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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 6, 1988
Dear Applicant:
For your convenience and to allow you to organize your
thoughts prior to the Board of Zoning Appeals meeting
on April 12, 1988, please find attached the staff
report for your case.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWB:Jr./st
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 14, 1988
Mr. & Mrs. Charles R. Jones
64 Oak Forest Circle
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-20, Tax Map 60A1, Parcels 29 & 35 (part of)
Dear Mr. & Mrs. Jones:
This letter is to inform you that on April 12, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, the Board ruled to allow your variance request,
VA-88-20, to be withdrawn from the agenda.
If you have any questions, please contact our office.
Sincerely,
w. avg./
Charles W. Burgess, Jr.
Zoning Administrator
CWB;jr./st
cc: VA-88-20
STAFF REPORT - VA-88-20
APPLICANT: Charles R. Jones
TAX MAP/PARCEL: 60A1/29 & 35
ZONING: R-15 (Residential)
ACREAGE: .5358 acres
LOCATION: 400 Georgetown Road
The applicant seeks a variance from Section 4. 12 . 6. 6.2 of the
Albemarle County Zoning Ordinance, which states:
"4 . 12 Off-Street Parking and Loading Requirements
4. 12 . 6. 6.2 . . . . Day Care Center, Nursery School:
One space per ten (10) children enrolled in major
class or shift plus one (1) space per employee . . . . "
The applicant proposes to construct a day care center and seeks
a reduction of the off-street parking spaces to be provided from
the required forty-eight (48) spaces to forty-two (42) spaces.
The applicant believes that the forty-two (42) off-street parking
spaces will meet the needs of the day care center.
The applicant's site development plan (dated March 7, 1988)
indicates that forty-three (43) off-street parking spaces will be
provided and that five (5) additional off-street parking spaces
will be available on an adjacent property through a lease
agreement. This arrangement does not comply with the provision
for cooperative parking found in the Albemarle County Zoning
Ordinance (Section 4. 12 .4) unless it is determined that the total
parking requirements for the two (2) uses are provided for and
further that such arrangement be approved by the Planning
Commission.
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.
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.