HomeMy WebLinkAboutVA198600032 Action Letter 1986-08-14 STAFF REPORT - VA-86-32
APPLICANT: Teddy O. Denby
TAX MAP/PARCELS: 61/168F & 168G
ACREAGE: .5 acre
ZONING: C-1
LOCATION: 512 Brookway Drive
The applicant seeks a variance from Section 21.7.2 of the
Albemarle County Zoning Ordinance. This section, pertaining to
minimum yard requirements in a commercial district , states:
"21.7 Minimum Yard Requirements
21. 7.2 Adjacent to residential and rural areas districts:
No portion of any structure except signs advertising sale
or rental of the property shall be located closer than
fifty (50) feet to any residential or rural areas district . "
The applicant proposes to construct an addition to his
commercial building and seeks a reduction of the required setback
from the abutting residential district to the east , from fifty (50)
feet to thirty-two (32) feet . The proposed thirty-six hundred
(3600) square foot addition will be constructed north of the
existing structure.
RECOMMENDATION
The application should be denied for cause:
1) The applicant has not provided any evidence to
show that a strict application of the Zoning
Ordinance would produce a clearly demonstrable
hardship approaching confiscation as distin-
guished from a special privilege or conven-
ience. The proposed addition is too large
for the property to support within the minimum
requirements of the Zoning Ordinance .
2) The applicant has not demonstrated that his
perceived hardship is unique to his property
in contradistinction to other properties in
the same zoning district and general vicinity.
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.
In the event the Board of Zoning Appeals should find cause
to entertain the applicant ' s request , the following conditions
should be considered.
STAFF REPORT - VA-86-32 2
Teddy O. Denby
1) That no outdoor storage area be allowed to the
east of the existing or proposed structures
2) That the applicant screen any outdoor storage
area in such a manner that the contents are
not visible from Brookway Drive
3) That no materials or merchandise be displayed
outdoors except in an approved outdoor storage
area
4) That the dumpster be located a minimum of sixty
(60) feet from the front property line.
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901-4596
(804) 296-5875
September 10, 1986
Mr. Teddy 0. Denby
Route 2, Box 218
Scottsville, VA 24590
Re: Board of Zoning Appeals Action VA-86-32
Tax Map 61 , Parcels 168F & 168G
Dear Mr. Denby:
This letter is to inform you that on September 9, 1986,
during the regular meeting of the Albemarle County Board of Zoning
Appeals, your applicationfor VA-86-32 was approved with the follow-
ing conditions:
1) No outside storage
2) That the dumpster be located a minimum of
sixty (60) feet from the front property line
This variance approval allows relief from Section 21. 7. 2 of
the Albemarle County Zoning Ordinance to reduce the required set-
back from an adjacent residential property from fifty (50) feet
to thirty-two (32) feet .
If you have any questions, please contact our office .
Sincerely,
&Wiled W. Bi4,114.
Charles W. Burgess ,
Zoning Administrator
CWB/mv
cc: VA-86-32