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STAFF REPORT - VA-87-8
OWNER: William R. Smith
APPLICANT: David L. Cropp
TAX MAP/PARCEL: 57/85N
ACREAGE: 2.0 acres
ZONING: RA (Rural Areas) , previous zoning of A-1
LOCATION: South side of Skyline Crest Drive , +.2 miles
west of its intersection with Rt 708
The applicant seeks a variance from Section 6.5.01 of the
Albemarle County Zoning Ordinance . This section states:
"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 twenty-two (22) foot by
twenty-four (24) foot attached garage on the north side of the dwelling.
The property was previously zoned A-1 and is required to maintain
side yards having a minimum measurement of twenty-five (25) feet each.
The applicant seeks a variance to reduce the side yard measurement to
six (6) feet .
The applicant states that the structure cannot be relocated on
the parcel so as to comply with the minimum setback regulations due
to topographical conditions (slope) on the south side of the dwelling
and the septic tank and drain field location on the east side (rear)
of the dwelling. The staff recognizes that these conditions severly
limit the applicant in the amount of buildable area available . How-
ever, the staff is concerned with the size (width) of the proposed
addition. A reduction of the addition would not abrogate the
applicant ' s need for a variance, but it would lessen the amount of
variance requested. The staff would support a variance request if
the width of the addition was reduced by approximately ten (10) feet .
RECOMMENDATION
The applicant ' s request , as presented, should be denied for
cause:
1) The applicant has demonstrated that a hardship does exist .
The point of contention from the staff ' s viewpoint is the
amount of setback variation being requested.
2) The applicant ' s hardship appears to be unique to his
property in contradistinction to other properties in the
general vicinity.
Staff Report - VA-87-8
3) The staff believes the variance as requested would be
of detriment to the adjacent property due to the close
proximity of addition (6 feet ) to the side property line.