on the people ' s property. Iie stated
that they would have to be moved, but the others may approach our
department for variances. He stated that he did not think that
was going to be the situation because they were doing a study on
another subdivision close to it , and they had located about six
over there in violation. He stated that it may be a problem which
they might have to address another way. He stated that a lot of
people think that if they have a preconstructed shed that they
can just set it on the property without a building permit .
9
As a matter of new business, Mr. Smith stated that he had
enjoyed working with everybody, but after nine years he felt like
it was time to move on . He stated that he had wrote the judge a
letter telling him that he was leaving after April . He stated
that since his time expired in May he figured that April would
be the end.
Mr. Payne stated that he had him down for May 23rd.
Mr. Kennedy asked if he would mind being present for the
May meeting.
Mr. Smith stated that he did not mind.
Mr. Kennedy stated that the board would miss him and appre-
ciated the work which he had done.
Mr . Beath made a motion that the board write a letter to
Mr . Smith of appreciation for all the work which he had done .
Mr . Kennedy stated that Mr . Smith had given some good in-
sight that the rest of them could not have given .
?Ir. Payne stated that he had received a copy of a petition
of an appeal for the matter of the body shop.
Mr. Kennedy stated that he had received a copy which he had
submitted to the Zoning Department .
Mr. Payne stated that he did not know if it had been served
yet , but he had received a copy in the mail from Steve Busch.
He stated that Mr . St . John would handle the case.
As there was no further business, the meeting adjourned at
3 :45 p.m.
Respectfully Submitted,
/ossenar V , Secretary
L
BY: Sharon Taylor , Recording Secretary
10
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STAFF REPORT - VA-85-07
APPLICANT: Carolyn V. Shifflett
TAX MAP/PARCEL: 57-11
ACREAGE: 1.3 acres
ZONING: RA(Rural Areas)
LOCATION: North side of Rt . 240, approximately 7/10 mile
west of its intersection with Rt . 680
VARIANCE REQUEST
The applicant requests relief from Section 6. 5. 01 of the Albemarle
County Zoning Ordinance to allow an addition to be located eight
(8 ) feet from the side property line, a variance of two (2 ) feet .
AREA CHARACTERISTICS
The applicant ' s residence is located on one (1) of a five (5) lot
subdivision approved in 1970. The applicant ' s lot is one of less
road frontage than the maximum of 110 feet . Single family houses
are located to the east and west sides of the Shifflett property.
Albemarle County Service Authority' s Filter Plant is located on
the opposite side of Rt . 240.
The existing house is located 18 1/2 feet from the side line where
the proposed addition is planned. To the rear of the house is
the septic tank and drainfield area.
COMPREHENSIVE PLAN
The area is designated open space under the Urban Land Use Plan
which requires a minimum density of 2 acres per dwelling unit .
STAFF COMMENTS
The lot was created as a part of a five (5) lot subdivision and
approved by the county in 1970. In 1972 when the existing house
was built , the property was zoned R-2 which required a ten (10)
foot side yard setback. As provided for under Section 6. 5. 01,
any addition to a structure built under the previous zoning
approval is subject to those setback regulations.
Upon reviewing the proposed addition the narrowness of the lot ,
plus the location of the septic system at the rear of the house
limit area for any future expansion. To meet the required set-
back requirements, it ultimately leaves the owner with one option,
and that would be a front addition , which is not practical in
regard to construction and floor plan of the existing house.
Page 2
Staff Report - VA-85-07
STAFF RECOMMENDATION
The staff is of the opinion that the property owner is somewhat
prohibited in a more reasonable use of the property in respect
to the area where expansion may occur. More practical locations
would be so located to either the side and rear of the house.
Again the staff feels that if any future road improvements or
expansion of the right-of-way occurred, therefore an addition
to the front of the residence would be closer to the public
road.
We recommend approval based on the foregoing, and that it would
not be any detriment to the adjoining properties.
•
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F/VE LOTS FOR J. HUBERT CAR V E R �A•`"'�
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LOCATED AT THE INTERSECTION OF
ROUTE240 a ROUTE 680 :'•
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NEAR CROZET C4 • ' '
•ALBEMARLE COUNTY, VA. *
R
Scale." /". /00' October /969
WILL/AM S. ROUDABUSH, ✓R.
CERT/F/ED LAND SURVEYOR
• OWNERS APPROVAL C NTY P{...NN/N6 COMMISSION BOARD OF SUPERVISORS
r, s 5 -cc/,ons and
teen mole in accordanceAllad not (.� �P
my mso-✓y o,n/ my consent A//roods not Choir/non
r r„d./y dedicated aid dery Dr dedicated to _ ‘ , ., ..
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