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HomeMy WebLinkAboutVA198800047 Action Letter 1988-08-09 45 A4,4,tr 8 ®vk: COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 9, 1988 F. G. & M. L. Weiss 3725 Skyline Crest Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-47, Tax Map 57, Parcel 85K Dear Mr. & Mrs. Weiss: This letter is to inform you that on August 9, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-88-47 was denied. Anyone aggrieved by a decision made by the Board can appeal the decision to the Circuit Court of Albemarle County within thirty (30) days of the decision. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-47 a . a Ifi a+L COUNTY OF ALBEMARLE • Department of Zoning 401 McIntire Road ` Charlottesville, Virginia 22901-4596 (804) 296-5875 September 8, 1988 Ms. Barbara Croft 3725 Skyline Crest Charlottesville, VA 22901 Re: Board of Zoning Appeals Action Meeting Date of August 9, 1988 Dear Ms. Croft: Now that the Board of Zoning Appeals has taken action and denied Mr. Weiss's variance request, you have two choices to choose from. You may relocate the structure on the property to meet the required setbacks, or remove it completely. I would ask that you accomplish this by October 1, 1988. I appreciate your courteous manner and attention regarding this matter. If I may be of assistance, please feel free to contact me at the Zoning Office. Sincerely, e0,77-"Ii.,)j. 4;1-) Andrew D. Evans Deputy Zoning Administrator ADE/st cc: Reading File VA-88-47 STAFF REPORT - VA-88-47 APPLICANT: F. G. & M. L. Weiss TAX MAP/PARCEL: 57/85K ACREAGE: 2 acres ZONING: RA (Rural Areas) LOCATION: Located on Skyline Crest Drive, +/- . 1 mile west of its intersection with Rt. 708 The applicant seeks a variance from section 6. 5. 01 of the Albemarle County Zoning Ordinance, which states: "6.5. 01 In the case of any subdivision which was approved pursuant to Chapter 18 of the County Code prior to the adoption of this ordinance and which was of record at the time of the adoption hereof, the rear, side, and front yard and setback regulations of the Zoning Ordinance in effect at the time of such approval shall apply to all lots within such subdivision. (Addition 4-15-81) The applicant is requesting a variance for a shed/carport structure to be located twenty-four (24) feet from the front property line, a variance of twenty-six (26) feet. When the subdivision was first approved and platted the zoning was RS1-Residential requiring fifty (50) foot front and rear setbacks, and twenty (20) foot side yards. Current zoning of RA (Rural Areas) is not applicable as per section 6.5. 01 of the ordinance. The existing structure was erected at its present location approximately two (2) years ago. The property is being sold and accompanying the contract is a current survey indicating the location of the shed/carport, which is in conflict of the setback requirements. Screening existing provides screening from Skyline Crest Drive and the adjacent properties. Staff Report - VA-88-47 F. G. & M. L. Weiss 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. 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 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 not be altered. In the event the Board of Zoning Appeals should find cause to approve the applicant's request, the following conditions should be considered: a) That the structure remain an open structure and not be enclosed. b) Existing greenery/trees be maintained to provide screening of the structure. STAFF REPORT - VA-88-47 APPLICANT: F. G. & M. L. Weiss TAX MAP/PARCEL: 57/85K ACREAGE: 2 acres ZONING: RA (Rural Areas) LOCATION: Located on Skyline Crest Drive, +/- . 1 mile west of its intersection with Rt. 708 The applicant seeks a variance from section 6. 5. 01 of the Albemarle County Zoning Ordinance, which states: "6.5. 01 In the case of any subdivision which was approved pursuant to Chapter 18 of the County Code prior to the adoption of this ordinance and which was of record at the time of the adoption hereof, the rear, side, and front yard and setback regulations of the Zoning Ordinance in effect at the time of such approval shall apply to all lots within such subdivision. (Addition 4-15-81) The applicant is requesting a variance for a shed/carport structure to be located twenty-four (24) feet from the front property line, a variance of twenty-six (26) feet. When the subdivision was first approved and platted the zoning was RS1-Residential requiring fifty (50) foot front and rear setbacks, and twenty (20) foot side yards. Current zoning of RA (Rural Areas) is not applicable as per section 6. 5. 01 of the ordinance. The existing structure was erected at its present location approximately two (2) years ago. The property is being sold and accompanying the contract is a current survey indicating the location of the shed/carport, which is in conflict of the setback requirements. Screening existing provides screening from Skyline Crest Drive and the adjacent properties. Staff Report - VA-88-47 F. G. & M. L. Weiss 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. 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 Highway Commercial. 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 not be altered. In the event the Board of Zoning Appeals should find cause to approve the applicant's request, the following conditions should be considered: a) That the structure remain an open structure and not be enclosed. b) Existing greenery/trees be maintained to provide screening of the structure.