HomeMy WebLinkAboutVA198900096 Action Letter 1989-12-21 CLOY A //,1l
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 21, 1989
Thomas B. Lincoln
1575 State Farm Blvd.
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-89-96, Tax Map 61, Parcels 210 & 210A
Dear Mr. Lincoln:
This letter is to inform you that on December 19, 1989, during
the meeting of the Albemarle County Board of Zoning Appeals, the
Board unanimously approved your request for VA-89-96.
This variance approval allows relief from Section 15. 3 of the
Albemarle County Zoning Ordinance to allow an existing dwelling to
be located "0" feet from a proposed 30 foot joint access easement
(existing gravel drive) for a proposed subdivision, a variance of
25 feet.
If you have any questions, please contact our office.
r
Sincerely,
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Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-89-96
Inspections Department
Planning Department
STAFF PERSON: Kathy Dodson
STAFF REPORT - VA-89-96 PUBLIC HEARING: 12/19/89
OWNER/APPLICANT: David C. and Susan G. Landin
TAX MAP/PARCEL: 61/210 & 210A
ZONING: R-4 , Residential
ACREAGE: 6. 9 Acres (approximately)
LOCATION: West side of Route 631 at Intersection
with Agnese Street
REQUEST:
The applicant requests relief from Section 15. 3 of the Albemarle
County Zoning Ordinance to allow an existing dwelling to be
located 0 feet from a proposed 30 foot joint access easement
(existing driveway) for a proposed subdivision, a variance of
25 feet.
This section states: "15. 3 Area and Bulk Regulations
. . . Yards Minimum:
. . . Front 25 feet. . . "
The applicant's justification states that the existing driveway
has served these houses for many years and the topography of
the property dictates the location of this driveway remain in
its existing location.
RELEVANT HISTORY:
The property consists of approximately 6. 9 acres. Three lots
are proposed, two of which will be served by a 30 foot joint
access easement (existing gravel drive) . At present, there
is an existing house on each of these two parcels and each are
served by separate access. An existing entrance for parcel A-2
is to be closed thus creating the need for a joint access ease-
ment.
Pursuant to Section 18-36 of the Albemarle County Subdivision
Ordinance, for two lots being served by an access easement,
the surveyor must certify on the plat that the existing and/or
proposed right-of-way will provide reasonable access.
The ordinance does not specify what size right-of-way is
considered to be reasonable. Therefore, 30 feet is normally
recommended. According to the Department of Planning
(William D. Fritz, Planner) smaller right-of-ways are
possible. If a smaller right-of-way was approved in this
case, a lesser variance would be required.
It appears that the right-of-way could be shifted away from
the dwelling on Parcel A-1, thereby relieving the need for a
variance.
STAFF REPORT - VA-89-96
David C. and Susan G. Landin
Page 2
RECOMMENDATION:
The application should be denied for cause:
(1) The applicant has not demonstrated that his perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district.
(2) The applicant has not provided sufficient evidence to
show that a strict application of the zoning ordinance
would produce a clearly demonstrable hardship approach-
ing confiscation as distinguished from a special privilege
or convenience.