HomeMy WebLinkAboutVA198900026 Action Letter 1989-05-10 c. ' if
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COUNTY OF ALBEMARLE,
Del-mini-lent of Zoning
401 Mclniirc Road
Charlottesville, Virginia 22901 45 )0
(804) 2Q6-5575
May 10, 1989
Ardan Homes, Inc.
133 Tiffany Drive
Waynesboro, VA 22980
Re: Board of Zoning Appeals Action
VA-89-26, Tax Map 43 , Parcel 66
Dear Sir:
This letter is to inform you that cn May 9 , 1989 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-26 was approved for a
variance of 15 feet.
This variance approval allows relief from Section 10 . 4 of
the Albemarle County Zoning Ordinance to reduce the front
yard setback from the minimum required measurement of seventy-
five (75) feet to sixty (60) feet to allow the construction
of a single-family dwelling.
If you have any questions, please contact our office.
Sincerely, 7,,.._,,
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G?Andre D. Evans
Deputy Zoning Administrator
ADE/st
cc: Inspections Dept.
VA-89-26
STAFF REPORT - VA-89-26
APPLICANT: James W. & Nancy P. Calhoun
TAX MAP/PARCEL: 43/66
ZONING: RA (Rural Areas)
LOCATION: Located on the corner of Spring Brook Drive
and Shady Spring Drive within the Harmony
Subdivision
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 75 feet
Side 25 feet 25 feet
Rear 35 feet 35 feet"
A new residence is proposed to be constructed on Lot #8 within the
Harmony Subdivision, located off St. Rt 614 , and the applicant
would like a reduction of the required seventy-five (75) foot
front setback, to locate a residence at fifty (50) feet, a
variance of twenty-five (25) feet.
The topography of the lot at the required seventy-five (75) foot
setback is upward toward the fifteen (15) plus degree grade and
continues to drop in grade toward the rear of the lot.
There are two (2) areas on the lot that accommodate drainage, a
drainage easement, and a holding area for drainage.
A building site can be so located on the applicant's lot. Other
lots within the Harmony Subdivision have had to adapt to like
topography, drainage, easements and the like, to allow
construction of residences.
The following comments are offered to the Board of Zoning Appeals
in consideration of the requested application:
A) It is not evident that an undue hardship exist with this
request. The Harmony Subdivision was put to record in
the summer of 1987, and therefore could be said to be a
fairly new development.
It could be said that purchase with knowledge is applicable,
in that the lot frontage has already been graded when the
subdivision road was constructed, some tree thining has
occurred, which in turn provides some view of the lot and its
area.
STAFF REPORT - VA-89-26
James W. and Nancy P. Calhoun
Page 2
B) Other properties may or may not share in general the same or
similar hardship concerning setback location of a structure.
Within the Harmony Subdivision there exist lots with likeness
to the applicants. The Board should find that the hardship
is not shared by other properties within the same vicinity
or zoning district.
C) The intent of the ordinance and the requirement of setbacks
to provide yard areas is to afford consistent provision
for adequate light, air, etc. , to all properties. Granting
of a variance, unless to be found otherwise, should not be
of any detriment to the adjacent property and not change the
character of the district.