HomeMy WebLinkAboutVA198700004 Action Letter 1987-02-19 STAFF REPORT - VA-87-4
APPLICANT: Charles R. Pace
TAX MAP/PARCEL: 31/8B
ZONING: RA (Rural Areas)
ACREAGE : 2 . 5 acres
LOCATION: North side of Rt . 764 , + .4 mile east of its
intersection with Rt . 663
The applicant seeks a variance from section 10 .4 of the Albe-
marle County Zoning Ordinance . This section states :
"10 .4 Area and Bulk Regulations
Yards , minimum:
side 25 feet . . . "
The applicant is presently constructing a new single-family
dwelling and seeks a reduction of the side yard measurement on the
east side from the minimum requirement of the twenty-five (25) feet
to twenty-two (22) feet . The applicant obtained a building permit
(#86-1296NR) on October 22 , 1986 . The need for the variance was
caused by an error in the original placement of the dwelling. The
error was not detected until the property was surveyed . The appli-
cant states that he simply made a mistake in ascertaining the loca-
tion of the side property line .
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 .
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901-4596
(804) 296-5875
February 19 , 1987
Mr . & Mrs . Charles Pace
P .O . Box 122
Earlysville , VA 22936
Re : Board of Zoning Appeals Action
VA-87-4 , Tax Map 031 , Parcel 8B
Dear Mr . & Mrs . Pace :
This letter is to inform you that on February 17 ,
1987 ,
during the regular meeting
the
forbVAarl 87e4Cwasty app�ovedof
Zoning Appeals , your application
This variance approval allows relief from Section 10 . 4
of the Albemarle County Zoning Ordinance to reduce the side
yard setback from twenty-five
a(new single�family ydwelling-two )
feet to allow construction
If you have any questions , please contact our office .
Sincerely , •
elccJtled, W. /s cv yew
Charles W. Burgess
Zoning Administrator
CWB/st
cc : VA-87-4
Inspections Department