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HomeMy WebLinkAboutVA198900036 Action Letter 1989-05-10 7\41i • COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 10, 1989 Traditional Homes of Albemarle c/o Harold Davis 1936 Arlington Blvd. , Office 208 Charlottesville, VA 22903 Re: Board of Zoning Appeals Action VA-89-36, Tax Map 42 , Parcel 37A2 Dear Mr. Davis: 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-89-36 was approved. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to allow the reduction of the rear yard requirement of thirty-five (35) feet to twenty-eight (28) feet to locate a residential structure, a variance of 7 feet. If you have any questions, please contact our office. Sincerely, An ew D. Evans D uty Zoning Administrator ADE/st cc: VA-89-36 Inspections Department STAFF REPORT - VA-89-36 APPLICANT: Traditional Homes of Albemarle TAX MAP/PARCEL: 42/37A2 ZONING: RA (Rural Areas) LOCATION: Located at the end of Mill Ridge Road (Mill Ridge Subdivision) , on the south side of St. Rt 614, . 1 mile west of its intersection of St. Rt 678. 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 to reduce the required thirty-five (35) foot rear yard setback to have a structure within twenty-eight (28) feet, a variance of seven (7) feet. Under building permit #88-1399, you have the construction of a residence that is almost at a completion stage, having been inspected for footing, framing, and even rough-in electrical and mechanical inspections. The staff at this time would like to address the subdivision plat that has been approved for Mill Ridge Subdivision. Your attention should focus on the fact that along the west property boundary of the subdivision on lots #1, #2, #3, there is shown a thirty-five (35) foot setback. The setback of thirty- five (35) feet on lot #3 could be determined to be a continuation of the twenty-five (25) foot side setback. Lot #1 is a corner lot and the west property line could have had a twenty-five (25) foot setback instead of the thirty-five (35) foot shown. It could be said that the applicant happens to choose the one hundred fifty (150) foot width portion to construct the house, which by the physical survey does not allow for much error in placement of the eighty (80) foot house. The following comments are offered in consideration of the requested variance: A) The applicant has a self-imposed hardship, both in the fact that the thirty-five (35) foot setback was shown on the subdivision plat, and secondly in that the physical location of an eighty (80) foot length house located in a one hundred fifty (150) foot portion of the lot, coupled with a twenty-five (25) foot and thirty-five (35) foot setbacks, (80 + 25 + 35 = 140) , which only allows a ten (10) foot deviation. In viewing the setbacks, it is the opinion of the staff that the thirty- five (35) foot setback should have instead been an extension of the twenty-five (25) foot side setback. Staff Report - VA-89-36 Page 2 It is very difficult to change the subdivision plat, so the applicant seeks a decision from the Board of Zoning Appeals concerning this matter. B) The hardship should not be shared by other properties in the same vicinity or zoning district. Other than lot #3 in Mill Ridge Subdivision, the staff is not aware of other such cases. C) A minimum variance, or one that would afford reasonable use of land or structure should be considered, provided that it will not be of substantial detriment to the adjacent properties, or change the character of the district by granting relief. The Board may prescribe appropriate condi- tions to safeguard the conditions of a variance, such as no future additions within the reduced side yard of twenty-eight (28) feet or like conditions.