HomeMy WebLinkAboutVA198600013 Application 1986-06-10 $ 5 0 . Permit Fee (Pak-CAS Application No. / -?6- d 3
Sign Erected By: 7,4,0 ia1/L Staff: ` , JOLA-ip,
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5875
Date of Application , 19 VD
OWNER OF PROPERTY Sh'tc(slid , csliusyP Q, . OCCUPANT (If other than owner)
Name: 4 y0,4Co Name:
Address: (\ , OX y 41 Address:
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Telephone: -1-(a.-D ( {-I ,) Telephone:
Location of Property: \ ()3 C Y� Clco
`` ,� a Nan;cQ,V- 01- f3aTax Map \`tB Parcel 2�:. • (4)6, n Acreage no ac tt .cx n `ie )WJ
Existing Zoning RkM\ nnQ,2QO ) District - ; \in t1n o�
Existing Use: 5- �� E 5
Variance sought (describe briefly relief
Csought) : (� i
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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.
Th-\tcoi
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is App t* 0 -•r•Gn Date
FOR OFFICE USE ONLY
Zoning Administrato0as/3has not rendered a decision. If so, state substance of decision:
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Date of Hearing: �,:, l . i c1 c' Final Decision-II/lade:
The variance sought was deniedfprov with the following conditions:
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Special Use Permit# S p r fi 6- I-i U BOARD OF ZONING APPEALS
Sign Permit# B • .1C 7 j 1 /L /d .riti rG
Date
Building Permit#
IJ11 OF ALBEMq
444.00 pF
y�Gn�
Inspections Department
401 MCINTIRE ROAD
CHARLOTTESVILLE, VIRGINIA 22901-4596
(804) 296-5832
MEMORANDUM
TO: Charlie Burgess, Zoning Administrator
FROM: Jesse R. Hurt, Director of Inspections
RE: Board of Zoning Appeals - VA-86-13
DATE: May 29, 1986
In reference to VA-86-13, the owner is applying for a variance from
25 feet to 14 feet to the side property line.
In accordance with section 1406.2 of the BOCA Basic Building Code, the
exterior walls of buildings or structures of Type 5B construction with a
fire separation of less than 15 feet from the property line shall have a
fire resistance rating of not less than one (1) hour.
I assume that this structure is Type 5B construction, which is wood frame.
The one (1) hour wall can be installed by installing gypsum sheathing on the
outside of the wall and 5/8 " drywall on the inside of the wall next to the
property line.
If you have any questions please let me know, or if you would bring
this up at the BZA Meeting I would appreciate it.
JRH/lm
MAY 29 186
ALBEMARt l: COUNTY
ZONING DEPARTMENT
STAFF REPORT - VA-86-13
Applicant : Stephen G. Powell
Tax Map/Parcel : 94B/O1-B2
Acreage : . 9+ acre
Zoning: RA (Rural Areas)
Location : West side of Route 623 , approximately four
tenths ( .4) of a mile south of its intersection
with Route 616
The applicant seeks a variance from Section 5 . 2 . 2 . 1 (b) of
the Albemarle County Zoning Ordinance . This section, pertaining
to home occupations , states :
"5 . 2 . 2 . 1 The following regulations shall apply to any home
occupation :
b. . . . Any accessory structure which does not conform to
the setback and yard regulations for main structures in the
district in which it is located shall not be used for any
home occupation . "
The applicant desires to operate a taxidermy service as a
home occupation and seeks permission to utilize an existing
twelve (12) foot by twenty-four (24) foot accessory structure
for the business . The existing accessory structure is situated
in the rear yard area , approximately fourteen (14) feet from
the east side property line . The applicant seeks a variance
to reduce the side yard setback from the minimum requirement
of twenty-five (25) feet to fourteen (14) feet .
The applicant states that due to the topographical features
of the property as well as the location of his septic drain field ,
it would be difficult at best to relocate the accessory structure
on his property in compliance with the Zoning Ordinance require-
ment .
Recommendation : The application should be denied for cause :
1) The applicant has not provided sufficient evidence
to show that a strict application of the Zoning
Ordinance would produce a clearly demonstrable
hardship approaching confiscation as distinguished
from a special privilege or convenience .
2) The applicant has not demonstrated that his perceived
hardship is unique to his property in contradistinc-
tion to other properties in the same Zoning district
and the general vicinity. The requirement the ap-
plicant seeks relief from is shared uniformly by
all individuals desiring to utilize an accessory
structure in conjunction with a home occupation .
STAFF REPORT - VA-8 -13 r✓
Page 2
3) The applicant has not provided evidence to demonstrate
that the authorization of this variance will not be of
substantial detriment to the adjacent properties or
that the character of the district will not be altered .
