HomeMy WebLinkAboutVA198700017 Action Letter 1987-04-15 improMMEMMIlip
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596 '•
(804) 296-5875
April 15 , 1987
Mr . Roy Lee Yancy
1521 Shadow Oaks Place
Charlottesville , VA 22901
Re : Board of Zoning Appeals Action
VA-87-17 , Tax Map 46A2 , Parcel 01-5
Dear Mr . Yancy:
This letter is to inform you that on April 14 , 1987 ,
during the regular meeting of the Albemarle County Board
of Zoning Appeals , your application for VA-87-17 was denied .
Anyone aggrieved by a decision of the Board can appeal
the decision to the Circuit Court of Albemarle County with-
in thirty (30) days of the decision .
If you have any questions , please contact our office .
Sincerely,
Ch a4Ie•S 10. /3r14944A
Charles W. Burgess
Zoning Administrator
CWB/st
cc : VA-87-17
STAFF REPORT - VA-87-17
APPLICANT: Roy Lee Yancey
TAX MAP/PARCEL: 46(A2)-01 , Lot 5
ZONING: R-2
ACREAGE: 16,700 sq. ft .
LOCATION: Southside of Shadow Oaks place at the corner of
Rt 652 (Old Brook Road) - Raintree Subdivision
The applicant request a variance from the County Zoning Ordinance
Section 14.3 to reduce the sideyard setback from 10 feet to 3 feet for
the construction of an attached garage. Section 14.3 pertaining to
setbacks in the R-2 residential district states:
"14. 3 area and Bulk Regulations . . . .
Yard, minimum
Front 25 feet
The applicant wishes to construct a garage addition to the west
end portion of the residence. A variance of 7 feet would be required
to allow the applicant to construct the garage within 3 feet of this
property line.
A storage building is presently located in the southwestern
portion of the rear yard area.
Average lot size in Phase I of the Raintree Subdivision is 10,521
which is slightly less than the applicants lot size. The corner of
the existing residence abutts the front building setback line of 25 ft .
and the rear portion is 19.3 feet from the side line. The applicant
wishes to attach a 12 ft garage addition to the house, leaving a side
line setback of 3 feet .
RECOMMENDATION:
The application should be denied for cause:
1) 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 that the applicant seeks relief
from is shared by all properties zoned R-2 .
2) The applicant has not provided sufficient evidence to show
that a strict application of the Zoning Ordinance would
produce a clearly demonstrable hardship approaching
cohfiscation as distinguished from a special privilege or
convenience.
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 or that the character
of the district will not be altered.
STAFF REPORT - VA-87-17
Should the Board of Zoning Appeals find cause to grant the
applicant ' s request , the following conditions be attached:
1) Garage construction be in accordance with Table
401 Fire Resistance Ratings of Structure Elements
of the BOCA Basic Building Code 1984 Edition.
2) Only solid wall construction be allowed adjacentto
this property line, from which the variance is
being sought .