HomeMy WebLinkAboutVA198700018 Action Letter 1987-04-15 •
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 15 , 1987
Mr . & Mrs . Charles L. Hill
1775 Avon Street Extended
Charlottesville , VA 22901
Re : Board of Zoning Appeals Action
VA-87-18 , Tax Map 90 , Parcel 35I
Dear Mr . & Mrs . Hill :
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-87-18 was ap-
proved with the condition that the garage construction be
in accordance with Table 401 Fire Resistance Ratings of
Structure Elements of the BOCA Basic Building Code 1984
Edition.
This variance approval allows relief from Section
6 . 5 of the Albemarle County Zoning Ordinance to reduce the
side yard measurement from the required 25 feet to 10 feet
to allow an addition to the dwelling .
If you have any questions , please contact our office .
Sincerely,
Clicddesw. Bwicte44
Charles W. Burgess
Zoning Administrator
CWB/st
cc : VA-87-18
STAFF REPORT - VA-87-18
APPLICANT: Charles L. and Donna M. Hill
TAX MAP/PARCEL: 90/35T
ZONING: R-1, Residential (Previously A-1 Zone)
LOCATION: On east side of State Rt. 742 , located adjacent
to Lake Reynovia property entrance
The applicant requests a variance from Section 6 . 5 of the Albemarle
County Zoning Ordinance. Section 6 . 5. 01 , pertaining to non-conforming
lots states :
"In the case of any subdivision which was approved pursuant
to Chapter 18 of the County Code, prior to the adoption of
this ordinance . . . the rear, side and front yard and set-
back regulations of the Zoning Ordinance in effect at the
time of such approval shall apply to all lots within such
subdivision. "
A bedroom addition to the southside of the residence is proposed.
The existing house is setback approximately 22 feet from the side property
line. The proposed addition will span the entire depth of the existing
residence.
The applicant sites the following reasoning for seeking a variance:
The location of the septic field is in the front yard area
of the property; location of a satellite dish, set in con-
crete is in the rear yard; and in the north end of the
house is located the kitchen and living room which would
not be appropriate to add a bedroom to.
After a review of the applicant' s property, the staff finds that a
variance would be required, if an addition were proposed for either side
yard area. However, an addition may be probable in the rear yard
area by relocating the satellite dish.
RECOMMENDATION:
The applicant' s request should be denied for cause:
1) Sufficient evidence has not been provided by the applicant
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 presented supporting evidence that
the hardship is unique to the property in contradistinction
to the other properties in the same zoning district and
general vicinity.
STAFF REPORT - VA-87-18
3) Evidence has not been provided 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.
Should the Board of Zoning Appeals show cause, and approve the
applicant' s request, the staff recommends the following condition
be attached:
1) The proposed addition is subject to Table 401 Fire
Resistance Ratings of Structure Elements of the BOCA
Basic Building Code.