Loading...
HomeMy WebLinkAboutVA198800003 Action Letter 1988-02-03 .kuH All ,l �/RGIN�P 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,� a Charles W. Burgess, Jr. Zoning Administrator CWB,JR/st 41111 �"IRGiN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 10, 1988 Mr. B. G. Snow P. 0. Box 99 Dyke, VA 22935 Re: Board of Zoning Appeals Action VA-88-3 , Tax Map 32E, Parcel 03-14 Dear Mr. Snow: This letter is to inform you that on February 9, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, that the Board granted a 60 day temporary variance with the condition that the applicant will purchase lot 13 and move the line, or if not will tear down the deck. This variance approval allows relief from Section 15. 3 of the Albemarle County Zoning Ordinance to reduce the required side yard setback from ten (10) feet to three (3) feet to allow construction of a deck. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB;jr./st cc: VA-88-3 Planning Department James L. Camblos, III STAFF REPORT - VA-88-3 APPLICANT: B. G. Snow TAX MAP/PARCEL: 32E/03-14 ZONING: R-4 (Residential) ACREAGE: .23 acres LOCATION: Camelot Subdivision at 523 Jester Lane The applicant seeks a variance from Section 6. 5. 01 of the Albemarle County Zoning Ordinance, which states: "6.5. 01 In the case of any subdivision which was approved pursuant to Chapter 18 of the County Code prior to the adoption of this ordinance and which was of record at the time of the adoption hereof, the rear, side, and front yard and setback regulations of the Zoning Ordinance in effect at the time of such approval shall apply to all lots within such subdivision. The property was zoned R-1 (Residential) under the previous Zoning Ordinance and as such is required to maintain a minimum side yard measurement of ten (10) feet. The applicant has constructed a new single-family dwelling and seeks a variance for a deck located on the east side of the dwelling. The specific request is to reduce the side yard measurement from the required ten (10) feet to three (3) feet. The applicant states that the open deck will not be covered or enclosed at any future date. The main structure (dwelling) is situated approximately twelve (12) feet from the easterly property line. The adjacent property on the affected side is presently vacant. RECOMMENDATION The application should be denied for cause: 1. The applicant has not demonstrated that a hardship exists which is unique to this property in contradistinction to other properties in the same zoning district and general vicinity. Staff Report - VA-88-3 B. G. Snow Page 2 2 . The applicant has not provided any evidence to demonstrate 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. 3 . The applicant has not provided evidence to demonstrate that the authorization of this variance will not be of substantial detriment to the adjacent properties or that the character of the district will not be altered. In the event the Board of Zoning Appeals should find cause to approve the applicant's request, a condition that the deck not be enclosed or covered at any future date should be considered.