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Home My WebLink AboutVA198800016 Public Notification 1988-02-22 • CO CO rn H O • co U S-i cd cd (1 cd rd 4-) cad 0 a) re) 4 FT-1 4-I U) a) 0 •r-I 4-i a H 0 0 Z 4-) F-, cd W • a H O O 0 4IZ a) a) 0_, 0 cd cd (� •.. r •r v) a) rd •H C7 H r-i cd ,0 Z •H -I, H ,�....,,•• cV r C^� 0 -I-) J CO 4-i ,. ›, CO 0 "H H 0 E /Z +) c) 0 cd U , -P c:),ct 0 6 i__ a) 0 �S 0 w 4 > m 4-i a) C� './<4 H 0 rH o cm ro a co co N , N N 0 a a = U N CC n. a a LU c1 N r2- 0 IX s a w < a z a s a ce p a w J a I- a O CC LLLU 0 re 0. a - a w a U > LU I- M 2 > J 2 > 2 > < Y a Y LU a w • H MXILIW V) X w < 2 LL) 0 2 w d' w O •-• = LU J O w = J 0 3 < J O < J 0 J < J U a' J O I- U J 2 J J -' J J J J • 'O M U 4) a y ti CDti >- U Ni r- > Ni 1- .t > NI2 > Ni O Z > a K O •• •• - O (1) w w (/) O (/) LU N N O > < V) O < fN I- LU a O O O O LU = -I w O O LU = Ni w O O < > LU O O > > w O N CC 2 10 O = "') O F- H O O f,- h- O O O J I- O 0 < J I- O O 3 Ni •O 1,- f- O < 3 a' t- O O < 3 f- O O > 1- O O CI >- f- O T J 0 O Ni Ni Ni O Z 7 0 O O 2 X O O O • V) 0 O O (/) 0 0 -0 >- •• O O O C) O 2 V) )- -J O 2 N O J `O O LU J O • .J Q I- co O O O 0 0 < a' O O < co a' 0 0 7 0 a' O O J O R O Z 1- 2 C 0 O O O M > 0 O < P M > 0 < P Ni IX N < O• Ni -J O < P < (/) w 0 O CD O O Ni •-• \ O = N Ni •-• \ O = N Ni < N 2 NJ Ni •-• N 2 N J U O 0 O 0 O a' U c- U NJ 0 IX U a U N O J .t U N O = .T U N a >-_CD < u M O O O •-. p -0 M M M M U 2 < C O M M M a 0 r`• O O O C) a I' o. w w w U) C )) II II II w w 0 a 0O •• p •• p •• O C U ++ O -I U J U J U J U 0 LU w LU a ¢ ¢ Ni 0. a c. a U a U a_ a C. Y- U) a a a a 0 < •• .. •. .. •• N < .• .• .• .. .. N < .•.. .. .. .. .. NJ.• .• N Q .. .. .. .. .. N Q) (/) XXXX a N Ni .t V) a .- N Ni .t a ,- N Ni J U) a N Ni .t lA 7 C a a a < N \ U V) U) U) U) N \ U) N (N rN V) U) \ V) V) V) N V) CO \ N U) N U) V) V) a o > F- I- I- F- a CO (N N UN N co a O N N (J) V) N a U) V) U) V) rN N a U (A V) N to V) C. a' < w w w w LU w a w w w w w w < w w LU w w w < w w w LU w LU 4- > N . O E a' a' a' a' K K f 0. K s a' d' C E K 0. a' K CC = f CC IX K 0. tr a' 0 L. 7 — N M .t X D O G C) C) C X D O C) G 0 C X C) O G G CI C) X 0 0 0 C) 0 CA j p a- < CI CD CIO CIO < 0 0 0 CI CIO a O O O 0 O O a 0 0 (mono V a a a a a a I- aaaaaa I- a a a a a a 1- a a a a a a w 0 (0,ALfis Alvnlam \RGiN�/ COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 22, 1988 David W. of Amparo G. Larue David L. or Carol A. Hill Rivanna Est . Limited Partnership Dear Ladies and Gentlemen : This letter is to notify you, as adjoining property owners , that Bailey Construction Co. property described as Tax Map 33 , Parcel (s) 37K , Zoned RA , has made application for VA-88-16 , requesting relief from Section (s) 10. 4 of the Albemarle County Zoning Ordinance , as follows : The applicant seeks a variance from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the required front yard setback from seventy-five feet to forty-two (42) feet . A public hearing will be held by the Board of Zoning Appeals on March 8, 1988 , at 3 :00 p .m. , in Meeting Room #7 , Second Floor , County Office Building, 401 McIntire Road , Charlottesville, Virginia . This application is made available for your review in the Albemarle County Zoning Office , 401 McIntire Road , Charlottesville , Virginia . Sincerely, � � / ia. 291191464-e/ Charles W. Burgess , Jr . Zoning Administrator CWB, jr/st cc : File # VA-88-16 -5 AI ®mow �rRG1N1Pj~ COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 22 , 1988 Bailey Construction Company P. O. Box 6700 Charlottesville, VA 22901 Dear Mr. Bailey: This letter is to inform you that your variance application, VA-88-16, will be heard during the public hearing by the Board of Zoning Appeals on Tuesday, March 8, 1988, at 3 : 00 p.m. , Second Floor, County Office Building, 401 McIntire Road, Char- lottesville, Virginia. It will be necessary for someone to be present to speak for the variance application. Enclosed please find a placard which must be posted on the subject property so that it will be visible from a public road. If you have any questions, please contact our office. Sincerely, 0 A � � • w• 1444,.''''"'