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VA198900076 Application 1989-08-11
1 ' l P ISTALI344FILE NUMBERAPPLICATION FOR: y(check one) ���°-� IIIIIU ,,��, ny Ii�� C7 DATE SUBXro,,,,...4D V VARIANCE. - �� 6 E SPECIAL USE PERMIT % �t 5; o— AUG 11 1989 REZONING $ FEE PAID (see reverse) v-TRGI A- 1‘.1.13EMARLE COUNTY ❑ ZONING TEXT AMENDMENT ZONING D EPA.R i M F{4T ❑ MOBILE HOME DATE OF PRELIM CONF. HOME OCCUPATION ,_, ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. OWNER (as currently listed in Real Estate) Day Name ,,74. ..7, 7o.-7 /�iZ. Phone (8of) 97J-3/27 Address/777 O//1ee,,,e'Aa/ •<llis✓i/i Y/V. 22 94/ APPLICANT (if different from owner) Day Name S;vc Phone ( ) - Address `5,97'e CONTACT PERSON (if different from above) Day Name „5-;9700- Phone (_) -- Address , 5; e LOCATION: /0/2 ./.9s-E' D.ve- f;,1�R<o/".j TAX MAP/PARCEL NUMBERS (use reverse if needed) 1. o � (a. 4- L - oL - DC - OOAoo 3. - - 2. - - - 4. - - EXISTING ZONING 2 PROFFERED? Yes _ No _ Acreage if different DESIRED ZONING Sis+/rAc- PROFFERED? Yes _ No _ Acreage if different EXISTING USE 5 ye '<g-4, J/wer/�, PROPOSED USE ,S,9p1— ORDINANCE SECTION(S) : 49 /t 2,/ DESCRIPTION OF REQUEST: lwAt//, joao/Q�c l'�l� � 6/.,`/t�/fa ,'F,nd'9'"i D/4-F74 74,0, .PEi9.�,.C,,oe,4 /y/•✓E, Za'T///.�� e/s,,e in,YQF E,e,(0,,e %N eo,t4s�'eve4y /i f Q.-e,t fo C.1F/ f0 A04,-- e /4",eO�E:C/Ty /i✓f. -5 /Q4C�G /J Als-wrote✓EGL �t/ON�/ .yei✓,,/� L,e4,-,9 F�/9N E•loSiOi✓�,e00�/IY le4 vs /9A/4 OU,e /4'E"�9e 4ie,tcio,e (57 4(4 5/!,VJ O '7 �`i eee`�l7RO/26L/y• VA-89-76. Mr. Jim Walker (owner) , property known as tax map j 46A1-01, Parcel OB-P2 , located at 1779 Old Brook Road, zoned R-2 , Residential . Applicant seeks a variance from Section 4 . 11. 2 . 1 of the Albemarle County Zoning Ordinance to reduce the rear yard setback requirements for accessory structures from six (6) feet to zero (0) feet, a variance of six (6) feet. • The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of the Albemarle County Zoning Ordinance applicable to this application. �-/ x• Signed .� //i ��'� 1/Date .,� %/ ' 198_ _ J C04ner, Contract Purchaser, Agent) Fee /$/ . Date Paid /_/ � RecP 74.od' y Notes: cl(�2- �_ ` IM 0 . . r-w\o-- Krd v 6 Site Review Date: / / PLANNER: Recommendation: g Planning Commission Date: /_/ Action: Ra N Board of Supervisors Date: _/_/ Action: C Board - Zo 'n ppeals Date: �' / / Al Acti n: (a-a) r -ill. 41111111111 a I 1 �---�. mod_ THIS IS TO CERTIFY THAT ON = P E M B E F2 2 2 , 19 8 2 ,. jURVL..cD THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE SHOWN H EON/ ARTHUR F. EDWARDS , C.L.S. CERT IFIC ATE NO. I I 7 0 �I,hLTN op, ARTHUR F. EDWARRS No. - , I 1 7 o�45, Pq oei aF c AEirlE U R / TIES F LAND $V� ARE UNDERGRO U ND. 0 Ar"-- PROPER T Y /S NOT /N HUD DEFINED FLOOD ZONE / ------------------- 5etron 1 I0 W 0 3 3 S 35 9 5 Irop 6 9 . • /4.6' /'O/io Deck ,..—- IIIIII11 il 2 4 B. B W b / //2 STORY - A rn FO Y E R S P L / T o ,) n, O RESIDENCE ti d' cn 'A`O 7- w cO ` 4B . 9 ' L O T / o M �— --� w a LOT 3 0 _� ,0 I Cn t O LOT 2 25 Bj-iIdinO - Setback e. Line 1. In B 5 ' to _r ` . 1(0 Orb B th L0_ - A r 9 9. /4 ' ----- _- : R= 352.04 ' D BROOK ROAD _____ ( 50 'R/ W I PHYSICAL SURVEY SHOWING L 0 T 2 , BLOCK B , P H A E ONE F I E L D B R 0 0 K Scale : I = 30 ' ALBEMARLE COUNTY , VIRGINIA S e p t. 2 2 , 1 9 82 B. AUBREY HUFFMAN & ASSOCIATES, LTD. CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING CHARLOTTESVILLE, VIRGINIA P.S. 4 4 n 1 7 t �... JAMES RIVER POOLS PAUL BEYER, INC. P.O. BOX 126 FORK UNION, VIRGINIA 23055 (804) 842-3719 (804) 971-1587 (804) 74147 Aug 18, 1989 Archadeck Of Central Virginia P.O. Box 5185 Richmond, Virginia 23220 ATTN: Margie Langford Ms. Langford, I am writing concerning your letter of Aug 8, 1989. I will be the first to agree that it is a hot potato that no one wants to accept re- sponsibility for. You stated that you were just doing as requested and built a wood deck according to site plan. The site plan does s};tow a wood deck such as you built. I also feel that James River Pools was doing what the owner requ- ested. When asked to bid a 12 ' wide deck on the back of the pool as ot- her companies had proposed. The owner never told us during construction that we were not on his property. The fact is that we thought we had per- mits on the whole project. I am enclosing copies of our paperwork which will show that the face amount on the building permit is that of the wh- ole project. A copy of the site plan was a part of the paperwork stamped approved by Albemarle County." The' Lot Owners Association also approved the site plan for Mr. Walker. The county says that the fee they charged was only the fee scheduled