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HomeMy WebLinkAboutVA198900094 Action Letter 1989-11-16 CJ/3�2d2y\32�y2\2 2<7J»»e9 of Zoning «? S22E: 2oa§ 32« 22w5S75 November IS . 1939 Percy 1304 escyeahe Street 22c2222«2s72T22z 2« 22«21 be: Isar? ci Zcnirr 2gycais Action Icr VA-59-94 2z2 Jzg 100 , oc. e2 7c This letter is to isicru you that on November 14 , 1989 , during the meeting of the Albemarle County Board of Zoning Appeals, your 11zti- :for "- -24 was u.a.2\ousvy dismissed without if you have an =2_ons , _ �_s_ contact our office. Am.mlla 3. Pat or doncc: VA-29-94 Z2222y Administrator of n,.aF,lr o� ARV I%1H;IN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 29, 1989 Certified Mail # P 572 305 238 Percy Maupin 1304 Chesapeake Street Charlottesville, VA 22901 Re: Use of Mobile Home Violation File V-89-50 Dear Mr. Maupin: This office has tried several times to reach you by telephone, but was unsuccessful. It is my determination that there is no Zoning Ordinance provision for the use of a mobile home with storage as a primary use. There is no authority for the Board of Zoning Appeals to grant a variance for such use. If you wish to pursue it, you must appeal my determination within 30 days, to the Board of Zoning Appeals. Your proposed use of the trailer as storage was not part of your variance application (VA-89-94) . This office was not informed of these plans. Your current special use permit application (SP-89-92) proposes that the trailer be used as a residence. Within five (5) days of the receipt of this letter, you must decide if you intend for the mobile home to be used as a residence. If so, your special permit will be forwarded and the variance can again be scheduled. If you do not intend to use the mobile home for a residence, it shall be removed by January 18, 1990. This letter serves to extend the previous deadline of November 1, 1989. Failure to comply will result in legal action against you. Percy Maupin Letter November 29, 1989 Page 2 This office has repeatedly notified you of your violation. *THIS IS THE FINAL NOTICE. Sincerely, 0- . 1.7! per.--- Amelia M. Patterson Zoning Administrator AMP/st cc: Hunter and Mary Maupin CERTIFIED MAIL # P 372 305 237 Rt. 1, Box 564 North Garden, VA 22959 Ron Keeler STAFF PERSON: Amelia M. Patterson PUBLIC HEARING: November 14, 1989 STAFF REPORT - VA 89-94 OWNER/APPLICANT: Hunter and Mary Maupin (owners) ; Percy Maupin (applicant) TAX MAP/PARCEL: 100/7C ZONING: RA, Rural Area ACREAGE: 1. 6 Acres LOCATION: On the west side of Rt. 631 (Old Lynchburg Road) approximately 2 miles south of Rt. 708 REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "Yards, minimum: Front 75 feet . . . Rear 35 feet" The applicant requests a front setback of 60 feet and a rear setback of 10 feet, reductions of 15 and 25 feet respectively. The applicant requests the variance to permit a mobile home to remain on the property. The 1944 plat of the property shows a depth of 102 feet at the south end, and 140 feet at the north end, exclusive of Rt. 631 prescriptive easement. The setbacks total 110 feet in depth (front and rear) . 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: VA 88-74 Woodrow Campbell was approved on October 11, 1988 to permit a front setback reduction to forty-eight (48) feet for a building addition. RECOMMENDATION: An uninhabitable house and a mobile home presently are located on the property. The mobile home was originally located in May, 1988 as interim housing to be used during the renovation of the house. To date, work on the house has not begun and the mobile home has not been occupied. As a result, the Zoning Administrator has revoked the interim housing permit, and the mobile home is in Page 2 Staff Report - VA-89-94 violation. To abate this violation, and more adequately serve his purpose, the applicant has applied for a special use permit for the permanent location of a mobile home on the property, and has abandoned plans to reconstruct the house. Bear in mind that it is the decision of the Board of Supervisors as to whether a mobile home unit type is appropriate on this property through review of the special permit. They will consider the characteristics of the property, and may impose additional setbacks. It is possible to locate a mobile home on the north end of the property, opposite to that proposed, and meet the zoning ordinance setback requirements, subject to moderate constraints. The north end of the property is slightly higher than the grade of Rt. 631, is grown in mature hardwoods, and is traversed by two defined drainage swales. The property's entrance would require relocation, or the driveway would need to be extended. However, there appears to be sufficient level land for a house site. It appears that development, which would not necessitate a variance is possible without undue hardship, based on information available at this time. Therefore, 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.