HomeMy WebLinkAboutVA198600035 Action Letter 1986-09-23 ,�Y OF ALBEM
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOrrESVILLE. VA. 22901.4596
(804) 296-5875
October 7 , 1986
Dear Applicant :
For your convenience and to allow you to organize your
thoughts prior to the Board of Zoning Appeals meeting on
October 14 , 1986 , please find attached the staff report
for your case.
If you have any questions , please contact me .
Sincerely,
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Charles W. Burgess
Zoning Administrator
CWB/st
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901.4596
(804) 296.5875
August 7, 1986
Mr. Frank A. Gregg
108 Dover Court `fi
Charlottesville, VA 22901
Re: Tax Map 60E(1 ) , C Parcel 2
Dear Mr. Gregg,
The above referenced property is non-conforming with the
requirements of the current Zoning Ordinance in regards to lot
area. The property is zoned RA and is required to have a mini-
mum lot area of two acres. The property at present contains ±
1. 2 acres. It is my understanding there is a proposed subdivi-
sion of the property which will reduce the existing lot area by
1662 square feet. Please be advised that this subdivision cannot
be allowed as it would increase the non-conformity of the property.
Simply stated, the existing property line cannot be altered unless
the property is brought into compliance with the existing Zoning
Ordinance.
If you should have any questions or require a more detailed
explanation, please do not hesitate to contact this office.
Sincerely,
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Charles W. Burgess, Jr.
Zoning Administrator
CWB/mv
cc: Amelia Patterson
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DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
• 401 Mclntlre Road
Charlottesville, VA 22901-4596
804 296-5823
MEMORANDUM
TO: Charles Burgess, Zoning Administrator
FROM: Amelia Patterson, Planner
DATE: July 29, 1986
RE:
Noncomforming Lot Area: Tax Map 60E1-C-Parcel 2
The above noted parcel is presently approximately 1.2 acres in area,
and was created prior to the date of adoption of the Zoning Ordinance .
The property is presently zoned RA, Rural Areas. The minimum lot
size is 2.0 acres in this zoning district.
Mr. Frank Gregg, certified Land Surveyor has submitted a plat to
this office proposing to take 1,662 square feet from parcel 2 to
be added to and become a part of parcel 3. (see attached plat. )
I have mentioned that this transaction would make parcel 2 more
non-conforming, or less conforming as to lot area. Mr. Gregg has
requested a written opinion from you as to whether this proposed
plat will meet the Zoning Ordinance is this respect.
Thank you for your attention to this matter, if you have any
questions do not hesitate to contact me.
AP/per
STAFF REPORT - VA-86-35
APPLICANT: Jeffrey O' Connell
TAX MAP/PARCEL: 60E(1) /C2
ACREAGE : 1 . 1 acrea
ZONING: RA (Rural Areas)
LOCATION: Farmington Subdivision, Lot 2 , Block C
The applicant seeks a variance from Section 6 . 1 . 1 of the
Albemarle County Zoning Ordinance .
This section pertaining to nonconformities , states :
6 . 1 . 1 "Any use , activity, lot , or structure lawfully in exis-
tence on the effective date of this ordinance which does not
conform to the provisions of this ordinance relating to the
district in which the same is situated , may be continued in
accordance with the provisions of this section . "
The applicant has a non-conforming lot and requests a variance
to enable the lot area to be reduced by 1 , 662 square feet (+ .04
acres) . By reducing the lot area the applicant would be increasing
the non-conformity of the property. The property is zoned RA
(Rural Areas) . The RA district requires a lot area of 2 . 0 acres .
The 1 , 662 square feet is to be added to parcel 3 .
RECOMMENDATION
The application should be denied :
1) The applicant has not shown that the Zoning Ordinance creates
an undue hardship in the reasonable use of his property.
2) The applicant has not shown that the perceived hardship is
unique to his property in contradistinction to other pro-
perties in the same zoning district and the general vicinity.
3) The applicant has not shown that the granting of the variance
will not be of detriment to the adjacent properties or that
the character of the district will not be altered .
v��Y OF AL BEA,q R
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901-4596
(804) 296-5875
October 15 , 1986
McGuire , Woods & Battle
Attn : Fred Landess
Court Square Building
P . 0 . Box 1288
Charlottesville , VA 22902
Re : Board of Zoning Appeals Action
VA-86-35 , Tax Map 60E(1) , Parcel C2
Dear Mr . Landess :
This letter is to inform you that on October 14 , 1986 ,
during the regular meeting of the Albemarle County Board of
Zoning Appeals , your application for VA-86-35 was approved .
This variance approval allows relief from Section 6 . 0
of the Albemarle County Zoning Ordinance to reduce the lot
area of the nonconforming lot by + . 04 acre .
If you have any questions , please contact our office .
Sincerely,
ei
Charles W. Burgess
Zoning Administrator
CWB/st
cc : VA-86-35
Planning Department
Jeffrey O'Connell