HomeMy WebLinkAboutVA198600050 Application 1987-01-13 S 50-. Permit Fee s0- ,,.,-- Tom°(' Application No. I/1� 4( - s a
Sign Erected By: M h . 6 & Staff: 72 r.fH.e
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5875
Date of Application %i/ /0 , 19 fC .
OWNER OF PROPERTY / OCCUPANT (If other than owner)
Name: ��,F's �b sa,✓, `lj Name: �i90iG
Address: '/3 36,/ /2 G Address:
147. ZZ 90/
Telephone: Telephone:
Location of Property: ,�1/70 8 Z f101/ t t �` sa�f� ®f C J 7 0,✓ 6-4 s
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Tax Map 73 Parcel 3 9' Acreage 2./SD
Existing Zoning District A /1c-,e
Existing Use: ,5707 4-—�1, /y ad.24.-/%7
Variance sought (describe briefly relief sought) :
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VA-86-50 . James H. Gibson , Jr . (owner) , property known as Tax Map 73 ,
Parcel 34 located on the east side of Rt . 708 , + . 5 mile south of its .
intersection with Rt . 637 , zoned RA . The applicant seeks a variance
from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce
the front setback measurement from seventy-five (75) feet to eight (8)
feet to allow construction of a satellite dish .
knowledge and belief and that I am the owner named above.
Applicant Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: qqn.�� of \�'I 1 Final Decision Made: %�c,, . j3, I j �'7
The variance sought denied/apiroved5 with the following conditions:
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Special Use Permit# BOARD OF Z G APPEALS
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STAFF REPORT - VA-86-50
APPLICANT: James H. Gibson, Jr.
TAX MAP/PARCEL: 73/34
ZONING: RA (Rural Areas)
ACREAGE: 2.15 acres
LOCATION: East side of Route 708, approximately . 5 mile
south of its intersection with Route 637
The applicant seeks a variance from Section 10.4 of the
Albemarle County Zoning Ordinance. This section states:
"10.4 Area and Bulk Regulations
Yards , minimum:
Front : 75 feet . . . "
The applicant has erected a satellite dish on his property
in violation of the front setback requirement of the Rural Areas
(RA) District . The applicant now requests that the setback for
the satellite dish be reduced from the minimum requirement of
75 feet to 8 feet . The applicant did not obtain a building permit
prior to erecting the satellite dish on his property.
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 contradistinction to other
properties in the same zoning district
and general vicinity. The requirement
the applicant seeks relief from is
shared by all properties zoned RA.
3) The applicant has not provided evidence
to demonstrate that the authorization of
the 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 finds cause to
approve the applicant ' s request , a condition limiting the
variance to the satellite dish only should be considered.
Satellite Service, 1 nc.
�� . P.O. Box 8124
Charlottesville, PA 22906SYL
004)973-9591 •
JANUARY, 1986
Albemarle County Zoning Commission
Review Board
RE: Gibson review
Dear Board,
On or about November 1, 1986 we were asked to locate a site for
location of a 3.0 meter TURO antenna on Mr Gibson's property located
on state route 708. We did an on site survey using professional
equipment designed to check for visible obstructions which would
interfere with the operation of a home TURD earth station. After
checking all possible locations on Mr Gibson's property we could locate
only one location which was within the guidelines in which a TURO
earth station can operate. Even then a 10 ft pole was necessary to
overcome obstructions which were not located on Mr Gibson's
property.
In conclusion there is no other suitable location on this parcel of
land. The property is surrounded by trees located on property, not
owned by Mr Gibson, which cause an obstruction to the satellite
signal.
Also in 1986, the FCC ruled that state and local governments cannot
ban or impose restrictions on the location of antennas unless it
violates a "reasonable and clearly defined health, safety or aesthetic"
consideration.
Sincerely,
y
Kenneth Carter
President SSI
Page 11
Minutes of Albemarle County Board of Zoning Appeals
January 13 , 1987
The role was called .
Mr . Roberson - Aye
Mrs . Huckle - No
Mr . Heath - Aye
Mr . Kennedy - No
The application was denied .
The next application before the board was VA-86-50 , James H.
Gibson , Jr .
Mr . Evans read the staff report .
VA-86-50 . James H. Gibson , Jr . , property known as tax map
73 , parcel 34 , located on the east side of Rt . 623 in the
Woodsedge Subdivision , Zoned RA . The applicant seeks a
variance from Section 10 . 4 of the Albemarle County Zoning
Ordinance to reduce the front setback measurement from
seventy-five feet to eight feet to allow construction of
a satellite dish . (See the attached copy of the staff
report . )
Mr . Kennedy , Chairman , asked for a five minute recess at
4 : 11 p .m.
The meeting reconvened at 4 : 16 p .m.
Mr . Kennedy asked if someone was present to speak for VA-86-50?
Mr . James Gibson , Jr . , owner , was present to speak for the appli-
cation . He stated that he installed the satellite dish without a
permit because he was not aware that a permit was required . He
stated after a site inspection was done , they found that this lo-
cation was the only spot on the entire property that the dish would
operate properly . He stated that: there were a lot of trees on the
property . He stated that he had a letter from the purchaser stating
that this was the only working location for the satellite , which he real
into the record . He stated that it would be very expensive to re-
move the large trees and would take away from the beauty of the
area . He stated that he had taken some pictures which he showed
the board .
-
Page 12
• Minutes of AlbVtarle County Board of Zoning Appeals
January 13 , 1987
As there was no further public comment , the matter was
placed before the board .
Mrs . Huckle asked if the Zoning Ordinance had any provisions
about dishes?
Mr . Burgess stated that there were no provisions for dishes
for individual residential use .
Mr . Roberson stated that he considered dishes as a special
exception , especially where the topography prevents bringing in
a signal on a regular channel . He stated that he would like to
. .
put a two year limit on this to see if at that time the need •was
still there .
Mr . Heath made a motion that the variance b.e. gr.anted for a
period of two years .
Mr . Roberson seconded the motion .
Mrs . Huckle asked if it should restrict it to the satellite
dish?
Mr . Roberson stated that it was to be restricted to the
satellite dish only.
Mr . Heath agreed to add that condition to his motion .
Mr . Kennedy stated that the motion was to approve the appli -
cation as submitted for the satellite dish as it existed on the
property for a period of two years .
The role was called .
Mr . Heath - Aye
Mrs . Huckle - Aye
Mr . Roberson - Aye
Mr . Kennedy - Aye
- ,
ALBEMARLE COUNTY
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OR f4 pe /ldY
This is a plat of 2 15/100A.. of land situated about 4 miles
So. of Ivy, Albemarle County, a portion of the Garland Tract sold by Nora
..
Lee Hay to James $. Gibson, Jr. , and is bounded as follows. Beginning in .
center of North Garden Road a corner to Gentry F. Ray thence along center
of Road 541 feet to a point opposite an iron thence new lines with Nora Lee
Ray S. 78 3/4 E. 203 ft. to an iron N. 8 E. 39u ft . to an iron and Locust
pointer in lane of H. ii. Cook Est. thence with line of same N . 78 3/4 W.
195 ft. to center Old North Garden Road opposite a small walnut side line
thence along old road N . 232 W. 178 ft. thence with Simmons S. 75 W. 25 ft.
to the beginning .
Hugh F. Simms, S. A. C.
June, 1940.
V LnGi'A il-,,
In the Clerk' s Office of Albemarle Circuit Court, June 22nd, 1940 .
This deed was presented to L.e in said office and with certificate annexed ad-
mitted to record at 10:40 A. M. and plat attached.
Teste:
6(7-77-72-' 11) . A Clerci .
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