HomeMy WebLinkAboutVA198900021 Action Letter 1989-03-26 o ® r
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 26, 1989
Thomas L. & Delores A. Johnson
P. O. Box 112
Covesville, VA 22931
Re: Board of Zoning Appeals Action
VA-89-21, Tax Map 109 , Parcel 46
Dear Mr. & Mrs. Johnson:
This letter is to inform you that on April 25, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-21 was granted with the
condition that the house be constructed no closer then 500
feet to the road (Old Lynchburg Road) .
This variance approval allows relief from Section 10. 4 of
the Albemarle County Zoning Ordinance to allow the reduction
of the side yard measurement from the minimum requirement
of twenty-five (25) feet to fifteen (15) feet each to
allow construction of a single-family dwelling.
If you have any questions, please contact our office.
Sincerely,
4-42)Z,L.,;)
An ew D. Evans
D uty Zoning Administrator
ADE/st
cc: Inspections Dept.
VA-89-21
STAFF REPORT VA-89-21
APPLICANT: Thomas L. & Delores A. Johnson
TAX MAP/PARCEL: 109/46
ZONING: RA (Rural Areas)
LOCATION: Located on the east side of St. Rt. 718
about .8 miles north of its intersection
with St. Rt 29.
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 AREA AND BULK REGULATIONS
Yards, minimum:
Front 75 feet
Side 25 feet
Rear 35 feet "
The applicant seeks to reduce the required twenty-five (25) foot
side yard requirement to fifteen (15) feet, a variance of ten (10)
feet. A request is being made to locate a residence on the almost
seventy (70) foot wide lot. The request is for both side
setbacks. The lot was of record prior to any governing
restrictions of lot widths or building setbacks.
It is evident that a side yard setback of twenty-five (25) feet
doubled, making a total of fifty (50) feet, leaves only nineteen
(19) plus feet in which to place a residence on the 69 . 96 foot
wide lot. Most residences of the 900 sq. ft. to 1500 sq. ft. size
range from twenty-six (26) plus to thirty (30) plus feet in width
dimension.
The intent and spirit of the ordinance is to afford adequate air,
light, and otherwise space between structures and property lines
in requiring minimum setback requirements.
The applicant's lot does have considerable length, or if you will ,
the depth from the front line to the rear one. Location of a
structure should be that it would not conflict with good fire and
safety restrictions of other adjacent structures.
The following comments are offered in consideration of the
requested application:
A) It is found that being a lot of record prior to any zoning
requirements the lot itself stands in conflict with the
current requirements. The hardship would be that if a
strict application were applied there is not sufficient
space to place a "normal" 24 ft. to 32 ft. (in width)
residential structure.
STAFF REPORT - VA-89-21
Thomas L. & Delores A. Johnson
Page 2
B) Unfortunately, the immediate adjacent property is
approximately the same width dimension. With exception
of the adjacent, other properties do not share a likeness
in physical shape and dimensions.
C) A minimum variance should be considered that would make
reasonable use of the land to locate a structure. The
authorization of a variance may have some detriment to
the adjacent property, because of a proposed location of
a structure. It is in the scope and power of the Board
of Zoning Appeals to prescribe appropriate conditions
regarding the location, character, and other features of
a structure.