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HomeMy WebLinkAboutVA198900068 Action Letter 1989-08-16 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 16, 1989 Alan Roecks 118 Blithe Court Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-68, Tax Map 61W2 , Parcel 01-P5 Dear Mr. Roecks: This letter is to inform you that on August 15, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-68 was approved. This variance approval allows relief from Sections 4 . 11. 2 . 1 and 17 . 3 of the Albemarle County Zoning Ordinance to allow a deck (existing) to be located three (3) feet from the rear property line, a variance of three (3) feet from the required six (6) foot setback. If you have any questions, please contact our office. Sincerely, OkrN2AjO., N,V0Aele — Amelia M. Patterson Zoning Administrator AMP/st cc: VA-89-68 Inspections Department STAFF REPORT - VA-89-68 APPLICANT: Alan Roecks TAX MAP/PARCEL: 61W(2)/01-P5 ZONING: R-10, Residential LOCATION: Located off the east side of Rio Road west, in Birnam Wood at 118 Blithe Court REQUEST: The applicant requests relief from Section 4 . 11.2 . 1 of the Albemarle County Zoning Ordinance, which states: "4 . 11.2 . 1 ACCESSORY STRUCTURES If no utility or drainage easements or other easements are adversely affected, accessory structures or portions thereof may be erected no closer than six (6) feet to adjacent lot lines in the case of detached structures, or to a common wall in the case of attached structures; provided further that no such structure shall be located within any yard required by Section 4 . 6. 3 . (Addition 3-18-81) (Amended 1-1-83) The applicant is asking relief from the required six (6) foot setback to have a deck to be located abutting the rear property line with a three (3) foot setback, a variance of three (3) feet. This request is for an existing deck to become compliant with the zoning setback requirements. These residences are attached townhouse/condominium units with enclosed privacy fences. RELEVANT HISTORY: This variance request has not been previously heard by the Board of Zoning Appeals. However, the properties to the east have pursued variances for existing decks which extend into the rear yards. VA-89-15 James and Jennifer Rice was approved by the Board of Zoning Appeals on July 11, 1989 after rehearing a prior decision for denial on April 25th. VA-89-22 Kay P. Steigman was denied on April 25th, and has not refiled. Staff Report - VA-89-68 Alan Roecks Page 2 RECOMMENDATION: Staff recommends denial for cause: 1. The applicant has not shown that the strict application of this 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; 3 . The applicant has not shown that the authorization of such variance will not be of substantal detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF REPORT - VA-89-15 APPLICANT: James & Jennifer Rice TAX MAP/PARCEL: 61W(2) -01/P3 ZONING: R-10 (Residential) LOCATION: Located in Birnam Wood Subdivision on Blithe Court The applicant seeks relief from Section 4 . 11. 2 . 1 of the Albemarle County Zoning Ordinance, which states: "4 . 11.2 . 1 ACCESSORY STRUCTURES If no utility or drainage easements or other easements are adversely affected, accessory structures or portions thereof may be erected no closer than six (6) feet to adjacent lot lines in the case of detached structures, or to a common wall in the case of attached structures; provided further that no such structure shall be located within any yard required by section 4 .6. 3 . (Addition 3-18-81) (Amended 1-1-83) 4 . 6. 3 LOTS, YARDS ADJACENT TO STREET" The applicant requests relief from the required six (6) foot setback to locate a deck two (2) feet from the property line, a variance of four (4) feet. Via this proposed application, the applicant seeks approval for an already constructed deck within the rear yard area. The residences are attached townhouse/condominium type units with enclosed privacy fences. The following comments are offered to the Board of Zoning Appeals in consideration of the requested application. A) A self imposed hardship is not customarily viewed as an undue hardship. Evidence has not been made available that provides a basis that the strict application would effectively prohibit or unreasonably restrict the use of the property. B) You must find that a hardship is not shared by other properties in the same vicinity or zoning district. In general most of the adjacent properties have similar size yards with the exception of the "end" housing units, and comparable topography exists on the properties. r Staff Report - VA-89-15 James & Jennifer Rice Page 2 No basis has been established that demonstrated that the variance will not be of substantial detriment to adjacent property or that the character of the district will not be changed by the granting of the variance. Other cases can not be a basis for the granting of a variance if it does not provide that it is in harmony and in keeping with the spirit and purpose of the ordinance. ua STAFF REPORT - VA-89-22 APPLICANT: Kay P. Steigman TAX MAP/PARCEL: 61W(2) -01-P4 ZONING: R-10 (Residential) LOCATION: Loc ted in Birnam Wood Subdivision, at 12(0Blithe Court The applicant requests relief from Section 4 . 11. 2 . 1 of the Albemarle County Zoning Ordinance, which states: "4 . 11.2. 1 ACCESSORY STRUCTURES If no utility or drainage easements or other easements are adversely affected, accessory structures or portions thereof may be erected no closer than six (6) feet to adjacent lot lines in the case of detached structures, or to a common wall in the case of attached structures; provided further that no such structure shall be located within any yard required by Section 4 . 6. 3 . " (Addition 3-18-81) (Amended 1-1-83) The applicant is asking relief from the required six (6) foot setback to have a desk to be located abutting the property line with zero (0) setback, a variance of six (6) feet. A request is being made by the applicant to leave in place an already built deck, located in the rear lot portion of the property. The deck was constructed with the knowledge that if it were constructed "as built" , it would be in conflict with the setback requirements. It is not evident that a deck could not have been constructed that, both meet the setback requirements and afforded the best use of the rear yard area. The following comments are offered to the Board of Zoning Appeals in consideration of the requested application. A) If it is found that the special conditions and circumstances are the result of actions by the applicant, and if the granting of a variance will confer on the applicant any special privilege, then there cannot be shown an undue hardship. STAFF REPORT - VA-89-22 Kay P. Steigman Page 2 B) The hardship must not be shared by other properties in the same vicinity or zoning district. Most of the adjacent properties share similar size yards. The topography of some adjacent properties do vary. In this specific situation there is an adjacent property that is presently experiencing a "like" request for relief from a setback of two (2) feet from the property line. C) Again, no basis has been established that the variance will be of detriment to the adjacent property or that the character of the district will not be changed by the granting of the variance.