HomeMy WebLinkAboutVA198800023 Action Letter 1988-05-12 J
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
May 12, 1988
Mr. & Mrs. Rowland C. Hand, Sr.
4876 Mahonia Drive
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-23 , Tax Map 20, Parcel 143
Dear Mr. & Mrs. Hand:
This letter is to inform you that on May 10, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-88-23 was granted.
This variance approval allows relief from Section 10.4 of
the Albemarle County Zoning Ordinance to reduce the front
setback for a dwelling from the minimum requirement of
seventy-five feet to seventy-two (72) feet.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWB:JR/st
cc: VA-88-23
R. D. Wade
Inspections Department
STAFF REPORT - VA-88-23
APPLICANT: Rowland C. Hand
TAX MAP/PARCEL: 20/143
ZONING: RA (Rural Areas)
ACREAGE: 2 . 3 +/- acres
LOCATION: North Pines Subdivision at 4876 Mahonia Drive
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 seeks a variance to reduce the front setback of the
dwelling from the required measurement of seventy-five (75) feet
to seventy-two and five-tenths (72 .5) feet. The applicant
purchased the dwelling from the builder (R. D. Wade Builder, Inc. )
in February, 1987. The drawing the builder attached to the
building permit (#86-1415 NR) indicates that the structure would
be situated ninety-two and five-tenths (92 .5) feet from the
midpoint of the private road right-of-way. The right-of-way has a
width of thirty-five (35) feet. The ninety-two and five-tenths
(92 . 5) feet represents the minimum distance the builder could be
located from the midpoint of the right-of-way and still comply
with the requirements of the Albemarle County Zoning Ordinance.
The builder cites the arc of the right-of-way line as being a
causing factor in the dwelling not complying with the front
setback requirement. In viewing the plat, it appears that the
positioning of the dwelling at an angle may also be a causing
factor. It should be noted that only the southeastern
corner of the dwelling violates the setback requirement.
Staff Report - VA-88-23
Rowland C. Hand
Page 2
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.
The requirements of the Zoning Ordinance are not the
causing factor of the hardship presented by the applicant.
The error made in locating the dwelling is the causing factor.
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 (RA) .
3) It is not believed that the granting of the applicant's
request would be of substantial detriment to the adjacent
properties nor would the character of the district be
altered.