HomeMy WebLinkAboutVA198900099 Action Letter 1990-01-11 •
I
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 5K-75
January 11, 1990
R. E. & Malinda Faye Safley
Rt. 7, Box 207
Charlottesville, Va. 22901
Re: Board of Zoning Appeals Action
VA-89-99, Tax Map 63 , Parcel 6
Dear Mr. & Mrs. Safley:
This letter is to inform you that on January 9, 1990, during
the meeting of the Albemarle County Board of Zoning Appeals, the
Board unanimously approved your request for VA-89-99 .
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to allow construction of a
storage shed to be located 62 feet from the right-of-way of Rt. 20
north, a variance of 13 feet, and to be located 40 feet from an
access easement, a variance of 35 feet.
If you have any questions, please contact our office.
Sincerely,
/7 ' '
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Amelia M. Patterson
Zoning Administrator
AMP/rp
cc: VA-89-99
STAFF PERSON: John Grady
PUBLIC HEARING: January 9, 1990
STAFF REPORT - VA 89-99
OWNER/APPLICANT: R. E. and Melinda Safely
TAX MAP/PARCEL: 63/6
ZONING: RA- Rural Areas
ACREAGE: 1. 92 Acres
LOCATION: Located on the east side of Route 20 north
approximately 2/10 mile north of the
Route 20 and Route 621 intersection.
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations:
Yards minimum: Front 75 feet"
The applicant proposes to continue to build a storage shed 62 feet
from Route 20 north, requiring a 13 foot variance and 40 feet from
an access easement, requiring a 35 foot variance. The ground
has been prepared and footings dug to date. The shed will be
utilized to store materials for woodworking. (See attached
letter. )
RECOMMENDATION
Staff is aware that honest mistakes will occur and does feel it
needs to share some of the responsibility in this case. The
applicant submitted a building permit and Zoning staff, in error,
did approve the storage shed location without consideration of the
access easement. It is Staff's opinion that authorization of this
variance will not alter the character nor be of substantial
detriment to adjacent property. The house on the adjacent
property is closer to Route 20 and the access easement than the
shed will be. There are also two other homes within 2/10 of a mile
of the proposed shed location that are as close or closer to Route
20. The applicant also has somewhat of a hardship in that the
topography of the land directly in front of the house is very
steep and not easily buildable. The land to the rear of the house
would require a good deal of grading to locate a building and
provide vehicular access to it for loading and unloading. Given
the previous facts and considering the time and money the Safleys
have invested in this project to date, staff recommends approval
for cause.
Page 2
Staff Report - VA-89-99
Staff recommends approval for cause:
1. The applicant has provided evidence that the strict
application of the ordinance would produce undue hardship;
2 . The applicant has 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 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.