HomeMy WebLinkAboutVA198900018 Action Letter 1989-04-14 AL
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 14, 1989
Bouson E. Peterson, Jr.
Attorney-At-Law
P. O. Box 296
Scottsville, VA 24590
Re: Board of Zoning Appeals Action
VA-89-18, Tax Map 115, Parcel 32
Dear Sir:
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-89-18 was approved.
This variance approval allows relief from Section 10. 4 of
the Albemarle County Zoning Ordinance to reduce the lot size
from the required two (2) acres to one and six tenths (1. 6)
acres to allow division of a nonconforming parcel .
If you have any questions, please contact our office.
Sincerely,
„,}2.
d ew D. Evans
eputy Zoning Administrator
ADE/st
cc: VA-89-18
Planning Department
STAFF REPORT - VA-89-18
APPLICANT: New Bethel United Methodist Church
TAX MAP/PARCEL: 115/32
ZONING: RA (Rural Areas)
LOCATION: Located on the east side' of State Route 620, . 1
mile north of its intersection with State Route
618
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 AREA AND BULK REGULATIONS
REQUIREMENTS
Minimum lot size 2 . 0 acres
Minimum frontage
existing public
roads 250 feet"
The applicant requests a variance to reduce the minimum lot size
of two (2) acres, to one and six tenths (1. 6) acres, requiring a
variance of four-tenths ( .4) acres.
A 1. 8 acre lot exists which consists of two (2) portions
physically separated by State Route 620. A church is existing on
the larger portion (approximately 1. 64 acres) found on the east
side of State Route 620, and the smaller portion . 16 acres is on
the west side of the state road.
The smaller portion of property serves no useful purpose to the
church because it is physically separated from the portion
that houses the church, parking area, and etc.
A proper test for an area variance is whether or not a strict
application of the ordinance will serve a valid public purpose
which may outweigh the injury to the property owner.
The staff finds that this particular request is with merit that
it will serve the public interest and not make the church
property any more less conforming.
The following is offered to the Board of Zoning Appeals for their
consideration.
A) The strict application of the ordinance, if applied, would
be a hardship in that the property is physically separated
by a road, and the smaller portion is and only serves as
unused land. The . 16 acre portion of land is of a
practical sense of no use to and presently serves no
function to the church's activities. Because of its
dimension the parcel cannot be used for practical
purposes.
Staff Report - VA-89-18
New Bethel United Methodist Church
Page 2
B) No other properties, with the exception of one (1) located
within a 3/4 mile radius of the property as indicated by
the County Tax Maps, have any shared likeness to the
applicant's property. There are other properties located
in the County that may experience like characteristics
dealing with acreage.
C) The reduction of the church property by . 16 acre, which will
be added to parcel "X" (10. 36) tax map 115, parcel 31, will
make parcel 31 more conforming in that it will increase the
road frontage of the property. The added road frontage will
make parcel 31 conform to the two hundred fifty (250) foot
regulation.