HomeMy WebLinkAboutVA198900087 Action Letter 1989-09-18 qfb—
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 18, 1989
W. Gayle Pickford
230 Court Square
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-87 , Tax Map 61W2, Parcel 01-P4 •
Dear Mr. Pickford:
This letter is to inform you that on October 17, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-87 was approved.
This variance approval allows relief from Sections 4 . 11. 2 . 1
of the Albemarle County Zoning Ordinance to allow a deck
(existing) to be located zero (0) feet from the rear property
line, a variance of six (6) feet.
If you have any questions, please contact our office.
Sincerely,
Amelia M. Patt rson
Zoning Administrator
AMP/st
cc: VA-89-87
Inspections Department
Kay Steigman
VA-89-22
STAFF REPORT - VA-89-87 STAFF PERSON: AMP
PUBLIC HEARING: October 17, 1989
OWNER/APPLICANT: Kay P. Steigman
TAX MAP/PARCEL: 61W2/O1-P-4
ZONING: R-10, Residential
ACREAGE: Not Listed
LOCATION: 120 Blithe Court in Birnam Wood, off the east side
of Rio Road West
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 seeking relief from the required six (6) foot setback to
have a deck to be located abutting the property line with zero (0) foot
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. These residences
are attached townhouses with enclosed privacy fences.
The applicant submits three items of additional information, not available
for the previous review:
1. Letter from Kurt Gloeckner, Professional Engineer to substantiate
(a) the fact that the present deck provides protection from erosion
and drainage problems, and (b) alteration of the deck would create
a worse situation;
2. Petition of support from adjoining owners;
3. Cost estimate ($2,164) for deck alteration.
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 applicant sought relief and VA-89-22 was previously denied by the Board
of Zoning Appeals on April 25, 1989.
Staff Report - VA-89-87
Kay P. Steigman
Page 2
Adjacent properties have been granted variances for non-conforming decks
to remain in place.
VA-89-15 James and Jennifer Rice was approved on July 11, 1989, for a deck
to remain two (2) feet from the rear property line on Parcel 3.
VA-89-68 Alan Roecks was approved on August 15, 1989, for a deck to remain
three (3) feet from the rear property line on Parcel 5.
Staff is not aware of distinguishing factors for variance review of this
versus the adjacent requests. Therefore, consistent with previous
recommendations, staff recommends denial.
Staff recommends denial for cause:
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 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.