HomeMy WebLinkAboutVA198700031 Action Letter 1987-07-15 „4,1,1
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 15 , 1987
Mr . & Mrs . John N . Stoner
160 Forestview Drive
Earlysville , VA 22936
Re : Board of Zoning Appeals Action
VA-87-31, Tax Map 30 , Parcel 28A
Dear Mr . & Mrs . Stoner :
This letter is to inform you that on July 14 , 1987 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals , your application for VA-87-31 was approved .
This variance approval allows relief from Section 10 . 4 of
the Albemarle County Zoning Ordinance to reduce the front set-
back from the required seventy-five (75) feet to seventy-two
(72) feet to allow construction of a detached garage .
If you have any questions , please contact our office .
Sincerely,
acaiIees 2s'l. Baizeted4
Charles W. Burgess , Jr .
Zoning Administrator
CWB, jr/st
cc : VA-87-31
Inspections Department
STAFF REPORT - VA-87-31
APPLICANT: John N. & Louise Stoner
TAX MAP/PARCEL: 30/28A
ZONING: RA (Rural Areas)
ACREAGE : 2 . 049
LOCATION : On east side of Forrestvue Drive off Route 660
The applicant requests a variance from Section 10 .4 of the
Albemarle County Zoning Ordinance . Section 10 . 4 states :
"10 .4 Area and Bulk Regulations
Yards , minimum
Front . . . . 75 feet"
The applicant wishes to construct a detached garage within
seventy-two (72) feet of the front property line , requiring a
variance of three (3) feet .
Construction of the garage was started in 1983 under permit
#83-1342 .
A survey was done in April of 1987 at which time the garage
was found in violation of the required setback .
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 .
2 . The applicant has not provided sufficient evidence to
show that the strict application of the Zoning Ordinance
would produce a clearly demonstrable hardship approaching
confiscation as distinguished from a special priviledge
convenience . 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 .
Should the Board wish to approve the variance as requested
because of the error in placement , we offer this opinion.
There were two (2) variances for the same subdivision (Blue
Ridge Forrest) on this meeting agenda . The development is con-
trolled by Soltec , which is the only builder in the subdivision .
Both variances are directly related to Soltec . We ask the Board
to put Soltec on official notice , so as not to have any need for
future variances .