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HomeMy WebLinkAboutVA198700076 Action Letter 1987-12-10 e, 0=. r 7nGtN�V COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 10, 1987 Arthur F. Edwards P. O. Box 6124 Charlottesville, VA 22906 Re: Board of Zoning Appeals Action VA-87-76, Tax Map 33 , Parcel 41A Dear Mr. Edwards: This letter is to inform you that on December 8 , 1987 , during the regular meeting of the Albemarle County Board of Zoning Appeals, that your application for VA-87-76 was approved. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the minimum lot size for four (4) proposed lots from the required two (2) acres to one and nine-tenths (1.9) acres each to allow subdi- vision of the property. If you have any questions, please contact our office. Si�nceerely, � as& ea E44,94-•-•/ Charles W. Burgess, Jr. Zoning Administrator CWB,Jr/st cc: VA-87-76 Planning Department 8 Acre Land Trust STAFF REPORT - VA-87-76 APPLICANT: 8 Acre Land Trust TAX MAP/PARCEL: 33/41A ZONING: RA (Rural Areas) ACREAGE: 8 .726 acres LOCATION: Located on Route 747 at its intersection with Route 640 The applicant seeks a variance from Section 10. 4 of the Albemarle County Zoning Ordinance. This section, pertaining to area and bulk regulations, states: "10. 4 Area & Bulk Regulations Minimum lot size 2 . 0 acres . . . " The applicant proposes to subdivide the existing parcel into four (4) equally sized parcels. In order to obtain approval of the subdivision, the applicant is required to dedicate a twenty-five (25) foot strip to the Virginia Department of Highways and Trans- portation. When the dedication is made, the result is that the four (4) parcels contain only 1. 987 acres each, instead of the required 2 . 0 acres. The staff's only comment to the applicant's request is that it would be preferable for the applicant to create one (1) non-con- forming parcel instead of four (4) . It appears that the applicant could relocate the proposed property lines so as to create three (3) parcels having a lot area of 2 . 0 acres and one (1) parcel having a lot area of 1. 948 acres. RECOMMENDATION The application should be denied for cause: 1) The applicant's hardship is created by the required twenty-five (25) foot dedication, however, it does not appear that the applicant is trying to minimize or eliminate the need for a variance. The applicant could create a total of three (3) parcels having a lot area of approximately 2 . 6 acres. 2) The applicant has not demonstrated that the perceived hardship is unique to his property in contradistinction to other pro- perties in the same zoning district and general vicinity. The requirement the applicant seeks relief from is shared uniformly by all properties zoned Rural Areas. 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.