HomeMy WebLinkAboutVA198900014 Action Letter 1989-04-12 � OF Al.g�ti
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 12 , 1989
William L. Schwab
118 Chestnut Ridge Road
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-14 , Tax Map 62B3 , Parcel L4
Dear Mr. Schwab:
This letter is to inform you that on April 11, 1989 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-14 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,
i' /,GJ 'C..-f.,G.l-- e L-Cam( Lt-�. '"
Andrew D. Evans
Deputy Zoning Administrator
ADE/st
cc: VA-89-14
STAFF REPORT - VA-89-14
APPLICANT: William L. Schwab
TAX MAP/PARCEL: 62B(3)/OL-4
ZONING: RA (Rural Areas)
LOCATION: Located on the east side of Chestnut Ridge Road
about . 1 mile north of its intersection with
Wildflower Drive, in Key West Subdivision
The applicant is requesting relief from Section 6. 5. 1 of the
County Zoning Ordinance, which states:
"6. 5 NONCONFORMING LOTS (Amended 9-21-88)
6. 5. 1 Any lot of record at the time of the adoption of
this ordinance which is less in area and/or width than
the minimum required by this ordinance may be used in a
manner consistent with the uses permitted for a lot
having the minimum area and/or width so required;
provided that the rear, side and front yard and setback
requirements of this ordinance shall be maintained; and
provided further that no such use shall be permitted
which is determined by the zoning administrator to
constitute a danger to the public health, safety and
general welfare. "
The applicant wishes to construct a garage and requests relief
from the required fifty (50) foot building setback line, to allow
the location of the structure to be setback eleven (11) feet, a
variance of thirty-nine (39) feet. (Previous Zoning RSI -
Residential, required a fifty (50) foot front setback. )
The property is lot 4 located in the Key West Subdivision on
Chestnut Ridge Road. A new residence has just recently been
completed and ready for occupancy. A proposed buyer desires to
construct a double car garage, but would give the appearance
of a single car garage with a singular wide door access.
Topography of the lot is such that the placement of the garage
must be located closer to the front property line to avoid both
the extreme slope of the area, plus the requirement of adding
additional earthen fill to provide access to the entry side of
the garage.
The staff sees the practical difficulties that the location
of the garage at a required fifty foot setback would entail,
but it must consider the fact that a variance must be in harmony
with the intended spirit and purpose of the ordinance.
The staff would offer the following as comments to the
application:
A) The strict application of the ordinance would not produce
undue hardship because the lot already accommodates a
residence approved and ready for occupany. Use of the lot has
not been restrictive in respect to location of a structure.
Staff Report - VA-89-14
Page 2
B) Other properties in the same subdivision have similar
topography. Not all residences within the subdivision have
garages or carports, and such structures are accessory to the
main structure or residence. You can not speak to specifics
because other requests have not been made to establish any
sort of data to the effect. (Some setback variances have
been granted for residential structures and storage buildings
within the same vicinity or subdivision. )
C) Whether are not by the granting of the variance a substantial
detriment to the adjacent property occurs or that the
character of the district will not be changed, is a judgement
call. In the ordinance as written it promotes the discourage-
ment of development on slopes of less than 25%, and septic
system locations on less than 20% grades. The proposed
structure is a garage, which increases stormwater runoff
which does effect downhill and downstream properties. Again,
as one structure it is a small request, but added to a number
of others, it may become a situation of another volume of
concern.
The staff gives the aforegoing information to the Board of Zoning
Appeals for their consideration.