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HomeMy WebLinkAboutVA198900020 Action Letter 1989-04-14 oe act .t IRG1 V COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 14, 1989 Clark Diehl 2034 Bob White Court Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-20, Tax Map 42 , Parcel 147 Dear Mr. Diehl : 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-89-20 was approved. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from seventy-five (75) feet to sixty-eight (68) feet to expand a front porch addition. If you have any questions, please contact our office. Sincerely, A rew D. Evans eputy Zoning Administrator ADE/st cc: VA-89-20 Inspections Department STAFF REPORT - VA-89-20 APPLICANT: Clark Diehl TAX MAP/PARCEL: 42/147 ZONING: RA (RURAL AREAS) LOCATION: Located in Whippoorwill Hollow Subdivision, 2034 Bobwhite Court The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance which states: "10.4 AREA AND BULK REGULATIONS, MINIMUM: FRONT 75 feet. " The applicant would like to reduce the front setback requirement from seventy-five (75) feet to sixty-eight (68) feet to allow the expansion of a front porch area, requiring a variance of seven (7) feet. A situation already exists in that the house is not in compliance with the seventy-five (75) foot requirement currently, but is only in violation by .7 tenths of a foot regarding the main structure portion. Under provision 4 . 11. 1 of the Zoning Ordinance, covered porches, balconies, and like features may project not more than four (4) feet into the required yard. The existing residence already has a six (6) foot porch which projects pass the four (4) foot limitation (71 foot building setback) . Two situations exist that make it necessary for the Board to consider the variance. The main wall of the residence is in conflict with the seventy-five (75) foot setback requirement. An existing porch is in conflict with Section 4 . 11. 1, being that it is two (2) feet beyond the allowable seventy-one (71) foot setback (75-4=71) . Construction and completion of the house took place several years ago, and the status was not made known to the Zoning Office until this application request was made, even though a survey dated 9/24/85 exists. The staff provides the following information to the Board of Zoning Appeals for consideration of the request: A) The owner has purchased a residence that is in conflict of the seventy-five (75) foot setback pertaining to the main house. A front porch is already existing that is two (2) + feet in conflict with Section 4 . 11. 1 of the ordinance. This is certainly somewhat of an undue hardship to the present owner. The question is whether or not to allow the expansion of the already existing porch under the request of the variance. Should the Board grant the variance, it would then make the structure nonconforming pertaining to present setback. Staff Report - VA-89-20 Clark Diehl Page 2 B) It is not known with the exception of a couple cases that a similar or like hardship is shared generally by other properties in the vicinity or same zoning district. The couple of cases were variance requests for front setbacks in the same subdivision, and each should have been reviewed on its own merits as should this application. To say that other requests might be forthcoming is speculative. C) You can assume to some degree that probably the immediate property owners adjacent to the applicant's property were not aware of the setback encroachment until the letter of notification was received regarding this matter. The majority of the subdivision is already built which may leave very few if any lots that may require the need for setback variances. Those applications, if proposed, should be dealt with at that time. In summary, if the Board should approve the request, it would bring the structure into more of a compliance status.