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Home My WebLink AboutVA198800030 Action Letter 1988-05-17STAFF REPORT - VA-88-30 OWNER - Stephen J. & Sandra S. Blair TAX MAP/PARCEL - 135/29 ACREAGE - 11.712 Acres ZONING - RA (Rural Areas) LOCATION - West side of St. Rt 627, +/- 4/10 mile south of its intersection with Rt 726 The applicant seeks a variance from Section 4.11.2.1 of the Albemarle County Zoning Ordinance which states: 4.11.2.1 Accessory Structures "If no utility or drainage easements are adversely affected, accessory structures or portions thereof may be erected no closer than six (6) feet to adjacent lot lines in the case of detached structures, or to a common wall in the case of attached structures; provided further that no such structure shall be located within any yard required by Section 4.6.3." 4.6.3 Lots, Yards Adjacent to Streets The applicant requests a variance from Section 4.11.2.1 of the zoning ordinance to allow the location of a proposed farm building to be located adjacent to the property, requiring a 6 foot variance. The building will be a 20 foot by 36 foot two (2) story, with the lower level used for parking a tractor, jeep, auto and the upper area for storage. Location of the building will abutt the property line of the abandoned railroad bed. According to the flood maps prepared by the Federal Insurance Administration - Federal Emergency Management Agency dated June 16, 1980, the location of the proposed structure cannot be predetermined whether or not it would be within the flood plain designation. RECOMMENDATION The application should be denied for cause: 1) The applicant has not provided sufficient evidence to show that a strict application of the 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 rural areas. 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 be altered. Staff Report - VA-88-30 Page 2 In the event the Board of Zoning Appeals should find cause to entertain the applicant's request, these conditions are recommended. a) That the applicant provide flood elevation verification information to the County Engineer for his review and approval. b) That the applicant comply with the provisions of the County Zoning Ordinance Section 30.3.3.2, concerning the construction requirements. l)V AIJtF hill yr � rrtciN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 29, 1988 Mr. & Mrs. Stephen J. Blair Rt. 4, Box 135 Scottsville, VA 24590 Re: Board of Zoning Appeals Action VA-88-30, Tax Map 135, Parcel 29 Dear Mr. & Mrs. Blair: This letter is to inform you that on June 28, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board granted your variance request, VA-88-30, subject to the two conditions recommended by the staff as follows: 1) That the applicant provide flood elevation verification information to the County Engineer for his review and approval. 2. That the applicant comply with the provisions of the County Zoning Ordinance Section 30.3.3.2, concerning the construction requirements. This variance approval allows relief from Section 4.11.2.1 of the Albemarle County Zoning Ordinance to reduce the setback for an accessory structure from six (6) feet to zero (0) feet. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB;jr./st cc: VA-88-30 Inspections Dept. Reading File COUNTY OF ALBEMARLE Department of Engineering 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5861 MEMORANDUM TO: Amelia Patterson, Zoning Administrator FROM: Steven W. Cresswell, P.E. A DATE: July 31, 1989 RE: VA-88-30 - Tax Map 135, Parcel 29: Property of Sandra S. Blair This memorandum is in follow-up to our meeting last week in regards to BZA Variance 88-30. We have reviewed the conditions contained in the variance and feel they are redundant. The first condition regarding the establishment of the flood plain would only be required if the applicant should choose not to meet the conditions of Section 30.3.3.2 of the Zoning Ordinance regarding structure stabilization. Not applying this section of the Code is only an option if it can be shown the building is outside the floodplain. If the applicant chooses however to meet the requirements of Section 30.3.3.2 as the variance mandates, it is irrelevant whether the building is or is not within the floodplain since in either case it is protected. Based on conversations with Lisa Glass of Applied Technology and Engineering the applicant will meet the conditions of Section 30.3.3.2. We therefore are satisfied no action is necessary regarding condition number 1. If you have any questions, please give me a call. SWC/kms mist/va8830.001 JUL 31 1989 A,LBEMARLE COUNTY ZONIM DEPARTMENT ' yr COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 1, 1989 Sandra Blair Rt. 4, Box 135 Scottsville, VA 24590 Re: Construction of Farm Building (VA-88-30) Tax Map 135, Parcel 29 Dear Ms. Blair, This serves to acknowledge receipt of yours of July 26th. Mr. Cresswell, County Engineer, and I are satisfied with your compliance of condition #1 of VA-88-30. Based on your description, your building construction design is in compliance with the terms of Section 30.3.3.2 of the Zoning Ordinance, which is the second condition of your variance approval. If this information is readily available, please include it with your building permit application: 1. The elevation of the one hundred year floodplain on this parcel; 2. The elevation of the lowest floor of the structure; 3. If it differs from #2 above, the elevation of the finished floodproofing. If you have any questions, please do not hesitate to contact me. Sincerely, Amelia M. Patterson Zoning Administrator AMP/st cc: Steve Cresswell Jesse Hurt Reading File July 26, 1989 Re: Construction of a Farm Building Tax Map 135-29, owned by S. Blair Warren, Albemarle County VA VA 88-30 To Whom It May Concern: A variance was granted for the above mentioned property in June of 1988 for a reduction in the required setback, with two conditions. The first was to provide flood verification information to the County Engineer. Last week, July 21,1989, Steve Cresswell at the County Engineering Office was contacted regarding this condition for approval. He felt that the flood map in their office indicated that the building site would be in the flood zone requiring compliance with Section 30.3.3.2 of the Zoning Ordinance. And that if the owner was willing to comply, no verification information would be required. The second condition of the Variance was to comply with the provisions of Section 30.3.3.2 concerning the construction. The same as mentioned by Mr. Cresswell. Please review the following information for construction information to comply- 1) Enclosed areas oo the lowest floor that are subject to flooding shall be designed to equalize hydrostatic forces by allowing entry and exit of flood waters. The minimum criteria is to provide two openings that have a total net area equal to one square inch for each square foot of floor area enclosed. The floor plan indicates an area 20' x 36', or 720 square feet. The opening proposed shall: a) be at a maximum one foot above the exterior grade, b) be protected by screens and louvers or an equivalent that will allow automatic entry and exit of flood water, c) consist of four (4) 6" x 30" openings located symmetrically, two on each end of the building, see attached sketch. 2) All materials and utility equipment employed in this construction shall be resistant to flood damage. 3) The BOCA Code shall be met for potential hazards. The plans are being submitted with this letter and application for building permit for review by County Inspections. I believe this information should allow me to get a building permit, by indicating compliance with the conditions of the Variance granted last year. Sincerely, ��, n �� 'G4�0 Sandra S. Blair copy: Amelia Patterson, Zoning Administrator 001tily Steve Cresswell, County Engineering JUL 26 1989 El