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HomeMy WebLinkAboutVA198900064 Action Letter 1989-08-10 tof ALl44,trY 8,11.Ab. COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 10, 1989 Jeffrey & Amy Butler Rt. 9, Box 235 ` Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-64, Tax Map 92 , Parcel 30 Dear Mr. & Mrs. Butler: ' , 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-89-64 was approved. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the setback of a residence (existing) to fifty (50) feet from the front property line, a variance of twenty-five (25) feet from the required seventy-five (75) foot setback. If you have any questions, please contact our office. Sincerely, Otyr\ebx c)-n .a<1,6, Amelia M. Patterson Zoning Administrator AMP/st cc: Inspections Dept. VA-89-64 STAFF REPORT - VA-89-64 OWNER/APPLICANT: Jeffrey & Amy Butler TAX MAP/PARCEL: 92/30 ZONING: RA, Rural Areas ACREAGE: 2 . 33 acres 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 25 foot variance for a single-family residence to be located 50 feet from a private road easement. HISTORY: In February, 1989 the Butlers applied for a building permit to build their home. On March 27th, a preliminary Zoning and footing inspection was approved by the Inspections Department. The house was completed and final inspections were approved on June 16th. The error in the setback was not found until July, 1989 when a neighbor (Ronald Forsberg) who lives on the same easement road applied for a permit to construct an addition to his home. At this point an on-site inspection by the Zoning Department found that Mr. Forsberg's home was also in violation of the front setback requirement of 75 feet. It should be noted that Mr. Forsberg also has all inspections approved and has been living in his home since 1986. RECOMMENDATION: Staff's opinion is that mistakes have been made by both the landowners and the Inspections Department in this case. There are three (3) other homes located within 10 feet to 30 feet of this easement road that were built in the 1950's. The main misconception shared by the parties involved was that the easement road is listed as a private usage road on some plats and not subject to the 75 foot setback. It should also be noted that should a variance be granted it will not alter the character of the lots in this area. Staff Report - VA-89-64 Jeffrey & Amy Butler Page 2 The application should be denied for cause: 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.