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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
August 10, 1989
Ronald W. & Ava Forsberg
Rt. 9, Box 234
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-62, Tax Map 92 , Parcel 36F
Dear Mr. & Mrs. Forsberg:
This letter is to inform you that on August 8, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-62 was approved.
This variance approval allows relief from Section 10.4 of
the Albemarle County Zoning Ordinance to allow the location
of a house (existing) and addition (proposed) to be thirty-three
(33) feet from the front property line, a variance of forty-two
(42) feet from the required seventy-five (75) foot setback.
If you have any questions, please contact our office.
Sincerely,
OliNNaiLn-Lasiritteir--
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: Inspections Dept.
VA-89-62
STAFF REPORT - VA-89-62
OWNER: Ronald W. & Ava Forsberg
TAX MAP/PARCEL: 92/36F
ACREAGE: 2 . 0
ZONING: RA, Rural Areas
LOCATION: Located on a private road off the north side
of Rt 53, approximately 1 mile southeast of
the intersection with Rt 795.
Request: The applicant seeks a variance from Section
10.4 of the Albemarle County Zoning Ordinance,
which states:
"10.4 Area and Bulk Regulations.
Yards, Minimum
Front 75 feet . . . "
The applicant is requesting a two-part variance request from the
front yard setback of 75 feet. These are as follows:
1) A 25 foot variance to allow a single family home to
remain 50 feet from an 18 foot wide access easement.
2) A 40 foot variance to allow construction of an addition of a
family room and deck to be 36 feet from a 18 foot wide access
easement.
History:
Mr. Forsberg's need for a variance on his existing home was not
discovered until he had made application for the addition to be
built. As was the case with the Butlers' , all of the necessary
inspections were approved and he was issued a Certificate of
Occupancy in 1986. The original placement and construction of
the home was done in a manner which would later afford an
addition to be placed on the side of the house an which does
not meet setback, and now needs further variance. In the
original placement and construction of the house a double glass
sliding door was placed on the side of the house to allow
access to the proposed addition. The well was located in front
of the house and somewhat limits any further additions. The
septic field is located on the other side of the house and
prohibits building in this direction without relocation. The
rear of the house is also somewhat restricted in that the meter
box would have to be relocated which would also require moving
the fuse box and rewiring a considerable amount of the house.
Recommendation:
Staff recognizes that approval of this variance will not change or
alter the character of the lots in this area, nor will it be of
any substantial detriment to adjacent properties, but must
recommend denial for cause.
STAFF REPORT - VA-89-62
Ronald W. & Ava Forsberg
Page 2
1) The applicant has not provided sufficient evidence to show
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 his perceived
hardship is unique to his property in contradistinction to
other properties in the same zoning district.