HomeMy WebLinkAboutVA198900001 Action Letter 1989-03-15 IONA( PIN
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 15, 1989
M. Kirk Train
705 Mechums West Drive
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-1, Tax Map 57, Parcel 53F
Dear Mr. Train:
This letter is to inform you that on March 14, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, the Board ruled to deny your variance request for
VA-89-1.
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-89-1
STAFF REPORT - VA-89-1
APPLICANT: M. Kirk Train
TAX MAP/PARCEL: 57/53F
ZONING: RA (Rural Areas)
LOCATION: Northwest corner of the intersection of
Mechums West Drive and State Route 682.
The applicant seeks relief 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 wishes to construct an outbuilding and requests a variance
from the required seventy-five (75) feet, to allow the structure to be placed
at sixty-two (62) feet, a variance of thirteen (13) feet.
The property is a corner lot of Mechums West Subdivision located on State
Route 682. A setback of seventy-five (75) feet from Route 682, and sixty
(60) feet from Mechums West Drive are applicable to the applicant's lot.
It appears that the site chosen for the single family residence was to
leave as much open space on the lot, and still afford a good viewing location.
The placement of the house did not leave as an option very much space for
accessory structures locations.
The applicant would like the Board to use the required setbacks in reverse
of each other (seventy-five (75) feet - Mechums West Drive, sixty (60)
feet - Route 682) for the placement of the proposed structure.
*Note - Building Permit #89-70 (dated January 9, 1989) .
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.