HomeMy WebLinkAboutVA198700039 Action Letter 1987-07-15 •
cf AL
RGIN�P
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 15, 1987
•
Mr. & Mrs. Malvern R. Whitaker
Rt'1, Box 220
Greenwood, Va. 22943
Re: Variance Application, VA-87-39
Tax Map 54B, Parcel 1
Dear Mr. & Mrs. Whitaker:
This letter is to inform you that on July 14, 1987, durin
the regular meeting of the Albemarle County Board of Zoning g
Appeals, your application for VA-87-39 was denied.
Anyone aggrieved by a decision of the board can apeal
the decision to the Circuit Court of Albemarle County within
thirty days of the decision.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess
Zoning Administrator
CWB/mlm
cc: VA-87-39 File
Inspections Department
STAFF REPORT - VA-87-39
OWNER: Malvern R.
TAX MAP/PARCEL: Whitaker
ACREAGE: 688
2.
ZONING: 688
LOCATION: RA (Rural Areas)
West side of Route 691 , + .2 miles south of
its intersection with Route 690
The applicant seeks a variance from Section 10. 4 of the Albemarle
County Zoning Ordinance. This section states:
"10. 4 Area and Bulk Regulations
Density . 5 du/acre . •
The applicant proposes to construct a
a varianceeo increase e density garage apartmentun and acreeeks
to . 74 dwelling units from .5 dwelling units
o the dwelling lnitsepernache . rThe applicant currentlyresides
r
in he dwelling
would be the theuproperty. If resides
granted of g them variance,
the existing dwelling would be occupied byae sone.
apartment applicantt ad
plans on retiring in the near future and believes that residing
in the garage apartment would be more conducive to retirement
The
lifestyle.
area of proposed structure would be located in
dwelling, property, approximately 150 feet from the existing
The zoning staff can
provide for a appreciate the applicant ' s desire to
comfortable retirement . Unfortunately, there is
no legal basis for a favorable recommendation to be made:
RECOMMENDATION
The application should 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
confiscation as distinguishedefromdahsp special
or convenience. pecial privilege
2) The applicant has not demonstrated that the
hardship is unique to his propertydistincti
to other properties in the same zoningcontradistinction and
general vicinity. The re district and
relief from is shared byrequirement the applicant seeks
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
the character of the district will not prepalttere or that
d.
granting of the variance would alter the character The
Page 2
Staff Report - VA-87-39
Malvern R. Whitaker
the RA District . The density level requested by
the applicant is more consistent with
zoned VR (Village Residential ) , properties