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HomeMy WebLinkAboutVA198900074 Action Letter 1989-10-11 yur AL/4, i� 1:IIIIV :� �IRGIN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 October 11, 1989 G. Wayne Gentry 775 Bridle Path Drive Earlysville, VA 22936 RE: Board of Zoning Appeals Action VA-89-74, Tax Map 45E, Parcel O1-F2 Dear Mr. Gentry: This letter is to inform you that on October 10, 1989, during the meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-74 was approved. The variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front yard setback requirements from 75 feet to 40 feet, a 35 foot variance to allow a detached garage to be located 40 feet from the front property line. If you have any questions, please contact our office. Sincerely, 4f-0-.An John Grady Deputy Zoning Administrator JG/wje cc: Inspections Department VA-89-74 Staff Person: John Grady Public Hearing: October 10, 1989 STAFF REPORT - VA-89-74 OWNER/APPLICANT: Wayne G. Gentry TAX MAP/PARCEL: 45E/Parcel 01-F2 ZONING: RA, Rural Area ACREAGE: Approximately 3 . 341 Acres. LOCATION: 775 Bridle Path Drive in Bedford Hills Subdi- vision, located off Route 676. REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "Area and Bulk Regulations . . . Yards, minimum Front 75 feet . . . " The applicant proposes to construct a detached 2-car garage on the east side of his property to be located 40 feet from the front property line which would require a 35 foot variance. RECOMMENDATION: The area proposed for the garage appears to be the most practical area for this type of construction. The applicant's request for this location is based on the following: 1. The area to the west side of the house is steep. 2 . The rear of the lot also has a steep grade and a well location. Fifty to one hundred foot separations from structure to well should be maintained if the ground is to be treated for termite protection. 3 . The area east of the house is occupied by the septic tank, distribution box, and drainfield area which had to be placed in this area to maintain a 100' setback from a stream at the rear of the property. An on-site inspection indicates that the applicant does possess topographical difficulties in further development of his site. Although a hardship does exist as listed above, staff's opinion is that the applicant does not meet criteria #1 and #2 listed below and should be denied for cause. STAFF REPORT - VA-89-74 Wayne G. Gentry Page 2 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 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. STAFF REPORT - VA-89-74 G. Wayne Gentry October 10, 1989 This additional information is being provided for the Board's convenience concerning the Gentry variance request (VA-89-74) . An additional on-site inspection with Mr. Rennolds of the Board of Zoning Appeals has revealed additional information that was not considered during the first meeting concerning this case. It appears that Bridle Path Drive was not built in accordance with the 50 foot right-of-way that was provided in Phase II of Bedford Hills. At this time I do not have the answers concerning this matter. Hopefully I will be able to address the correct right-of-way location by the next Board meeting date. Staff Person: John Grady Public Hearing: September 19, 1989 STAFF REPORT - VA-89-74 OWNER/APPLICANT: Wayne G. Gentry TAX MAP/PARCEL: 45E/Parcel 01-F2 ZONING: RA, Rural Area ACREAGE: Approximately 3 . 341 Acres. LOCATION: 775 Bridle Path Drive in Bedford Hills Subdi- vision, located off Route 676. REQUEST: The applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: "Area and Bulk Regulations . . . Yards, minimum Front 75 feet . . . " The applicant proposes to construct a detached qar garage on the east side of his property to be located it feet from the front property line which would require a ffi foot variance. 3S" RECOMMENDATION: The area proposed for the garage appears to be the most practical area for this type of construction. The applicant's request for this location is based on the following: 1. The area to the west side of the house is steep. 2 . The rear of the lot also has a steep grade and a well location. Fifty to one hundred foot separations from structure to well should be maintained if the ground is to be treated for termite protection. 