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HomeMy WebLinkAboutVA198900071 Action Letter 1989-09-13 ®ii it l;7 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 13 , 1989 Gregory or Elizabeth Davis Rt. 7, Box 311 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-71 - Tax Map 62 , Parcel 32D Dear Mr. & Mrs. Davis: This letter is to inform you that on September 12, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-71 was approved as submitted. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the required side yard setback for a building addition to be fourteen (14) feet from the side property line, a variance of eleven (11) feet. If you have any questions, please contact our office. Sincerely, Ouv-i\kt 61/4. ("n R4,446-0, Amelia M. Patterson Zoning Administrator AMP/st cc: Inspections Dept. VA-89-71 Staff Person: Amelia Patterson Public Hearing: September 12, 1989 STAFF REPORT - VA 89-71 OWNER/APPLICANT: Greg Davis TAX MAP/PARCEL: 62/32D ZONING: RA, Rural Areas ACREAGE: 2 . 004 acres LOCATION: In the southwest quadrant of the intersection of Rt. 816 and Key West Drive, off the west side of Rt. 20 North REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "Area and Bulk Regulations . . . Yards, minimum . . . side 25 feet . . . " The applicant proposes a building addition (25 X 16 feet) and requests a side yard setback reduction from twenty-five (25) to fourteen (14) feet, a reduction of eleven (11) feet. The front yard setback of thirty (30) feet (from a previous Zoning Ordinance) will be met. This subdivision was approved in 1973 . This "grandfathered" setback is permitted pursuant to Section 6. 5. 2, which states in part, " . . . in the case of any subdivision approved . . . after December 22 , 1969, and prior to the adoption of this ordinance and which was of record at the time of the adoption hereof, the rear, side and front yard and setback regulation of the Zoning Ordinance in effect at the time of such approval shall apply . . . " RECOMMENDATION Staff concurs that the proposed addition is in the most practical location. Addition to the rear is complicated by the location of an above-grade screened porch and addition to the other side is in the area of the septic tank and field. It is the staff's opinion that strict application of the ordinance would produce undue hardship. The side property line has grown in mature trees, which are primarily evergreen. However, in staff's opinion the other two criteria are not met. Staff Report - VA-89-71 Greg Davis Page 2 Staff recommends denial for cause: 1. 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. 2 . The applicant has not provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.