HomeMy WebLinkAboutVA198800038 Action Letter 1988-06-29 SD' 1F Al.l1(. LI'_
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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. George J. Hartwell
2700 Thrush Road
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-38, Tax Map 42 , Parcel 150
Dear Mr. & Mrs. Hartwell:
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 for VA-88-38 .
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to reduce the front yard
setback for a dwelling from seventy-five (75) feet to sixty-seven
(67) feet.
If you have any questions, please contact our office.
Sincerely,
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" CO. Zilkiftpkoal#04
Charles W. Burgess, Jr.
Zoning Administrator
CWB;jr./st
cc: VA-88-38
Building Permit #87-213NR
Jim Hill
STAFF REPORT - VA-88-38
OWNER - George J. Hartwell
TAX MAP/PARCEL - 52/150
ACREAGE - 2 . 084 Acres
ZONING - RA (Rural Areas)
LOCATION - In the Whipporwill Hollow Subdivision at 2700
Thrush Road
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 obtained a building permit (#87-213NR) on March 4,
1987, for construction of a new single family dwelling at 2700
Thrush Road. In order to provide adequate area for installation
of the septic system, the contractor, Virginia Land Company, moved
the location of the dwelling in a westerly direction. In so
doing, a front yard setback violation was created. The applicant
seeks a reduction of the front yard setback measurement from the
minimum requirement of seventy-five feet to sixty-seven (67) feet.
A Certificate of Occupancy was erroneously issued for the dwelling
on October 13, 1987. The building site area on the parcel is
somewhat restricted by the one hundred (100) foot septic and
drainfield setback which is located parallel to the rear property
line. However, there is adequate area to install the septic
system and locate the dwelling on the property without benefit of
a variance.
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.
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 demonstrated 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.