The URL can be used to link to this page

Home My WebLink AboutVA198900035 Action Letter 1989-05-10 aL e fllll f'{ '3•f COUNTY OF ALBEMARLE Department of Zoning 401 McIntire flood Charlottesville, Virginia 22901-4596 (804) 296-5875 May 10, 1989 Faith Mission Home c/o Eugene Schiobach HCR 1, Box 117 Free Union, VA 22940 Re: Board of Zoning Appeals Action VA-89-35, Tax Map 3 , Parcel 1B Dear Mr. Schiobach: 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for VA-89-35 was approved only for that portion that applies to the septic system, since the setback request was withdrawn, conditioned on approval of the septic tank by the Thomas Jefferson Health Department. This variance approval allows relief from Section 4 . 2 . 4 . 1 and/or 4 . 2 .4 .2 of the Albemarle County Zoning Ordinance to locate a septic system on slopes greater than 20 or 25 degrees respectively. If you have any questions, please contact our office. Sincerely, And w D. Evans D uty Zoning Administrator, ADE/st cc: Thomas Jefferson Health Department VA-89-35 Planning Department i COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Andy Evans, Acting Zoning Administrator � FROM: Amelia M. Patterson, Senior Planner '"" DATE: April 3 , 1989 RE: SP 88-9 Faith Mission Home - TM3 , Parcel 1B, Route 601 The above-noted petition proposes a church sanctuary addition of 40 ft. X 60 ft. The existing Church does not appear to meet current side yard setbacks, and is approximately 8 feet from that property line. The original building dates back to the mid-1930 ' s, with an addition in 1985. This addition will be 4-8 feet from the property line. The exact distance is difficult to tell without additional review. The survey (attached) dates back to 1964 and shows how the relevant property line coverges. Please determine if a variance is required for this addition. Mr. Schlabach, contact person has briefly spoken with John Grady on this item. He may be contacted for further information at 296-5061. It is important to have this determination as soon as convenient, prior to Special Permit or Zoning Map Amendment action. Thank You. l', AMP/blb , cc: Eugene Schlabach �, x P • �'r' r .Jii 'Ifli',\ � v l COUNTY 01- Al.ESEMAk1 E . 401 McIntire Rn;ct Cli:uliiltk ivt!i;'. '.'n,{ini,. : 1 )iII .1.`,9(, iII/4) 29(1 `17; MEMORANDUM TO: Amelia Patterson Senior Planner FROM: Andrew D. Evans Deputy Zoning Administrator RE: SP-88-9 , Faith Mission Home Application Tax Map 3 , Parcel lB DATE: April 5 , 1989 This is in response to your memo dated 4/3/89 , in regard to a determination to be made. I would consider the church structure as a main building located on the property. Should additions be added to the existing structure which is approximately 4-8 feet from the property line, a variance would have to be sought via the Board of Zoning Appeals to locate closer than the twenty-five (25) foot side setback or thirty-five (35) foot rear line setback requirements. A variance was applied for in 1982 , but was not pursued because of the relocation of a proposed addition. The present setback of the existing structure should be checked in regard to the proposed addition prior to filing an application for a variance. If there is a true need, then a variance application can be made. If you have any questions, please give me a call . ADE/st cc: iht Pie John Grady pvALnt 4tAllili: J' c ��/'V l>nGIN�P COUNTY OF ALBEMARLE Department of Inspections 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5832 MEMORANDUM TO: Andrew D. Evans - Acting Zoning Administrator FROM: Jesse R. Hurt - Director of Inspections DATE: April 28, 1989 RE: VA-89-35 Faith Mission Home On the B. Z.A. agenda for May 9, I noticed that the above is seeking a variance to locate an addition at (3) feet from the property line. Table 906.2 of the BOCA National Building Code/1987 requires structures of this use group (Use group A-4) to have a fireresistance rating of 2 hours for the exterior walls when located less than 5 feet from the property line. Section 906.2 of the code also requires that the fireresistance rating of exterior walls with a fire separation distance of 5 feet or less shall be rated for exposure to fire from both sides. I would appreciate it if you would bring this to the attention of the B.Z.A. Should you have any questions, please let me know. JRH:wmh cc: Reading File Mike Nickell Jay Schlothauer STAFF REPORT - VA-89-35 APPLICANT: Faith Mission Home TAX MAP/PARCEL: 30/1B ZONING: RA (Rural Areas) LOCATION: Located on the west side of St. Rt 601 at the Greene County boundary line. The applicant seeks relief from Sections 10.4 and 4.2.4. 1 and 4.2.4.2 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 4.2.4 LOCATION OF SEPTIC SYSTEMS (Amended 11-11-87) 4.2.4. 1 No septic system nor any portion thereof shall be located in any of the following: any area with slopes of twenty-five (25) percent or greater as determined by reference to either topographic quadrangle maps of the Geological Survey - U.S. Department of Interior (contour interval twenty [20] feet) or a source determined by the county engineer to be of superior accuracy. 4.2.4.2 In the review for and issuance of a permit for the installation of a septic system, the Virginia Department of Health shall be mindful of the intent of this section, and particularly mindful of the intent to discourage location of septic tanks and/or drain fields on slopes of twenty (20) percent or greater." (Amended 11-11-87) The applicant seeks to reduce the required side yard of twenty-five (25) feet to locate a building addition within three (3) feet, a variance of twenty-two (22) feet. The applicant is requesting relief from either ordinance Sections 4.2.4. 1 or 4.2.4.2 to locate septic drain field on slopes greater than 20° or 25 ° respectfully. A proposed addition is planned by the applicant to enlarge the sanctuary area of the church to accommodate more people, and provide more usable meeting space, etc. on the other level of the proposed two (2) story addition. Staff Report - VA-89-35 Page 2 The topography of the property including the surrounding area adjacent to the proposed addition is approaching a 15 ° slope or greater and some area much greater. Locating a suitable building site would be difficult whether the addition were adding to the building front or sides. Practical difficulties will be incurred when adding an addition to the existing structure. The adjoining property, in which direction the proposed addition will encroach is of extreme slope grade. Property with extreme slopes as the adjoining property exist, may be questionable whether or not it would be acceptable for a building or septic system placement. The applicant's second request is to locate drain field area on slopes greater than 20° or 25°. Adding sanctuary area increases the number of people causing the need to upgrade or add additional drain fields. It is the intent to discourage the location of a septic system or components on slopes greater than 20° , unless there is clearly no other alternative solution or placement area available. The following comments are offered to the Board of Zoning Appeals in consider- ation of the requested application: A) The strict application of the ordinance if applied would produce some hardship. The characteristics of the property with respect to the location of structures coupled with the property's topography present the applicant with very little option in order to add additional building area. The two (2) story addition will help to reduce the stormwater run off and for construction purposes is less costly that a one story addition of the square footage. B) Unfortunately, the immediate adjacent property has the same similar slope characteristics. There are no structures located on the adjacent property within the vicinity of the property line. C) A minimum variance should be considered to afford the applicant a reasonable use of the property. That exception to the norm should be safeguarded by whatever means necessary or that the Board of Zoning Appeals would think appropriate. No basis has been established that would provide evidence that the character of the district would be changed by the granting of relief.