HomeMy WebLinkAboutVA198600030 Action Letter 1986-08-20 STAFF REPORT - VA-86-30
APPLICANT: Robert A. Parolisi
TAX MAP/PARCEL: 62B(3)/05-L1
ACREAGE: 1 .01 acres
ZONING: RA (Rural Areas)
LOCATION Key West Subdivision, Section 5, Block L, Lot 1
The applicant seeks a variance from Section 6. 5.01 of the
Albemarle County Zoning Ordinance. This section, pertaining to
development on a nonconforming lot , states:
"6. 5 Nonconforming Lots
6.5.01 In the case of any subdivision which was
approved pursuant to Chapter 18 of the County
Code prior to the adoption of this ordinance
and which was of record at the time of the
adoption hereof, the rear, side and front yard,
and setback regulations of the Zoning Ordinance
in effect at the time of such approval shall
apply to all lots within such subdivision. "
The applicant proposes to construct a new single-family
dwelling and seeks a reduction of the front yard setback from the
minimum requirement of fifty (50) feet to twenty-six (26) feet at
the closest point . The applicant ' s parcel was created prior to the
adoption of the current Zoning Ordinance. The previous zoning
classification for this property of RS-1 (Residential Suburban)
required a fifty (50) foot front setback. The applicant cites the
topographical condition (slope) of the property as the causing
factor for the variance request .
The applicant is required to maintain a minimum side yard of
twenty (20) feet . If the dwelling were repositioned so as to be
constructed parallel to the front property line and moved closer
to the northwest property line (side line) , construction could
commence without benefit of a variance. In view of this available
alternative, the staff cannot support the applicant ' s variance
request .
RECOMMENDATION
The applicant ' s request should be denied for cause:
1) The applicant needs to provide sufficient
evidence to show that a strict application
of Ordinance requirements would produce a
clearly demonstrable hardship approaching
confiscation, as distinguished from a
convenience or special privilege . The
topographical features of the property do
limit the applicant as to where the dwelling
Now vso,
STAFF REPORT - VA-86-30 2
Robert A. Parolisi
can be constructed. Unfortunately, this
"hardship" does not exist to the extent that
the dwelling cannot be constructed without
benefit of a variance.
2) The applicant has not shown that his hard-
ship is unique to his property and not shared
by other properties in the general vicinity
and the same Zoning district . The same re-
quirement is shared uniformly by all other
lot owners in the subdivision.
3) There has not been evidence demonstrated
that an authorization of such variance will
not be of substantial detriment to adjacent
properties or that the character of the
district will not be altered.
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901-4596
(804) 296-5875
August 20, 1986
Mr. Robert A. Parolisi
1800 Yorktown Drive
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action VA-86-30
Tax Map 62B(3 ) , Parcel 05-L1
Dear Mr. Parolisi:
This letter is to inform you that on August 19, 1986, during
the regular meeting of the Albemarle County Board of Zoning Ap-
peals, your application for VA-86-30 was approved.
This variance approval allows relief from Section 6.5.01 of
the Albemarle County Zoning Ordinance to reduce the front setback
for a new dwelling from the required fifty (50) feet to twenty-
six (26) feet.
If you have any questions, please contact our office.
Sincerely,
eitC441,4 *v. B
Charles W. Burgess
Zoning Administrator
CWB/mv
cc: VA-86-30
Inspections Department