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HomeMy WebLinkAboutVA198700061 Action Letter 1987-09-20 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 30, 1987 Ms. Patricia McGuire Rt. 5, Box 247 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-87-61, Tax Map 44, Parcel 12L Dear Ms. McGuire: This letter is to inform you that on September 29, 1987, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-87-61 was approved. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the side yard set- back from twenty-five (25) feet to fourteen (14) feet to allow an addition to a dwelling. If you have any questions, please contact our office. Sincerely, ekcsitledW. &49 Charles W. Burgess, Jr. Zoning Administrator CWB,JR/st cc: Inspections Department STAFF REPORT - VA-87-61 APPLICANT: Patricia McGuire TAX MAP/PARCEL : 44/12L ACREAGE: Not Listed ZONING : RA (Rural Areas) LOCATION: West side of State Route 660 , 1/10 mile north of the intersection with Rt . 676 The applicant requests a variance from Section 10 . 4 of the Albemarle County Zoning Ordinance . This section states : "10 . 4 Area and Bulk Regulations Yards , minimum: Side : 25 feet . . . . " A detached garage is presently under construction on the applicant ' s property . The concrete slab has been poured making the connection from the house to the garage . The applicant wishes to connect the garage with the house forming a covered breezeway, thus requiring a side setback variance for the main building of eleven (11) feet . Construc- tion on the garage was started , then the patio or terrace area formed and concrete poured , at which time the owner requested the contractor to attach the garage to the house . The staff cannot make a favorable recommendation based on the criteria for granting variances . 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 demonstrable hardship approach- ing confiscation as distinguished from a special privi- ledge or convenience . 2) The applicant has not demonstrated that the perceived hardship is unique to his property in contradistinction to other properties in the same zoning district and general vicinity. The requirement the applicant seeks relief _from is shared uniformly by all properties zoned atrial . �, �q L A, o:&c 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 be altered .