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HomeMy WebLinkAboutVA198800006 Action Letter 1988-02-03 \1%/tGiN�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. Sin�cer�ely, g ta Charles W. Burgess, Jr. Zoning Administrator CWB,JR/st 1'11?!..or GI COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 10, 1988 Bailey Construction Company P. 0. Box 6700 Charlottesville, VA 22906 Re: Board of Zoning Appeals Action VA-88-6, Tax Map 33 , Parcel 37K Dear Mr. Bailey: This letter is to inform you that on February 9 , 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-88-6 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, Charles W. Burgess, Jr. Zoning Administrator CWB,Jr/st cc: VA-88-6 Building Permit #87-25NR STAFF REPORT - VA-88-6 APPLICANT: Bailey Construction Company TAX MAP/PARCEL: 33/37K ZONING: RA (Rural Areas) ACREAGE: 4 . 031 acres LOCATION: Northwood Neighborhood at 4205 Sylvan Lane 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 front 75 feet . . . . " The applicant has constructed a single family dwelling in the Northwood Neighborhood and now seeks a reduction of the front yard setback from the required measurement of seventy-five (75) feet to forty-two (42) feet. A Certificate of Occupancy was issued for the dwelling on May 20, 1987 . Since that time, a property owner in the Northwood neighborhood filed a complaint in the Zoning Department which alleged that the front setback of the dwelling was deficient. Upon further review by the Zoning Administrator, it was determined that the front setback of the dwelling was deficient approximately twenty-three (23) feet. It is unclear as to why the setback violation was not detected by an Albemarle County Inspector during some phase of construction. Some of the confusion as to the relationship of the dwelling to the right-of-way line may have been caused by the incorrect construction of the road. RECOMMENDATION The application should be denied for cause: 1. The applicant has not provided sufficient evidence that a strict application of the ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. Staff Report - VA-88-6 Bailey Construction Company 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 demonstrated 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.