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HomeMy WebLinkAboutVA198900017 Action Letter 1989-06-14 P.004 Ji I'IfN ? J If COUNTY OF ALBEMARLE Department of Zoning 4(11 McIntire Road Charlottesville, Virginia 2290 1-4596 (804) 296-5875 June 14, 1989 Alton & Rosalie Morris Rt. 2 , Box 357 Crozet, VA 22932 Re: Board of Zoning Appeals Action VA-89-17, Tax Map 26, Parcel 49 Dear Mr. & Mrs. Morris: This letter is to inform you that on June 13 , 1989 , during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to allow your application for VA-89-17 to be withdrawn. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/st cc: VA-89-17 STAFF REPORT - VA-89-17 APPLICANT: Alton Morris TAX MAP/PARCEL: 26/49 ZONING: RA (Rural Areas) ACREAGE: 13 .73 acres LOCATION: South side of Rt. 674 , approximately . 3 miles from its intersection with Rt. 810 The applicant requests a variance from Section 10. 4 of the Albemarle County Zoning Ordinance. This section states: "10.4 Area and Bulk Regulations Minimum lot size 2 acres Minimum frontage existing public roads 250 feet Minimum frontage internal public or private roads 150 feet. " The applicant proposes to subdivide the property, creating a lot of one hundred fifty feet of road frontage, rather than the required two hundred fifty (250) feet, asking for a variance of one hundred (100) feet. The subdivision of property will give the applicant's daughter a buildable lot, which will be under the family division status within the Subdivision Ordinance regulations. At this time the staff makes a comment in conjunction with the memo from the Planning Department concerning another possible option available to the applicant in order to subdivide the property. Internal road frontage only requires one hundred fifty (150) feet when fronting an internal private road or access easement. An access could be joint and serve both the existing lot and the proposed one. The staff provides the following comment for consideration by the Board of Zoning Appeals in regard to this request: Page 2 Staff Report - VA-89-17 Alton Morris A) An undue hardship has not been established based on the information provided. It is a matter of choice as to whether the property can be divided with public or private access. Joint driveways or entrances are more acceptable by the Virginia Department of Transportation, but are not choices usually made by parties wishing to subdivide their property. Another option is available to the applicant. B) Other properties in the same vicinity could and may very well encounter similar circumstances should the properties be subdivided. C) Granting a variance of less than the required road frontage is in conflict with the intent and spirit of the ordinance requirements. The test is whether a strict application of the ordinance serves a valid public purpose which might outweigh the injury to the property owner. Distances between possible entrances to the state road certainly possess the possibility of a public safety issue relating to entry on and exit from the state maintained roads.