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HomeMy WebLinkAboutVA198900048 Action Letter 1989-07-12 4 4t Jigh :;IVW �M COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 July 12 , 1989 Ms. Cora F. Kirby 976 Rock Creek Road Charlottesville, VA 22903 Dear Ms. Kirby: This letter is to inform you that on July 11, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-48 was approved. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the building setback from the required 75 feet to 35 feet from Route 29 south, a variance of 40 feet, and from 75 feet to 35 feet from Rt. 1106, a variance of 40 feet, to allow the placement of a single-family residence. If you have any questions, please contact our office. Sincerely, 1 1 r ' Amelia M. Patterson Zoning Administrator AMP/mlm cc: Inspections Department 0 STAFF REPORT - VA-89-48 OWNER/APPLICANT: Cora F. Kirby TAX MAP/PARCEL: 76/21 ZONING: RA /Rural Areas ACREAGE: 0. 540 LOCATION: North side of Rt 1106, (old Rt 29) , 3/10 mile north east from its intersection with 29S Request: The applicant seeks a variance from Section 10.4 of the Albemarle County Zoning Ordinance. This section states "Minimum Yard Requirements" Yards, minimum . . . . Front 75 Section 4 . 6. 3 . 2 requires in the RA or residential districts that "Other yards adjacent to streets shall have a minimum depth, equal to the minimum front yard depth requirement . . . " The applicant proposes to place a single family residence (mobile home) on the property to be located 35 ft. from the R/W of Rt 29 south, requiring a 40 ft. variance and 35 ft. from the R/W of Rt 1106 requiring another 40 ft. variance. RECOMMENDATION Given the exceptional size and shape of this lot, only 140 ft. wide at the widest point, staff agrees with the proposed location. The proposed placement of the residence (mobile home) provides minimum visual impact from Rt 1106. To impose the Ordinance setback requirements on this parcel would render the parcel unbuildable to any type of structure. This clearly meets the criteria for approval of a variance as a "clearly demonstrable hardship approaching confiscation. " The application should be approved for cause: 1) The applicant has provided that a strict application of the ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. 2) The applicant has demonstrated that the perceived hardship is unique to his property in contradistinction to other properties in the same zoning district and general vicinity. This lot is not typical in size and shape to the area, but is much smaller and narrower. 3) The applicant has provided evidence that the character of the district will not be changed by the granting of the variance. Another existing residence on Rt 1106 would not meet current front yard requirements.