HomeMy WebLinkAboutVA198900034 Action Letter 1989-05-11 •
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
80,1) 2%-5875
May 11, 1989
Bill Stackhouse
2926 Brookmere Road
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-34 , Tax Map 31 , Parcel 21P
Dear Mr. Stackhouse:
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-89-34 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,
y�An rew D. Evans
D puty Zoning Administrator
ADE/st
cc: VA-89-34
Zakin Construction Co.
STAFF REPORT - VA-89-34
APPLICANT: Bill Stackhouse
TAX MAP/PARCEL: 31/21 P
ZONING: RA (Rural Areas)
LOCATION: Located on Lot #9 Graemont Subdivision, just off
St. Rt 660, . 1 mile west of the intersection
with Rt 743.
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
Side 25 feet
Rear 35 feet"
The applicant is requesting a reduction of the required seventy-five (75)
foot front setback to locate a proposed structure (gazebo) at twenty-two
(22) feet, a variance of fifty-three (53) feet.
The proposed structure would be located on the front corner of lot #9
within the Graemont Subdivision. Lots within the development range from four
(4) + acres to ten (10) acres. The subdivision is adjoined by the Earlysville
Vol. Fire Co. and Cooper Industries properties on the west side and other
residential property on the eastern side.
The applicant has submitted a drawing to accompany his application and
provides documentation of Graemont Property Owners Association support of the
request, along with personal reasons for wanting the proposed structure.
Just in passing the staff would comment, it would be very difficult to view
the structure, in passing traveling on Rt 660.
The following comments are offered to the Board of Zoning Appeals in
consideration of the requested application:
A) Special conditions or circumstances should not result from the action of
the applicant. A variance should only be granted when there is a clearly
demonstrated hardship, or that a strict application of the ordinance
terms prohibit or unreasonably restrict the use of the property.
The staff on the other hand applauds the applicant for the effort to
improve the property in an aesthetically pleasing manner.
B) The hardship must not be shared by other properties in the same vicinity
or zoning district. Other properties may share in general the same
type of hardship, should a similar proposal be requested. It could be
said that the afforded view is somewhat different from the applicant's
property.
Staff Report - VA-89-34
Page 2
C) Whether or not the granting of the request will be of any detriment to
the adjacent property or that the district's character will change is a
decision the Board should decide after they are presented all relevant
facts. The granting of a variance should be in harmony and general
intent and purpose of the ordinance.