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HomeMy WebLinkAboutVA198900033 Action Letter 1989-05-10 COUNTY OF ALBEMARLE Department of Zoning 401 MLIntiro R6,I(l Charlottesville, Virginia 22901-4596 (804) 296-5875 May 10, 1989 William Warner Wood c/o David J. Wood, Jr. 4 Tennis Road Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-33 , Tax Map 58 , Parcel 68 Dear Mr. Wood: 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-89-33 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 residential structure. If you have any questions, please contact our office. Sincerely, � 11 ,eLLd. n ew D. Evans Deputy Zoning Administrator ADE/st cc: Inspections Dept. VA-89-33 STAFF REPORT - VA-89-33 APPLICANT: William Warner Wood TAX MAP/PARCEL: 58/68 ZONING: RA (Rural Areas) LOCATION: Located on the northwest corner of the intersection of Rt 676 and Rt 678 (adjacent to Meriwether Lewis School) 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 Side 25 feet Rear 35 feet" . The applicant seeks relief from the required front yard setback of seventy five (75) feet to locate a proposed residence at a fifty (50) foot setback, a variance of twenty five (25) feet. The applicant has just recently (March 29, 1989) had this subdivision plat approved, indicating a division of property known as County Tax Map 58, Parcel 68. The tract of land was approved forming tract "A" with two (2) acres, and tract "B", with 4.693 acres, also having two (2) development rights. Tract "B" can be divided or have two (2) dwelling units located on that tract. The topography of tract "B" is certainly of some degree sloping but not unbuildable. Location of a septic system would be determined by the type of structures built on the property. It has been brought to the attention of the zoning staff that future proposals for realignment of St. Rt 678 are planned. The abandonment of a section of Rt 678 would effect the proposed plat, whereas if that action did come about it would provide the applicant more so called "buildable area" on tract "B". The "new" location of the road would establish tract "B" as a corner property fronting on St. Rt 678 and St. Rt 676. A setback (front) of seventy five (75) feet would be required. The following comments are offered to the Board of Zoning Appeals in con- sideration of the requested application: A) Even though a considerable area of tract "B" is restricted for building because of the stream location and required setback for structures and septic systems, the staff provides the recently approved subdivision plat as basis for saying that a undue hardship has not been shown. NOTE: 1. Owner - William Warner Wood - D.B. 1024 P. 247 2. Flood Zone "C" 3. Tract "A" & Tract "B" have in excess of 30,000 S.F. of building area each in slopes of less than 25% Staff Report - VA-89-33 Page 2 4. Owner will dedicate 25' strip from point "A" to point "C" when State Route 678 is vacated from point "B" to point "C" (Future Dedication) 5. Development Rights: Tax Map 58 Parcel 68 has 3 development rights - 1 development is used to create tract "A" and 2 developments remain with tract "B" Realignment of the road should be and can be said to be relief to the applicant because it will provide more "buildable area". B) The hardship must not be shared by other properties in the same vicinity and zoning district. The granting of a variance should not confer on the applicant any special privilege that is denied by this ordinance to other properties in the same zoning district. C) It would be difficult to speak to whether or not the granting of this request will be of detriment to the adjacent property or that the character of the district will be changed. It could be said (by specula- tion) that it may not be changed until such time the road alignment occured. Again, that is for the Board to decide after hearing all evidence presented to them.