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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
June 29, 1988
Orbin F. Carter, Attorney
200 Citizens Commonwealth Center
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-36, Tax Map 59A, Parcel 01-C6A
Dear Mr. Carter:
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-88-36,
subject to the following stipulation:
1) That no future variances be requested for the construction
of a residence on 6A1.
This variance approval allows relief from Section 10. 4 of the
Albemarle County Zoning Ordinance to reduce the lot area from
two (2) acres to one and three-tenths (1. 3) acres and to reduce
the lot frontage from two hundred fifty (250) feet to one hundred
fifty-four (154) feet to allow subdivision of the property.
If you have any questions, please contact our office.
Sincerely,
at& Gt.7. m"�
Charles W. Burgess, Jr.
Zoning Administrator
CWB;jr./st
cc: VA-88-36
Planning Dept.
Arthur E. Johnson
Reading File
STAFF REPORT - VA-88-36
APPLICANT: Arthur E. Johnson
TAX MAP/PARCEL: 59A1/0C-6A
ZONING: RA (Rural Areas)
ACREAGE: 1. 5 acres
LOCATION: In the Flordon subdivision on the north side
of Flordon Drive, +/- . 1 miles west of its
intersection with Tanglewood Road
The applicant seeks a variance from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations
Minimum Lot Size 2 acres
Minimum Frontage
Existing Public Roads 250 feet . . . . "
The applicant proposes to subdivide his one and five-tenths
(1.5) acre property into (2) parcels containing approximately
one and three tenths (1. 3) acres and two-tenths ( .2) acres.
The smaller parcel is then to be added to the adjacent property
to the east, known as parcel 6B. This action is deemed necessary
due to the improvements the owner of parcel 6B has made which
are located on the two-tenths ( .2) acre portion of parcel 6A.
The applicant therefore seeks a variance to reduce the minimum lot
size from two (2) acres to one and three-tenths (1. 3) acres
and to reduce the road frontage from the minimum requirement
of two hundred-fifty (250) feet to approximately one hundred
ninety-six (196) feet.
The existing parcel 6A is located in the Flordon subdivision.
This was an approved subdivision prior to 1980 and is
non-conforming when viewed under the requirements of the current
Zoning Ordinance. Once the property lines of parcel 6A are
altered, the property loses the non-conforming status and must
then comply with current zoning requirements. The staff is
cognizant of the applicant's predicament and realizes that there
is no means by which the applicant can subdivide the property and
still comply with the current requirements. However, there is no
basis upon which the staff can recommend that the request be
approved, as the criteria upon which a variance may be granted do
not appear to have been satisfied.
Staff Report - VA-88-36
Arthur E. Johnson
Page 2
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.