HomeMy WebLinkAboutVA198700062 Action Letter 1987-08-20 ?C��F AL134,7.
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 30, 1987
Mr. & Mrs. John A. Hamner, Jr.
Rt. 4, Box 7
Scottsville, VA 24590
Re: Board of Zoning Appeals Action
VA-87-62 , Tax Map 130A(1) , Parcel 20
Dear Mr. & Mrs. Hamner:
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-87-62 was approved.
This variance approval allows relief from Section 12 . 3 and
30. 5. 6.2 . 1 of the Albemarle County Zoning Ordinance to reduce the
side yard setback from fifteen (15) feet to six (6) feet and to
reduce the front setback from one hundred fifty (150) feet to one
hundred five (105) feet to allow construction of a deck.
If you have any questions, please contact our office.
Sincerely,
elute Biome-its
Charles W. Burgess, Jr.
Zoning Administrator
CWB,JR/st
cc: Inspections Department
STAFF REPORT - VA-87-62
APPLICANT: John A. Hamner , Jr . and Ann A.
TAX MAP/PARCEL: 130A(1) /20
ACREAGE : 1 . 49
ZONING : VR (Village Residential)
LOCATION: Located on the east side of Rt . 20 south ,
+ 1/10 mile north of Rt . 6
The applicant seeks a variance from Sections 12 . 3 and 30 . 5 . 6 . 2 . 1
of the Albemarle County Zoning Ordinance . These sections state :
"Section 12 . 3 AREA & BULK REGULATION
Yards , minimum:
Side : 15 feet . . . . "
"30 . 5 . 6 . 2 SA-Highways
30 . 5 . 6 . 2 . 1 No buildings or structures other than necesary
accessory appurtenant fences and/or walls , except as here-
after provided in the case of certain signs , shall be con-
structed within any SA-highways overlay district . "
The applicant wishes to add a deck addition to the existing
residence . When the house was constructed in 1973 the R-1 zoning
applied to the property which only required a ten (10) foot side
setback and a thirty (30) foot front setback .
Three (3) roads , one of those being Rt . 20 south was designated
as Scenic Highways in February, 1976 . This approval was for an overlay
district and applied over the basic underlying district .
The property is located adjacent to the Sushka property which
will soon accommodate accessory tourist lodging and north of
commercial zoned property housing Lumpkins Restaurant .
RECOMMENDATIONS
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 approaching con-
fiscation as distinguished from a special privilege 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.
Page 2
Staff Report - VA-87-62
John A. Hamner , Jr .
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 .
In the event the Board of Zoning Appeals should find cause
to approve the applicant ' s request , the following condition
might be considered :
1) Screening be provided for the immediate area of the
deck for the abutting property.