In the event the Board of Zoning Appeals should find cause to
entertain the applicant ' s request , the following conditions should
be considered :
1) that the variance be approved subject to approval
of SP-86-40
2) that the permitted home occupation use of the
accessory structure be limited to a taxidermy
service only
3) that the applicant comply with any requirements of
the Albemarle County Inspections Department and the
Health Department prior to the issuance of a business
license .
Route 1 , Box 456
Troy, VA 22974
June 5, 1986
County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22901
ATTN: Charles W. Burgess , Jr.
Zoning Administrator
Dear Mr. Burgess :
In reference to your file #SP-86-40, regarding a Special Permit to locate a
Home Occupation, Class B on property owned by Stephen G. Powell , described
as County Tax Map 94B, please be advised that we wish to oppose this request.
Please notify us of the public hearings before the Albemarle County Planning
Commission and the Albemarle County Board of Supervisors .
Sincerely,
c---P-Q--,--ift--QQ-A
Denwood T. and Juanita Milby
C)7144,14atl-t " /fit I/V44i
V:ir:::$4,1:1?;z4iLdit c*ii:. F 1;4r'
j j 4
JUN 6 1986
At t-'4 M,,z.7,: E 4)-(IN`ii
4
Now, Noe
THIS DEED made this 14th day of June, 1983 by and between
R. D. WADE BUILDER, INC. , a Virginia corporation, hereinafter
the "Grantor", and CAROLYN A. SHIF'FLETT, unmarried and STEPHEN
G. POWELL, unmarried, hereinafter the "Grantees", whose address
is Route 1, Box 250-W, Troy, Virginia 22974;
W I T N E S S E T H :
That for and in consideration of the sum of FORTY-NINE
THOUSAND DOLLARS ($49,000.00) cash in hand paid, the receipt of
which is hereby acknowledged, the Grantor, subject to the matters
set forth below, hereby GRANTS, BARGAINS, SELLS and CONVEYS with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Carolyn A.
Shifflett, unmarried and Stephen G. Powell, unmarried, as joint
tenants with rights of survivorship as at common law all that
certain lot or parcel of land with the improvements thereon and
the appurtenances thereto belonging, situated on State Route 623
near Boyds Tavern in Albemarle County, Virginia, designated as
Lot 2, Block B, on plat of Woodsedge Subdivision, made by
William S. Roudabush, Inc., dated May 23, 1975 of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia,
in Deed Book 581, page 238 and being the same property in all
respects as was conveyed to the Grantor herein by deed of Nelson
C. Taylor and Robyn H. Taylor, husband and wife, dated April 4,
1983 of record in the aforesaid Clerk's Office in Deed Book 760,
page 379.
Said property is subject to the matters indicated on said
subdivision plat; to a ten foot easement along all boundaries of
said lot for the installation, maintenance and repair of utility
lines; to the restrictions set out in Deed Book 606, page 358;
and to an easement granted to the Commonwealth of Virginia by
instrument of record in said Clerk's Office in Deed Book 615,
page 520.
WITNESS the following signature and seal:
4.
R. D. WADE BUILDER, INC.
By ...d c. c G � : , -- (SEAL)
Randolph D. Wade, President
STATE OF VIRGINIA
CITY OF CHARLOTTESVILLE, to-wit:
The foregoing instrument was acknowledged before me this
A day of June, 1983 by Randolph D. Wade, President of R. D.
Wade Builder, Inc., on behalf of said corporation.
My commission expires: (6f. U Of513
�7CV-xti �?, �LZ.cs�L 5
Notary(`Public9
-2-
9 JA- g6-13
THIS IS TO CERTIFY THAT JUNE 21 , 1983 + . ,,,Ya1lf
I SURVEYED THE PROPERT OWN ON THIS PLAT AND THE TITLE LINES �1 �, .,� °. <-E'-.6'�
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AND WALLS OF THE BUILDING ARE SHOWN HEREON. 8 con.Ro. ; A'//I 54-17-3(a)655
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SIT BACK LINE � — - "'--- 37.3 '
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15 NATER LINE EASCNENT N , \
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STATE s 67 IT Or ROUTE 623 '`
PHYSICAL SURVFY OF 2291.01' TO INTERSECTION
LOT 2 BLOCK B OF ST. RTE 616—
"W00DSEDGE"
NEAR BOYDS TAVERN 1
ALBEMARLE COUNTY, VIRGINIA
WILLIAM S ROUDABUSH, INC. I
CERTIFIED LAND SURVEYOR
CHARLOTTESVILLE, VIRGINIA
DATE: JUNE 21, 1983 SCALE. ' 1"=30'
FIELD ROOK 1.1• 25 FILE NO. 4918 __
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