HomeMy WebLinkAboutVA198900097 Action Letter 1989-12-20 h•*
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COUNTY OF AI WFM/1KI.F:
Department of 7.onirq
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Charlottesville, Virginia 22901
ft 04) 296-5875
December 20, 1989
Glenn Robertson
Smith & Robertson, Inc.
Rt. 1, Box 131
Barboursville, Va. 22923
Re: Board of Zoning Appeals Action
VA-89-97 , Tax Map 57 , Parcel 53E
Dear Mr. Robertson:
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-89-97 .
This variance approval allows relief from Section 10 . 4 and 4 . 6 . 3 . 2
of the Albemarle County Zoning Ordinance to allow a house to be
located 57 feet from the right-of-way of Mechums West Drive, a
variance of 3 feet.
If you have any questions, please contact our office.
Sincerely,
A1t
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: Inspections Dept.
VA-89-97
STAFF PERSON: John Grady
PUBLIC HEARING: December 19 , 1989
STAFF REPORT - VA 89-97
OWNER/APPLICANT: Daniel M. Becker/Madaline B. Harrison
Applicant- Glen Robertson
TAX MAP/PARCEL: 57/53E
ZONING: RA- Rural Area
ACREAGE: 9 . 4
LOCATION: Located on Route 682 approximately 2/10 mile
north of intersection with Route 682 and Route
787. (Mechums West Subdivision)
REQUEST:
The applicant requests relief from Sections 10. 4 and 4 . 6. 3 . 2 of
the Albemarle County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations:
Yards minimum: Front 75 feet"
"4 . 6. 3 . 2 (Prior to amendment of 7-20-88) Other yards
adjacent to streets shall have a minimum width or
depth, as the case may be, of eighty (80) percent of
the minimum front yard depth required in the district
in which the lot is located. This provision shall
apply to lots in the RA or residential districts only. "
The applicant is requesting a 3 foot variance to
allow a house to be located 57 feet from the
right-of-way of Mechums West Drive.
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:
Mechums West Subdivision was approved in June of 1987 . During this
time the Zoning Ordinance allowed an 80 percent reduction in the
front yard requirements for double frontage lots.
The front was established as the side with the shortest boundary
fronting on a street if no building or lotting pattern had been
established.
Section 4 . 6. 3 . 2 allowed the front setback of 75 feet to be reduced
to 60 feet until July 20, 1988 when the Zoning Ordinance was
amended and the corner lot provision was deleted.
Page 2
Staff Report - VA-89-97
RECOMMENDATION:
This appears to be an honest mistake that was made by both the
builder and the inspector in this case. At the time of the
preliminary zoning and footing inspection the center of the road
was used to determine the front setback. The variance arises from
the fact that the actual road meanders within the right-of-
way 6 feet to 8 feet and is not located in the center of the
right-of-way. Staff does have to agree that it is common practice
to use the center of existing roads to ascertain the front setback
and may have made the same error in this case as the house is
located 88 feet from the center of the road.
Staff is sympathetic to the conditions that led to this error and
does not feel that authorization of the variance will be of
substantial detriment to adjacent property. However, applicant
does not meet criteria (1) and (2) listed below and should be
denied for cause.
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.