for the pool . That there would have been an additional charge for the deck. It does not matter to them that their employee filled out the form. While in possession of the site plan, the county further states that to have issued a permit for the wood deck, they would have had to received a structural plan from Archadeck. I would have thought based on your stated protocol that you would have known a structural plan was needed . I do have some doubts about the protocol as Mr. Hurt and Mr. Thacker of Albemarle Inspections have both stated that Archadeck has built other decks in Albemarle County that they had not gotten permits for. It is your responsibility to know when you need inspections. At no time did you call James River Pools or Albemarle County and request inspection. Mr. Hurt says you should have had footer inspections on your posts. You incorporated uninspected work into your structure. The point is that had you requested inspections, permit deficiencies would have become ev- ident and we would not be discussing having to tear down a completed pro- duct. It is not my responsibility to know by mental telepathy that you are ready for inspection. The pool was inspected as required by Albemarle County, but they seem to be pointing at the failure to request deck inspection as to why they do not accept responsibility. The 31 ' of deck that was on the other persons property has been removed by James River Pools employees . M F r � N ' r -2- isp% A variance has been applied for, please see the attached schedule. The variance may or may not be accepted. If it is not accepted an additional 6 ' will have to be removed because of set back requirements . I plan to be at the zoning meeting as does Mr. Walker,' I would suggest that you do also. We will have less to argue about if the variance is accepted. I would also suggest • - that you talk with Mr. Hurt , the head of Albemarle Inspections. As of Aug 15 he salpiyouu had not contacted him. The problem came to light when the neighbor complained . I wish he had done so prior to proJect completion. We also will use legal means to secure our rights and would certainly re- act negatively to a mechanics lein against Mr. Walker, that is not justified. We at James River Pools feel that resolution of this problem should be acheived by Albemarle County and Archadeck. • • Sincerely, gfie#-9/ Paul V. Beyer c.c. Jimmy Walker Albemarle County Inspection /< L BE VALE COUNT ' " IIMIIIIIIIIIIIIIIIIIIIIIIIRINIUIIIIIIIIIIIIIIIIIIIIINIM_ylll "� VA-89-76 Walker, Jimmy �_DBROOK Tax Map 46A1, Parcel O1-B2 .. , 09 732 365 2 D8 794 P,637 28 ®® Pn... } 08 840 Pg 467 ®®® I. 1 et A 6 6 7 6 s now z© 3 AN 1G \ 9 IS 19 13 12 11 E /te /7 #101,‘ II 0 spr\ OPE/.SPACE OP HSPACC 4 r 4aA 5 ►Y� a111140 ®3 > ® v2i ,` 22 11 h �z I,AN( ..e'. 37 ' 11111110 37 36 35 0 0PCIr SPACE { 1 1 SEC TA% YAP 61 1 1 0 p6 1110 Ili ' . ,,,,,1„,;,,, 0, A . D 31 OPEN OPEMSPACEter LL 0&SPACE D litti* fik it .5� 9, to 00' 6� A �0205 A51 30 O29 Y 0PEMSPACE 28 el, , .. 46A211 \ 7 3 26 n 46A2"RAINTR E 0 tc2, 2' 8 2 .' 0 ..ASE 1 o s 171 .9 13 ...•39 ?3 i 9 S i 9 O PPA9E 2 D 8 833 Pg 99 tMu 103 22 •A,'2 . 21 ID i�11 \ O� P,ASE 3 D 9 833 P, 9911ru 103 IB C" P.IA5E • D 8 875 Pg 39 n.0 AA \ �/12 \ sv 6 } ONSPACE l3 Io\ P 1 a 0 40 SC ALE I. 0EE! ••• ... CHARLOTTESVILLE DISTRICT SECTION 46A1,4642 a_ , .l_„ "r x#"PsN_4ANe,YW1A_ October 2, 1989 Amelia M. Patterson Zoning Administrator Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 Dear Ms. Patterson: Re: Application VA-89-76 I am writing in regard to my request for a zoning variance that was submitted earlier. The Zoning Board met on September 12, 1989, and the variance was denied. Since then, I have read the regulations concerning re-hearings and I would like to request one. My hope is that three of the board members will agree with us and allow a re-hearing as outlined in article 7-1-2. The basis for our request is as follows: 1. The problem of erosion (both for us and our neighbor was not discussed in full). 2. We would like a decision by all five board members. As you are aware, there was no tie breaking vote at the last meeting. Two people voted for the variance and two people voted against. A fifth person's vote may have changed things. 3. Mr. Byer of James River Pools and Mr. Provost of Archadeck both feel that they have lines of reasoning not previously presented. Please consider this a request for a re-hearing. I would appreciate it very much if you let me know of anything else I must do to bring this about. 3SW\111-174-1.11a Very truly yours, 1989 r1,. /r /41/ • --i, James W. Walker 7Oh Lid • t, t, 'S'd V! 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