HomeMy WebLinkAboutVA198900023 Action Letter 1989-04-26 gll1'AL//41
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 26, 1989
Michael F. Barrett
Meadowbrook Realty
1136-A Emmet Street
Charlottesville, VA 22903
Re: Board of Zoning Appeals Action
VA-89-23 , Tax Map 35, Parcel 1 (part of)
Dear Mr. Barrett:
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-89-23 was denied.
Anyone aggrieved by a decision made by the Board can appeal
the decision to the Circuit Court of Albemarle County within
thirty days of the decision.
If you have any questions, please contact our office.
Sincerely,
An ew D. Evans
D uty Zoning Administrator
ADE/st
cc: VA-89-23
Sherman Brock
Planning Department
CORRECTED - 4/25/89
STAFF REPORT - VA-89-23
APPLICANT: Sherman W. or Edith R. Brock
TAX MAP/PARCEL: 35/part of 1
ZONING: RA (Rural Areas)
LOCATION: Located on the north side of State Route 641, 1. 2
miles west of its interesection with State Route
20
The applicant is requesting relief from Section 10. 4 of the
Albemarle County Zoning Ordinance, which states:
"10. 4 Area and Bulk Regulations
Minimum lot size 2 . 0 acres 2 . 0 acres
Minimum frontage
existing public
roads 250 feet 250 feet"
The applicant wishes to reduce the required two hundred fifty
(250) feet of road frontage to one hundred three (103) feet;
requiring a variance of one hundred forty seven (147) feet. The
creation of the fourteen (14) acre parcel will be composed of a
five (5) and a nine (9) acre parcel respectively. A residue
parcel of 9 . 575 acres can be divided into three (3) parcels.
A reduction of the road frontage is requested to serve a fourteen
(14) acre tract of land, but the fourteen (14) acres will be
subdivided into five (5) acre, and nine (9) acre parcels
respectfully. An easement will provide access to the nine (9)
acre parcel to the rear of the five acre one. The residue parcel
of nine (9) plus acres, retains three (3) division rights, which
allow that tract to be further subdivided.
As shown on the survey plat, parcel 1's existing road frontage is
physically separated by parcel 1A.
Internal road frontage only requires one hundred fifty (150) feet
when fronting on an internal private road or access easement.
The staff provides the following comments for consideration by the
Board of Zoning Appeals in regard to this request:
CORRECTED COPY - 4/25/89
Staff Report - VA-88-23
Sherman W. Brock
Page 2
A) A clear demonstration that undue hardship exists with the
request, has not been provided. It should be shown that the
strict application of the provisions of the ordinance prohibit
or unreasonably restrict the use of the property.
B) It must be said that the hardship involved is not shared
by other properties in the same vicinity or zoning district.
That by granting any relief it will not confer on the
applicant any special privilege that is denied to other
lands in the zoning district.
C) Literal interpretation of the provisions should be shown
to deprive the applicant of rights commonly enjoyed by
other properties in the same district, and that if a
variance were to be granted that it would not be of
substantial detriment to the adjacent property and
it would not change the character of the district.
STAFF REPORT - VA-89-23
APPLICANT: Sherman W. or Edith R. Brock
TAX MAP/PARCEL: 35/part of 1
ZONING: RA (Rural Areas)
LOCATION: Located on the north side of State Route 641, 1. 2
miles west of its interesection with State Route
20
The applicant is requesting relief from Section 10. 4 of the
Albemarle County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations
Minimum lot size 2 . 0 acres 2 . 0 acres
Minimum frontage
existing public
roads 250 feet 250 feet"
The applicant wishes to reduce the required two hundred fifty
(250) feet of road frontage to one hundred three (103) feet;
requiring a variance of one hundred forty seven (147) feet. The
creation of the fourteen (14) acre parcel will be composed of a
five (5) and a nine (9) acre parcel respectively. A residue
parcel of 9.575 acres can be divided into three (3) parcels.
A reduction of the road frontage is requested to serve a fourteen
(14) acre tract of land, but the fourteen (14) acres will be
subdivided into five (5) acre, and nine (9) acre parcels
respectfully. An easement will provide access to the nine (9)
acre parcel to the rear of the five acre one. The residue parcel
of nine (9) plus acres, retains three (3) division rights, which
allow that tract to be further subdivided.
As shown on the survey plat, parcel 1's existing road frontage is
physically separated by parcel 1A.
Internal road frontage only requires one hundred fifty (150) feet
when fronting on an internal private road or access easement.
The staff provides the following comments for consideration by the
Board of Zoning Appeals in regard to this request:
Staff Report - VA-88-23
Sherman W. Brock
Page 2
A) A clear demonstration that undue hardship exists with the
request. It should be shown that the strict application of
the provisions of the ordinance prohibit or unreasonably
restrict the use of the property.
B) It must be said that the hardship involved is not shared
by other properties in the same vicinity or zoning district.
That by granting any relief it will not confer on the
applicant any special privilege that is denied to other
lands in the zoning district.
C) Literal interpretation of the provisions should be shown
to deprive the applicant of rights commonly enjoyed by
other properties in the same district, and that if a
variance were to be granted that it would not be of
substantial detriment to the adjacent property and
it would not change the character of the district.
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