HomeMy WebLinkAboutVA198900061 Action Letter 1989-09-13 C'l of AL/14,1
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 13, 1989
William W. Stevenson
406 Wellington Drive
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action VA-89-61
Tax Map 58A1, Parcels 01-11 & 01-10
Dear Mr. Stevenson;
This letter is to inform you that on September 12 , 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, that your application for VA-89-61 was approved on the
condition that there be no addition to the dwelling unit to
the rear within the area that is not part of the normal setback.
This variance approval allows relief from Sections 19 . 9 . 2 and
10. 4 of the Albemarle County Zoning Ordinance to reduce the
required rear yard setback from thirty-five (35) feet to twenty- '`
five (25) feet, a variance of ten (10) feet, for a residence
(existing) .
If you have any questions, please contact our office.
Sincerely,
atyjit 01 :2 '
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: Inspections Dept.
VA-89-61
Staff Person: John Grady
Public Hearing: Sept. 12 , 1989
STAFF REPORT - VA-89-61
OWNER/APPLICANT: William W. Stevenson
TAX MAP/PARCEL: 58A1/01-5A
ZONING: Planned Residential Development
ACREAGE: Approximately 1/3 acre.
LOCATION: Ivywood Lane in Ivy Meadows, located on the west
side of Route 708, approximately 2/10 miles
south of the intersection of Route 708 and Route
738.
REQUEST:
The applicant requests relief from Section 10.4 of the
Albemarle County Zoning Ordinance, which states:
"Area and Bulk Regulations . . .
Yards, minimum
Rear 35 feet . . . "
RELEVANT HISTORY:
Staff recognizes that each variance is reviewed on its own
merits, and is not on its face, precedent-setting. The following
history is provided for information:
This variance involves a building permit that has been inactive
for approximately 5 years with a misunderstanding between
Albemarle County Inspections Department and the applicant.
It should be noted that all preliminary inspections on the
building location were completed and approved in March of 1981.
The error in the building location was not discovered until April
of 1983 when final inspections were being conducted to correct
some minor building code discrepancies and to obtain a Certificate
of Occupancy. Mr. Stevenson proceeded to correct the building
code discrepancies but the matter of the setback error was
overlooked in the confusion. When Mr. Stevenson contacted the
Building Inspector, he was informed all the inspections had been
approved. Somehow the rejection by the Zoning Inspector was
overlooked and was not followed up on until the file resurfaced a
few weeks ago. Since the May, 1983 contact with the Building
Inspector, Mr. Stevenson has assumed he has been legally occupying
the building. The staff recognizes the fact that mistakes were
made early by both the owner and inspector in this case and that a
considerable amount of confusion was involved in this matter.
STAFF REPORT - VA 89-61
PAGE 2
RECOMMENDATION
Staff would note that should a variance be granted, it would not
alter the character of the lots in this area, as there are several
other lots in this area that do not meet the current yard require-
ments of the Rural Area.
However, the other two criteria would not, in staff's opinion be
met. Therefore, staff recommends the application be denied for
cause:
1. The applicant has not provided evidence that the strict
application of the ordinance would produce undue hardship;
2 . The applicant has not provided evidence that such hardship
is not shared generally by other properties in the same
zoning district and the same vicinity.