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HomeMy WebLinkAboutVA198900078 Action Letter 1989-09-21 ,,OAF A Lpki o'erj�l IIIII%r J,Mris Jb �7�2ciN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 21, 1989 David & Kay Brown 2700 Meriwether Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-78 - Tax Map 58B, Parcel B6 Dear Mr. & Mrs. Brown: This letter is to inform you that on September 19, 1989, during the meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-78 was approved as submitted. This variance approval allows relief from Section 12 . 3 of the Albemarle County Zoning Ordinance to reduce the side yard setback requirements from 15 feet to 6 feet, a variance of 9 feet to allow construction of a two car attached garage. If you have any questions, please contact our office. Sincerely, A RL Amelia M. Patterson Zoning Administrator AMP/st cc: Inspections Dept. VA-89-78 Staff Person. Amelia M. Patterson Public Hearing: September 19, 1989 STAFF REPORT - VA 89-78 OWNER/APPLICANT: David L. and Kay Brown (Owners) TAX MAP/PARCEL: 58B/Parcel. B6 ZONING: Village Residential ACREAGE: Approximately 8/10 Acre. LOCATION: 2700 Meriwether Drive in Meriwether Hills Sub- division located on Route 676 in the Ivy area. REQUEST: The applicant requests relief from Section 12 . 3 of the Albemarle County Zoning Ordinance, which states: "Area and Bulk Regulations . . . Yards minimum Side yards 15 feet . . . " The applicant seeks a variance to reduce the side yard setback requirement from fifteen (15) feet to six (6) feet, a variance of nine (9) feet to allow construction of a two car attached garage. RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits,and is not on its face, precedent-setting. The following history is provided for information: The area proposed for construction appears to be the most practical area for this type of addition as the existing driveway is already adjacent to this side of the house. There is an existing entrance door located in this area and the area has been previously graded and retaining walls built. This will tend to minimize earth disturbing activities and cost to the owner. To utilize the north side of the house or the rear yard for a garage location will require the removal of several large oak trees or a good deal of grading on the site. Should relief be granted in this case, it should be noted that the garage addition will be approximately sixty (60) feet to the adjacent neighbor's house. RECOMMENDATION Although staff is sympathetic to the applicants' request, we must still recommend denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; STAFF REPORT - VA-89-78 David L. and Kay Brown (Owners) Page 2 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 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.