3 . The area east of the house is occupied by the septic tank, distribution box, and drainfield area which had to be placed in this area to maintain a 100' setback from a stream at the rear of the property. An on-site inspection indicates that the applicant does possess topographical difficulties in further development of his site. Although a hardship does exist as listed above, staff's opinion is that the applicant does not meet criteria #1 and #2 listed below and should be denied for cause. rroli AI iv:, COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Amelia Patterson, Zoning Administrator FROM: Ronald S. Keeler, Chief of Planning AV DATE: September 11 , 1989 RE: Board of Zoning Appeals Meeting September 19 Below are departmental Zoningconcerns Appealsregarding Meetingitems for the September 19 Board o VA-89-74 G. Wa ner •requests-areDfordreducedayaDdsBinwn. Both of these variance make it existing subdivisions. g such variances y difficult ot ipooesimilarfuturerequests in Bedford Hills and Meriwether Hills subdivisions unless clearly distinguishing circumstances can be identified. VA-89-75 Richard D• & Comae S.variances the scenichneider: In the past, a number o highways requirements were granted by the BZA along Rt. 250W, citing frequently in these actions that the requests were not inappropriate to existing patterns of development. Virginia a. 05 ist almost ou whservingrural Monticello character theand proposed Kluge major tourist route variances have been carriage museum. To date, few if any granted from the scenic highway provisions along Rt. 20S. While a setback variance may be justified, granting a size variance could be viewed as a statement that ordinance If n provisions for identification signs are nainappropriate. to the BZA determines that otto variance case, would appear more the ordinance as oppsed appropriate. " f t ,b COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Amelia Patterson, Zoning Administrator FROM: Ronald S. Keeler, Chief of Planning DATE: September 11, 1989 RE: Board of Zoning Appeals Meeting September 19 Below are departmental concerns regarding items for the September 19 Board of Zoning Appeals Meeting. VA-89-74 G. Wayne Gentry; VA-89-78 David L. & Kay D. Brown: Both of these variance requests are for reduced yards in existing subdivisions. Granting such variances may make it difficult of disapprove similar future requests in Bedford Hills and Meriwether Hills subdivisions unless clearly distinguishing circumstances can be identified. VA-89-75 Richard D. & Louise S. Fisco; Nancy J. Schneider: In the past, a number of variances from the scenic highways requirements were granted by the BZA along Rt. 250W, citing frequently in these actions that the requests were not inappropriate to existing patterns of development. Virginia Rt. 20S is almost wholly rural in character and is also a major tourist route serving Monticello and the proposed Kluge carriage museum. To date, few if any variances have been granted from the scenic highway provisions along Rt. 20S. While a setback variance may be justified, granting a size variance could be viewed as a statement that ordinance provisions for identification signs are inappropriate. If the BZA determines that to be the case, then amendment to the ordinance as opposed to variance would appear more appropriate. Staff Person: John Grady Public Hearing: September 19, 1989 STAFF REPORT - VA-89-74 OWNER/APPLICANT: Wayne G. Gentry TAX MAP/PARCEL: 45E/Parcel 01-F2 ZONING: RA, Rural Area ACREAGE: Approximately 3 . 341 Acres. LOCATION: 775 Bridle Path Drive in Bedford Hills Subdi- vision, located off Route 676. REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "Area and Bulk Regulations . . . Yards, minimum Front 75 feet . . . " The applicant proposes to construct a detached 2-car garage on the east side of his property to be located 35 feet from the front property line which would require a 40 foot variance. RECOMMENDATION: The area proposed for the garage appears to be the most practical area for this type of construction. The applicant's request for this location is based on the following: 1. The area to the west side of the house is steep. 2 . The rear of the lot also has a steep grade and a well location. Fifty to one hundred foot separations from structure to well should be maintained if the ground is to be treated for termite protection. 3 . The area east of the house is occupied by the septic tank, distribution box, and drainfield area which had to be placed in this area to maintain a 100' setback from a stream at the rear of the property. An on-site inspection indicates that the applicant does possess topographical difficulties in further development of his site. Although a hardship does exist as listed above, staff's opinion is that the applicant does not meet criteria #1 and #2 listed below and should be denied for cause. STAFF REPORT - VA-89-74 Wayne G. Gentry Page 2 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 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.