HomeMy WebLinkAboutVA198700063 Action Letter 1987-09-30 OF AI`
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IIZGIlJ�tA
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 30, 1987
RVC Corporation
P. O. Box 7060
Charlottesville, VA 22906
Re: Board of Zoning Appeals Action
VA-87-63 , Tax Map 42, Parcel 148
Dear Sirs:
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-87-63 was approved.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to reduce the front setback
from seventy-five (75) feet to fifty-five (55) feet to allow
construction of a single-family dwelling.
If you have any questions, please contact our office.
Sincerely,
ChcAles
Charles W. Burgess, Jr.
Zoning Administrator
CWB,JR/st
cc: Inspections Department
STAFF REPORT - VA-87-63
APPLICANT: RVC Corporation
TAX MAP/PARCEL: 42/148
ACREAGE: 2 .35 Acres
ZONING: RA (Rural Acres)
LOCATION: South side of Thrush Road, ± . 1 mile west of its
intersection with Bobwhite Court
The applicant seeks a variance from Section 10. 4 of the .Albemarle
County Zoning Ordinance . This section states:
"10 .4 Area and Bulk Regulations
Yards, minimum:
Front 75 feet . . . . "
The applicant obtained a building permit ( #87-265NR) on April 23 ,
1987 , for the construction of a single family dwelling on this
parcel . A front setback of seventy-five (75) feet was indicated
on the building permit . Due to the existence of non-compacted fill
on the property and the location of the septic system, the location
of the dwelling had to be shifted some twenty (20) feet forward on
the property. The applicant now seeks a variance of the front
setback from seventy-five (75) feet to fifty-five (55) feet .
The setback violation was not detected until the final survey of
the completed structure was performed on August 17, 1987 .
The staff is sympathetic with the applicant ' s situation, however the re-
location of the structure should not have been performed without
prior consultation with the Zoning Department staff so as to assure
compliance with setback requirements. At no time during construction,
did any Albemarle County Inspector detect the violation.
Recommendation
The application should be denied for cause:
1) The applicant has not demonstrated that his preceived 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 or convenience . The
requirement the applicant seeks relief from is shared by all
properties zoned RA.
STAFF REPORT - VA-87-63
Page 2
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.