/Z Charles W. Burgess, Jr. Zoning Administrator CWB,Jr./st cc: VA-88-16 Enclosure V4sg << g$- l6 Tom Dunlap 4280 Sylvan Lane Garrett R. and Ronnie Falls 4300 Sylvan Lane David W. and Amparo G. LaRue 4220 Sylvan Lane Edwin L. and Pamela Leake 4305 Sylvan Lane John F. and Mary E. Lucas 4325 Sylvan Lane Roy and Karen Newcombe 4320 Sylvan Lane March 8, 1988 Board of Zoning Appeals County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 Re: Position of original homeowners of Northwoods Subdivision opposing variance applications VA-88-15 and VA-88-16. Dear Zoning Appeals Board Members: The six original homeowners of the Northwoods Subdivision unanimously oppose the granting of variance applications on properties 37J and 37K of Tax Map 33 [hereinafter Lots 9 and 10, respectively] for the same reasons that they opposed the same variance requests one month ago [VA-88-5 and VA-88-6] . In sum: 1. Prior to construction, Bill Bailey of Bailey Construction Co. [hereinafter the "builder"] knew (or had reason to know) that the setback lines on the subdivision plat, as they related to Lot 10 [and probably Lot 9] , were in error. He nevertheless proceeded to commence construction of a residential structure on Lot 10 that he knew (or had reason to know) would be located entirely within the legally mandated building setback. In reviewing the events of the past several months, we are compelled to conclude. that [1] the error that resulted in the misplacement of the structure on Lot 10 [and probably Lot 9] was not the product of inadvertant oversight, and that [2] this action was instead an attempt by the builder to salvage his investment in Lot 10, a lot which apparently was not otherwise "buildable" . [Please see the attached letter dated 2/8/88 for the evidence upon which we rely in support of the above statements. ] In sum, any damages, losses, and inconveniences that Mr. Bailey has sufferred [or will, in a separate civil action, ultimately suffer] as a result of what the evidence indicates to have been a conscious violation County Zoning Ordinance have been self-inflicted. 2. The original homeowners also oppose the variance on the grounds that to grant the variance would be to permit the builder to unjustly enrich himself at the expense of our neighborhood community and of the economic interests of its property owners. Substantial inconsistencies in the setback of houses along the road that defines our neighborhood detracts from its appearance, and, as the neighborhood develops and matures, can be expected to result in diminished property values. Additionally, the fact that the houses in question have been built so close to the platted cul-de-sac can be expected to create difficulties [or impossibilities] as the homeowners undertake to improve the condition of the road [e.g. , hard surface the road, bring it up to standards required for state maintenance, etc. ] . 3 . The original homeowners also oppose the variance on the grounds that the builder has not, at any time either before or after the rejection by this Board of the builder's variance application one month ago, made any attempt to seek out and resolve his problem by other means [e.g. , to negotiate with the homeowners for re- platting Sylvan Lane] . 4 . The original homeowners oppose the variance on the grounds that to grant a variance Mr. Bailey has already had his "day in court, " as have we. We spent a good deal of time preparing for the original hearing and many of us took off work and cancelled out-of-town plans in order to be present for that hearing. Now we find ourselves having to repeat this process again to make up for Mr. Bailey's lack of preparation for the first hearing, and wonder whether, if this request is likewise denied, we will have to repeat this time-consuming process on a monthly basis. • 5. The original homeowners oppose the variance on the grounds that to grant the variance may serve as a precedent that would encourage this or other builders to take advantage of similar oversights in the future to the detriment of the affected property owners. Thank you for considering our request. For the property owners listed above, Respectfully, MAR 8 1988 E. COUNTY ZaiL NG DEPARTMENT THE APPRAISAL GROUP, INC. REAL ESTATE APPRAISERS • CONSULTANTS P O. BOX 7026, 500 EAST WESTFIELD ROAD, SUITE 217, CHARLOTTESVILLE, VIRGINIA 22906. TEL. (804) 973 - 3392 12 N. 19TH ST.. RICHMOND. VIRGINIA 23223. TEL. (804) 783 - 8066 March 3, 1988 Mr. William Bailey Bailey Construction Company 1455 E. Rio Road Charlottesville, Virginia RE: Northwood Subdivision Lot 10 Dear Mr. Bailey: On March 2, 1988 I inspected the Northwood Subdivision. Particular attention was paid to the newly constructed residence on lot 10. The house on lot 10 does not visually appear to be unusually close to the cul-de-sac. It has a adequate driveway access and on site parking so as not to interfere with other residences in the vicinity. If this residence were farther back on the lot, it would still be visible from the street as well as from lots 8 and 9. Overall, I have found that the location of the house on lot 10 is within acceptable distance from the road for normal marketability and that other houses around lot 10 are not affected by its location. If you have any questions, or need further information on this matter, please feel free to contact me. Sincerely, --�- 7-0 i7--- _< qi' "RV 11 olhRomenesko, MAI v pit '4 MAR 8 1988 ALBS.MA"'_r CCUNTY ZONING DEPARTMENT