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HomeMy WebLinkAboutVA198700072 Action Letter 1987-10-19 ... ,�p ALg9 IRG11� COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 11, 1987 Mr. & Mrs. Kenneth A. Rogers Rt. 8, Box 152A Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-87-72 , Tax Map 46, Parcel 93J6 Dear Mr. & Mrs. Rogers: This letter is to inform you that on November 10, 1987 , during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-87-72 was denied. Anyone aggrieved by a decision made by the Board can appeal 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, 044,64 W. Charles W. Burgess, Jr. Zoning Administrator CWB:JR/st cc: VA-87-72 STAFF REPORT 1 vA-87-72 APPLICANT: Kenneth A. or Josephine Rogers TAX MAP/PARCEL: 46/93J6 ACREAGE: 2 . 001 acres ZONING: RA (Rural Areas) LOCATION: East side of State Rt. 643 , approximately 2/10 mile south of the intersection of Rt. 645 and Rt. 643 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: Side 25 feet . . . . " The applicant wishes to construct a two (2) car garage addition to be attached to an existing single-family residence. Reasons for justifying the variance, presented with the appli- cant's request, are the following: a) Adequate area on the west side of the house is already occupied by a swimming pool and near by is the well serving the residence. b) The specific location of the underground electrical service to the residence and the septic tank/drainfields reduce the probability of locating to the south or rear of the residence. c) Topographic conditions of the rear and west side yards pro- hibit a suitable construction site for a garage. The staff finds that a garage (single bay) may be added (attached) to the main dwelling, or a two bay detached garage could be located in the same vicinity without the need for a setback variance. 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 approaching con- fiscation as distinguished from a special privilege or convenience. Staff Report - VA-87-72 Kenneth A. or Josephine Rogers Page 2 2) The applicant has not demonstrated that the perceived hard- ship 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 Highway Commer- cial. 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. Should the Board wish to honor the applicant's request for a variance, the staff recommends that the addition not be made habitable to provide the adjacent property adequate open space.