HomeMy WebLinkAboutVA198700037 Action Letter 1987-06-10 0 , . ,
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
June 10 , 1987
Soltec
P. 0. Box 6774
Charlottesville, Va. 22903
Re: Board of Zoning Appeals Action
VA-87-37, Tax Map 30, Parcel 28J
Dear Sir:
This letter is to inform you that on June 9, 1987, during
the regular meeting of the Albemarle County Board of Zoning
Appeals , your application for VA-87-37 was approved.
This variance approval allows relief from Section 4.6 .3 .2
of the Albemarle County Zoning Ordinance to reduce a side yard
setback from the required sixty (60) feet to forty-eight and
six-tenths (48.6) feet to allow construction of single family
dwelling.
If you have any questions, please contact our office.
Sincerely,
e4441424 W. Bit/less
Charles W. Burgess
Zoning Administrator
CWB/mlm
cc: VA-87-37
Inspections
David Holliday
STAFF REPORT - VA-87-37
OWNER: David Holliday
TAX MAP/PARCEL: 30/28J
ACREAGE : 2 . 185 acres
ZONING : RA (Rural Areas)
LOCATION: In Blue Ridge Forest Subdivision, on the
southwest corner of Forestvue and Mallard
Lake Drives
The applicant seeks a variance from Section 4 . 6 . 3 . 2 of the
Albemarle County Zoning Ordinance . This section states :
"4 . 6 . 3 . 2 Other yards adjacent to streets shall have a minimum
width or depth , as the case may be , of eighty (80) percent
of the minimum front yard required in the district in which
the lot is located . This provision shall apply to lots in
the RA or Residential districts only. "
The applicant is constructing a new single-family dwelling
and seeks a reduction of the setback from Forestvue Drive from
the required sixty (60) feet to forty-eight and six tenths (48 . 6)
feet . The applicant obtained a building permit (87-225NR) for
construction of the dwelling in March , 1987 . An apparent error
was made in the approval of the placement of the structure at
fifty (50) feet from the Forestvue Drive right-of-way. The
subdivision plat for Blue Ridge Forest indicates that a fifty
(50) foot setback is required from Forestvue Drive . The appli-
cant was attempting to comply with the fifty (50) foot setback ,
but encroached into the setback area by one and four tenths (1 . 4)
feet . Upon further review of the situation, the Zoning Staff
determined that the proper setback for the structure was sixty
(60) feet from the Forestvue Drive right-of-way.
RECOMMENDATION
It does appear that an error was made in the approval of
the applicant ' s building permit . Unfortunately, there is
no legal basis for the applicant ' s variance request . The
staff recommends that the application be denied for cause :
1 . The applicant has not provided sufficient evidence
to show that a strict application of the Zoning
Ordinance would produce a clearly demonstrable hard-
ship approaching confiscation as distinguished from
a special privilege or convenience .
2 . The applicant has not demonstrated that his perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district .
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 .