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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
June 14, 1989
C. J. or Betty H. Lawson
Rt. 2, Box 65
Earlysville, VA 22936
Re: Board of Zoning Appeals Action for VA-89-39
Tax Map 31, Parcel 17
Dear Mr. & Mrs. Lawson:
This letter is to inform you that on June 13 , 1989 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-39 was approved.
This variance approval allows relief from Section 10. 4 of the
Albemarle County Zoning Ordinance to reduce the required acreage
of two (2) acres to create two (2) lots of 1. 575 acres each from a
3 . 150 acre parcel which is improved with two dwelling units.
If you have any questions, please contact our office.
Sincerely,
Uk . Pa
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-89-39
Planning Department
STAFF REPORT - VA-89-39
OWNER/APPLICANT: C. J. and Betty H. Lawson
TAX MAP/PARCEL: 31/17
ZONING: RA, Rural Areas
ACREAGE: 3 . 15 acres
LOCATION: On the south side of Rt. 660, approximately
1/2 mile west of the intersection with Rt.
743 adjacent to the west of Loftland Woods
REQUEST: The applicant seeks a variance from Section
10. 4 of the Albemarle County Zoning
Ordinance, which states:
"10.4 Area and Bulk Regulations
Minumum lot size 2 . 0 acres . . . "
The applicant desires to divide the property into equal lots in
order to convey property to his two grandchildren as a condition
of his will. Two single-family dwellings are presently built on
the parcel.
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RECOMMENDATION:
The applicant is co-owner of a 13 acre parcel adjacent to the
west. Use of a portion of this adjacent property to create the
proposed subdivision would: a) not necessitate a variance;
b) create resultant lots of more regular shape; and
c) allow additional land for reserve septic area, building
addition, and the like.
Planning Staff has commented, " . . . certain provisions of 4 . 0
GENERAL REGULATIONS may also be applicable (i.e. - two drainfield
locations on each lot) . At time of subsequent subdivision, this
office will acknowledge only those variances expressly granted by
the Board of Zoning Appeals, therefore each proposed lot should be
analyzed at this time for conformity with other Zoning provisions
such as lot width, adequate yards, two drainfields, and the like. "
The applicant is hereby put on notice. A subdivision plat has not
been submitted.
The application should be denied for cause:
1. The applicant has not provided sufficient evidence that a
strict application of the Zoning Ordinance would produce a
clearly demonstrable hardship approaching confiscation as
distinguished from a special privilege or convenience.
2 . The applicant has not demonstrated that the perceived
hardship is not shared by other properties in the same
zoning district and same vicinity.
3 . The applicant has not provided evidence to demonstrate that
the authorization of the variance will not alter the character
of the district.