HomeMy WebLinkAboutVA198900029 Action Letter 1989-04-26 k r '
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 26, 1989
Paul R. Lambert
2665 Stowe Court
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-29, Tax Map 60G, Parcel 31
Dear Mr. Lambert:
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-89-29 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,
- eLj)
An rew D. Evans
D puty Zoning Administrator
ADE/st
cc: VA-89-29
STAFF REPORT - VA-89-29
APPLICANT: Paul R. Lambert
TAX MAP/PRACEL: 60G/31
ZONING: RA (Rural Areas)
LOCATION: Located at the cul-de-sac of Inglecress
Drive, within the Inglecress Subdivision
The applicant is requesting 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 is seeking a reduction of the required seventy-five
(75) foot front setback, to locate a proposed detached garage
structure at the fifty-five (55) foot setback, a variance of
twenty (20) feet.
It is the applicant's proposal to construct a residence on Lot 31,
and a garage portion of the structure will project beyond the
seventy-five (75) front setback.
In viewing the site, the staff makes the following findings:
A) The house, including the garage were staked out on the
lot and both were in compliance of the required setback
if the 75 foot markers were at the correct location.
B) A six (6) foot difference in elevation exist at the
front portion of the lot abutting the road. This area
buffers the view and the true topography of the remaining
lot's area.
C) About 1/2 or the rear 50% of the lot is anywhere from
a 15 degree to 25 degree slope/grade.
D) It is only an estimation, but only about 40% to 50%
of the lot is suitable for a building, and setbacks
would reduce that area somewhat, or to some degree.
Do not let the foregoing information give the Board an indication
that the lot is unreasonably restricted or that it would prohibit
the applicant from obtaining a suitable building site for a
residence. The applicant is only confined to a specific area due
to the setbacks, and topography of the property.
STAFF REPORT - VA-89-29
Paul R. Lambert
Page 2
The following comments are offered to the Board of Zoning Appeals
in consideration of the requested application:
A) A very small hardship would be the result of the strict
application of the ordinance requirements as applied to
this variance request. Options are repositioning of the
garage, locating the garage in the main structure lower
level (due to the topography) , or reversing the footprint
of the house on the lot so as to have the garage on the
northeast end of the structure. It should be established
by the applicant that the hardship is not self-created
because of a special privilege or convenience.
B) It is the opinion of the staff that there may be other
properties, even within the Inglecress Subdivision that
share some similar circumstances. Other properties in
the same zoning district have been subject to the same
requirements relating to setbacks for structures.
C) It is not known if the granting or authorization of the
variance will not be of substantial detriment to adjacent
property and that the character of the district will not
be changed by the granting of the variance. The intent
and spirit of the ordinance is to provide minimum yard
areas and open space between the structure and a road.
Unless the yard requirements reduce the buildable area
to unreasonable dimensions, a reduction of those
requirements should not be made.
Note: VA-87-70