HomeMy WebLinkAboutVA198700019 Action Letter 1987-04-16 AI ilk
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, V,i)-ginia 22901-4596
(804) 296-5875
April 16 , 1987
Mr . Joseph Daniel Fisher
#4 Solaris Drive
Barboursville, VA 22923
Re : Board of Zoning Appeals Action
VA-87-19 , Tax Map 022 , Parcel 43
Dear Mr . Fisher :
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-87-19 was ap-
proved .
This variance approval allows relief from Section
10 .4 of the Albemarle County Zoning Ordinance to reduce
the front setback from the required 75 feet to 49 feet
to allow construction of a detached garage .
If you have any questions , please contact our office .
Sincerely ,
Charles W. Burgess
Zoning Administrator
CWB/st
cc : Inspections Department
VA-87-19
I
STAFF REPORT - VA-87-19
APPLICANT: Joseph Daniel Fisher
TAX MAP/PARCEL: 22/43
ACREAGE: 4 . 645 acres
ZONING: RA (Rural Areas)
LOCATION: East side of Solaris Road in the Solaris Subdivision,
approximately 4 mile off State Route 641
The applicant is requesting a variance from Section 10 .4 to allow
the construction of a garage 49 feet from the front property line,
a variance of 26 feet. Section 10 . 4 regulations state:
"10 . 4 Area and Bulk Regulations . . .
Yards , Minimum
Front 75 feet . . . "
The property owner wishes to construct a detached garage to be
located 49 feet from the front property line, requiring a variance
of 26 feet. An unfinished work-out area will be located on a second
or upper floor area above the garage.
Topographical conditions , accompanied with the physical location
of the residence in regard to the one (1) side property line, are
reasons given for the variance request.
A garage (not necessarily a two or three car garage) could be
located on the property meeting the setback requirements . Entry to
and from the garage would again not be as the applicant has shown
on his application.
RECOMMENDATION
The application should be denied for cause:
1) The applicant has not demonstrated that his hardship is
unique to his property in contradistinction to other
properties in the same zoning district and general vicinity.
2) The applicant has not provided sufficient evidence to show
that a strict application of the zoning ordinance would pro-
duce a clearly demonstrable hardship approaching confiscation
as distinguished from a special privilege or convenience.
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.
STAFF REPORT - VA-87-19
Should the Board of Zoning Appeals find cause to approve the
applicant' s request, these conditions of approval should be considered :
1) Limit the structure height to the drawing as submitted
or not to exceed 30 feet in height.
2) That the upper portion or the total structure not be
converted to a dwelling unit or part there of .