HomeMy WebLinkAboutVA198800013 Action Letter 1988-03-10 �OF ALg t
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 10, 1988
Mr. & Mrs. Kenneth E. Thomas
Rt. 3 , Box 260
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-13 , Tax Map 71, Parcel 33C
Dear Mr. & Mrs. Thomas: •
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-88-13 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-88-13
STAFF REPORT - VA-88-13
OWNER: Kenneth E. Thomas
TAX MAP/PARCEL: 71/33C
ACREAGE: 5.88 Acres
ZONING: RA (Rural Areas)
LOCATION: east side of Route 689 +/- . 1 miles south of
Route 688
The applicant seeks a variance from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations
Minimum frontage
existing public
roads 250 feet . . . "
The applicant proposes to subdivide his property into two (2)
parcels containing three (3) acres and two and eighty-eight
hundreths (2 .88) acres and seeks a reduction of the minimum public
road frontage measurement from the minimum of two hundred-fifty
(250) feet to two hundred (200) feet for the northerly parcel and
to two hundred six (206) feet for the southerly parcel. One (1)
single family dwelling currently exists on the northerly half of
the property.
The southerly parcel (2 .88 acres) was originially a residue of a
subdivision of parcel 33B. This subdivision was approved in 1979
and designates the 2 .88 acre tract as Parcel "Y" . A note on the
subdivision plat states that: "Parcel Y to be added to and become
a portion of Parcel 33C, Tax Map 31. "
The Zoning Administrator is in receipt of a memorandum from John
T. P. Horne, Director of Planning for Albemarle County in which
Mr. Horne requests that the variance be denied. The basis of Mr.
Horne's position is that the approval of the variance would be
inconsistent with the Planning Commission's approval of the
original subdivision plat.
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 demonstrable hardship approaching confiscation as
distinguished from a special privilege or convenience.
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 RA (Rural Areas) .
STAFF REPORT - VA-88-13
Kenneth E. Thomas
Page 2
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.