HomeMy WebLinkAboutVA198800008 Action Letter 1988-02-10 6°1fi8
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
February 10, 1988
Christopher Halstead
c/o I. D. , Inc.
414 East Market Street
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-8, Tax Map 59A1, Parcel Al
Dear Mr. Halstead:
This letter is to inform you that on February 9, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, the Board ruled to grant your variance subject to
the approval of the Planning Commission and Board of Supervisors.
This variance approval allows relief from Section 19 . 9 of
the Albemarle County Zoning Ordinance to reduce the required
front setback from seventy-five (75) feet to zero (0) feet
to allow construction of a gate house.
If you have any questions, please contact our office.
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Sincerely,®
Ltd. / ptair„�
Charles W. Burgess, Jr.
Zoning Administrator
CWB;j r/st
cc: VA-88-8
Ivy Creek, Inc.
STAFF REPORT - VA-88-8
APPLICANT: Ivy Creek, Inc.
TAX MAP/PARCEL: 59A(1) , A-10
ZONING: PRD (Planned Residential Development)
LOCATION: 2/10 mile from the intersection of Rt. 677
The applicant seeks a variance from Section 19. 9 of the Albemarle
County Zoning Ordinance. This section states:
"19 .9 Setback and Yard Regulations
19 . 9 . 1 . . . . Structures to be located on the outer perimeter
of a PRD (Planned Residential Development) District shall
conform to the setback and yard regulations of the
adjoining district.
19 . 9.2 . . . . Within the PRD District, the Board of Supervisors
shall establish minimum setback and yard requirements at
the time of establishment of such district. "
The applicant wishes to construct a gatehouse on property abutting
the access road to Ivy Creek (PRD) development. According to all
relevant information contained in the County PRD-Ivy Creek files,
the proposed location of the gate house is abutting the "old
Durrette Road" , and is designated with the Open Space subject to a
driveway easement for ingress and egress.
Uses permitted in the Open Space as per Section 4 . 7 . 2 of the
Zoning Ordinance provides for agriculture, forestry, and fisheries
including appropriate structures, noncommercial recreational
structures and uses, but does not specifically speak to a use such
as a gatehouse. The Planning Commission should deem such use
and/or structure appropriate for location within the Open Space.
Dimensions of the gatehouse as shown on the drawing submitted
along with the application indicate a size that would be
"questionable" whether or not it could be physically located at
the proposed site.
RECOMMENDATION
The application should be denied for cause:
1. The applicant has not provided 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-88-8
Ivy Creek, Inc.
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.
3 . The applicant has not demonstrated that the authorization of
of the variance will not be of substantial detriment to the
adjacent properties or that the character of the district will
not be altered.
Should the Board find just cause to grant relief to the applicant
the following condition should be attached:
1. The applicant should obtain Planning Commission/Planning staff
approval for the location of the structure within the Open
Space as proposed.