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HomeMy WebLinkAboutVA198900032 Action Letter 1989-05-10 7 IOW -A t ® I'm 1717C:1 t COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22901-45% (804) 296-5875 May 10, 1989 Richard E. & Tracy B. McGlothlin P. O. Box 457 Crozet, VA 22932 Re: Board of Zoning Appeals Action VA-89-32 , Tax Map 40A, Parcel 17 Dear Mr. McGlothlin: 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-89-32 was approved. This variance approval allows relief from Section 6 . 5 . 1 of the Albemarle County Zoning Ordinance to allow the reduction of the front yard requirement of seventy-five (75) feet to thirty-five (35) feet to locate a garage structure. If you have any questions, please contact our office. Sincerely, /-/-2 . d.....i.e.-2-7) An ew D. Evans D uty Zoning Administrator / /ADE/st / cc: Inspections Dept. VA-89-32 r1 q '`) 1 .:,'5' STAFF REPORT - VA-89-32 APPLICANT: Richard E. and Tracy McGlothlin TAX MAP/PARCEL: 40A/17 ZONING: RA (Rural Areas) LOCATION: Located at the end of an internal road within Sunrise Acres Subdivision off St. Rt 810. The applicant seeks relief from Section 6.5. 1 of the Albemarle County Zoning Ordinance, which states: "6.5 NONCONFORMING LOTS (Amended 9-21-88) 6.5.1 Any lot of record at the time of the adoption of this (Amended ordinance which is less in area and/or width than the 9-21-88) minimum required by this ordinance may be used in a manner consistent with the uses permitted for a lot having the minimum area and/or width so required; provided that the rear, side and front yard and setback requirements of this ordinance shall be maintained; and provided further that no such use shall be permitted which is determined by the zoning administrator to constitute a danger to the public health, safety and general welfare." The applicants request relief from the seventy five (75) foot front yard setback to locate a proposed garage at thirty five <35) feet, requiring a forty (40) foot variance. A house and shed building are located on the lot presently. The existing drive- way would most likely be extended to serve the location of the proposed garage. The lot fronts on two (2) roads, or affords two (2) front yards. Previous to the current provisions under the ordinance Section 6.0 (nonconform- ities), there existed a section that may have been applied that would have given the applicant less restrictive setbacks to be applied. The applicants' property prior to December 10, 1980 was zoned R-2, residential which had thirty (30) , ten (10) , thirty five (35) , foot front, side and rear yard setback provisions. If the current seventy five (75) foot setback was applied, no detached structure could be located on the property without the assistance of a variance. An attached addition would also require a variance, were the current regulations applied. Most structures located on other properties within Sunrise Acres were probably located in conformance to the R-2 setbacks, unless they were located prior to zoning in 1968. The following comments are offered to the Board of Zoning Appeals in consider- ation of the requested application: Staff Report - VA-89-32 Page 2 A) If a literal interpretation of the provisions of the ordinance were applied, it would deprive the applicant of rights commonly enjoyed by other properties in the same vicinity. Any addition of attached or detached choice would require a variance if the current yard provisions were applied. B) Other properties in the same subdivision would have similar circumstances should the proposal to place either an addition or detached structure on those lots. C) It is the opinion of staff that any relief granted should be minimum in afforded the applicant reasonable use of the land and/or structures and that it will not be injurious to the area involved or detrimental to the general welfare. The setbacks of R-2 Zoning (thirty (30) ft. front) would not be otherwise restrictive. The Board may prescribe conditions that may be appropriate to the particular application.