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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
June 29, 1988
Mr. & Mrs. David N. Hughmanick
Rt. 1, Box 102A
Barboursville, VA 22923
Re: Board of Zoning Appeals Action
VA-88-35, Tax Map 22 , Parcel 36
Dear Mr. & Mrs. Hughmanick:
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-88-35,
subject to the following stipulation:
1) That the deck not be covered at a future date.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to reduce the rear yard setback
for a deck from thirty-one (31) feet to twenty-seven (27) feet.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWB;jr./st
cc: VA-88-35
Inspections Dept.
Reading File
J. W. Smith, Inc.
STAFF REPORT - VA-88-35
APPLICANT - David N. Hughmanick
TAX MAP/PARCEL - Tax Map 22, Parcel 36
ZONING - RA (Rural Areas)
ACREAGE - 2 . 074
LOCATION - Adjacent to the intersection of St. Rt. 641
and Rt 640
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
rear . . . . 35 feet . . . "
4. 11 USES AND STRUCTURES PERMITTED IN REQUIRED YARDS
The following uses and structures shall be permitted in
required yards, subject to the limitations established:
4. 11. 1 COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE FEATURES
Covered porches, balconies, chimneys, eaves and like
architectural features may project not more than four (4)
feet into any required yard; provided that no such feature
shall be located closer than five (5) feet to any lot
line.
A wood deck was constructed and attached to the rear portion of
the applicant's residence. The construction of the deck took
place when the dwelling was built.
The dwelling was located as to meet the front yard setback
requirement and retain as much area as possible for the location
of the septic system.
As per Section 4 . 11. 1 of the Zoning Ordinance, covered porches,
balconies, and similar architectural features may project out into
the required yard a maximum of four (4) feet.
The construction of the deck projects four (4) feet out beyond the
limitation of Section 4. 11. 1. The applicant seeks relief to allow
the deck to be located twenty-seven (27) feet from the rear
property line, a variance of four (4) feet.
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 clearly 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.
In the event the Board of Zoning Appeals should find cause to
entertain the applicant's request, these conditions are
recommended:
That the deck not be covered at a future date.