HomeMy WebLinkAboutVA198900031 Action Letter 1989-05-10 :s 4A
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COUNTY or: ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville. Virginia 22901-4596
(804) 296-5875
May 10, 1989
James M. Bonner
Rt. 1, Box 249
Scottsville, VA 24590
Re: Board of Zoning Appeals Action
VA-89-31, Tax Map 131, Parcel 59
Dear Mr. Bonner:
This letter is to inform you that on May 9 , 1989 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-31 was approved.
This variance approval allows relief from Section 10. 4 of
the Albemarle County Zoning Ordinance to allow the reduction
of the front yard requirement of seventy-five (75) feet to
fifty (50) feet to locate a new single-family residence .
If you have any questions, please contact our off_icc:.
Sincerely,
7
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An,3rew D. Evans
Ddputy Zoning Administrator
ADE/st
cc: Inspections Dept.
VA-89-31
STAFF REPORT - VA-89-31
APPLICANT: James M. Bonner
TAX MAP/PARCEL: 131/59
ZONING: RA (Rural Areas)
LOCATION: Located on the west side of St. Rt 637, + . 1 mile north of
the intersection of Rt 6 and Rt 637.
The applicant seeks 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"
The applicants seeks to reduce the required seventy five (75) foot setback
to locate a proposed residence at fifty (50) feet, a variance of twenty five
(25) feet.
The applicant desires to locate a proposed residence within fifty (50) feet
of a road right-of-way that serves as access to several other properties.
A proposal is being made to locate a 2nd residence on the 4.581 acre parcel.
The new residence will be approximately three hundred fifty (350) feet beyond
the 1st dwelling on the property, almost at the rear portion of the four (4) +
acre tract.
Reasons for locating the proposed residence at a fifty (50) foot setback are
topography of the building area, to maintain an existing large tree, and
placement on the property in respect to the state road.
In the staff's opinion the location above the lake area, coupled with the
choice to preserve the large white oak tree (which is commendable) does
restrict the location of a structure when required to locate seventy five
(75) feet from the right-of-way. Other area to locate a structure is and
could be made available. Whether or not the applicant' s choice for a fifty
(50) foot setback is available will be further determined by Health Department's
regulations regarding the required location of the septic system.
The following comments are offered to the Board of Zoning Appeals in consider-
ation for the requested application:
A) It should be shown that the strict application of the ordinance provisions
if applied would cause undue hardship to the applicant regarding the use
of the property. It would only be speculation to say that the proposed
building site is the only site that could accomodate a structure.
B) Other properties may or may not share in general the same or similar
hardships pertaining to setbacks from road right-of-ways. The Board
Staff Report - VA-89-31
Page 2
should find that the hardship is not shared by other properties within
both the vicinity and the same zoning district.
C) The setback requirement from roads is to afford open space for adequate
light, air, etc. and to provide for safety from traveling vehicles.
A variance, if granted should not be of any detriment to the adjacent
property nor change the character of the district.