HomeMy WebLinkAboutVA198800002 Action Letter 1988-02-03 ( AL1.
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IRGINX.
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
February 3, 1988
Dear Applicant:
For your convenience and to allow you to organize your
thoughts prior to the Board of Zoning Appeals meeting on
February 9, 1988, please find attached the staff report
for your case.
Sincerely,
as& adota"v/
Charles W. Burgess, Jr.
Zoning Administrator
CWB,JR/st
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 10, 1988
Mr. Dale L. McWilliams
Rt. 4, Box 227K
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-2, Tax Map 48, Parcel 5
Dear Mr. McWilliams:
This letter is to inform you that on March 8, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-88-2 was denied.
Anyone aggrieved by a decision made by the Board can appeal
the decision to the Circuit Court of Albemarle County within
thirty (30) days of the decision.
If you have any questions, please contact our office.
Sincerely,
atAL,Z0 tat-gr. ,/
Charles W. Burgess, Jr.
Zoning Administrator
CWB,Jr/st
cc: VA-88-2
STAFF REPORT - VA-88-2
APPLICANT: Dale L. McWilliams
TAX MAP/PARCEL: 48/5
ZONING: RA (Rural Areas)
ACREAGE: 9 . 086 acres
LOCATION: North side of Rt. 784, +/- .7 miles south of
its intersection with Rt. 640
The applicant seeks a variance from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
"10. 4 Area and Bulk Regulations
.Yards, minimum
. •
side 25 feet . . . . "
The applicant obtained a Special Use Permit on June 10, 1982
allowing the placement of a mobile home on the above referenced
property. The mobile home unit was subsequently located on the
property and inspected by a Zoning Inspector to assure that proper
setbacks were maintained. The applicant assured the Zoning
Inspector at that time that the mobile home was situated a minimum
of twenty-five (25) feet from the west property line.
The Zoning Department is now in receipt of a complaint filed by
the new owners of the adjacent property to the west. The
complaint alleges that the mobile home is located too close to the
west property line. Upon further review by the Zoning
Administrator, it has been determined that the side yard setback
of the mobile home is deficient eight (8) feet. The applicant
therefore seeks a variance to reduce the side yard measurement
from the minimum requirement of twenty-five (25) feet to seventeen
(17) feet.
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
confiscation as distinguished from a special privilege or
Staff Report - VA-88-2
Dale L. McWilliams
Page 2
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 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 be altered.