HomeMy WebLinkAboutVA198800063 Action Letter 1988-10-12 uYSA
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COUNTY OF ALBEMARLE
[)epartment of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
October 12, 1988
Henry J. Price
2150 Seminole Trail
Charlottesville, VA 22906
Re: Board of Zoning Appeals Action
VA-88-63, Tax Map 45, Parcel 68
Dear Mr. Price:
This letter is to inform you that on October 11, 1988, during the regular
meeting of the Albemarle County Board of Zoning Appeals, the Board granted
your variance request subject to the following conditions :
1) that the variance be granted for a period of eighteen (18) months ,
2) that the specific location of the mobile home be approved by the
Zoning Administrator, and
3) not be located any closer to road than the existing building.
This variance approval allows relief from Section 5.8 of the Albemarle
County Zoning Ordinance to allow use of a mobile home as a sales office
without prior approval of a site development plan.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWBJr/st
cc: VA-88-63
Inspections Department
Reading File
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STAFF REPORT - VA-88-63
APPLICANT: Henry J. Price
TAX MAP/PARCEL: 45/68
ACREAGE: 10. 0 Acres
ZONING: Highway Commercial (HC)
LOCATION: West side of Route 29, +/- .7 miles north
of its intersection with Woodbrook Drive.
The applicant seeks a variance from Section 5.8 of the Albemarle
County Zoning Ordinance, which states:
"5. 8 Temporary Nonresidential Mobile Homes
A temporary nonresidential mobile home may be
authorized by the zoning administrator provided
the mobile home is used to house a planned permanent
use and the applicant has received site plan approval
for such permanent use on the same site "
The applicant proposes to use a mobile home on a permanent basis
as an office for used car sales. There are no plans at this time
for construction of a permanent structure. The Board of Zoning
Appeals has approved several requests in the last two (2) years
for temporary use of a mobile home for nonresidential purposes.
No approvals in the recent past have been granted for permanent
usage of the mobile homes as offices. The most recent approvals
involving commercial usage of a mobile home as an office occurred
on April 14 , 1987 . The two (2) variances heard at that time
(VA-87-21 and VA-87-22) were granted for a period of eighteen
months. Should the Board of Zoning Appeals be inclined to approve
the applicants request, the staff would recommend approval be
given for temporary usage of the mobile home only.
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 approching confiscation as distinguished
from a special privilege or convenience.
2) The applicant has not demonstrated that a hardship exists
which is not shared generally by other properties in the
same zoning district and the same 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 be altered.
STAFF REPORT - VA-88-63
Page 2
In the event the Board of Zoning Appeals should find cause to
approve the applicant's request, the following conditions of
approval should be considered.
1) that the variance be granted for a period of eighteen
(18) months.
2) that the specific location of the mobile home be approved
by the zoning administrator.