HomeMy WebLinkAboutVA199000003 Action Letter 1990-01-26 :41
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
January 26, 1990
Michael Wright & Joseph Graham
P. O. Box 8186
Charlottesville, VA 22906
Re: Board of Zoning Appeals Action
VA-90-03, Tax Map 45, Parcel 11P
Dear Mr. Wright & Mr. Graham:
This letter is to inform you that on January 25, 1990, during
the meeting of the Albemarle County Board of Zoning Appeals, the
Board unanimously approved your request for VA-90-03 .
This variance approval allows relief from Section 4. 1. 6 of the
Albemarle County Zoning Ordinance for a reduction in the septic
reserve area on an existing lot from 100 to 50 percent for new
house construction.
If you have any questions, please contact our office.
Sincerely,
j•A'"-eiji-• ill • aC,L44,—
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-03
Inspections Department •
Health Department 7••
STAFF PERSON: Amelia Patterson
PUBLIC HEARING: January 25, 1990
STAFF REPORT - VA 90-03
OWNER/APPLICANT: Michael Wright and Joseph Graham
TAX MAP/PARCEL: 45/11P
ZONING: RA, Rural Area
ACREAGE: 1. 034 Acres
LOCATION: 356 Squirrel Path Ridge, on the east side of Rt.
743 (Earlysville Road) , just north of Rt. 631
(Rio Road)
REQUEST:
The applicant requests relief from Section 4. 1. 6 of the Albemarle
County Zoning Ordinance, which states:
"4. 1.6 For lots not served by a central sewer system, no
building permit shall be issued for any building or
structure, the use of which involves sewage disposal
without written approval from the local office of
the Virginia Department of Health of the location
and area for both original and future replacement
septic disposal fields adequate to serve such
use. For residential usage, at a minimum, each
septic disposal field shall consist of suitable
soils of adequate area to accommodate sewage
disposal from a three (3) bedroom dwelling as
determined by current regulations of the Virginia
Department of Health. " (Amended 11-15-89)
The applicant seeks a variance for a reduction in the septic
reserve area on an existing lot, from 100 to 50 percent, for new
house construction. The applicant intents to build a 3 bedroom
house, and has applied for a building permit which is pending for
the variance.
RELEVANT HISTORY:
Squirrel Ridge Subdivision plat was signed by the County in
October, 1979. As a condition of this approval, the Health
Department gave preliminary approval of two (2) septic field areas
on each lot. However at this time, the Health Department can only
find suitable area for a one-half or 50% replacement field.
Page 2
Staff Report - VA-90-03
RECOMMENDATION:
There is no "grandfather" clause (non-conforming language) to
exempt this lot from the current County regulations relating to
septic approval. In this case, it is not possible to obtain a
full replacement field with alternate locations for improvements.
This lot was created within the proper procedures, and the
original developer and subsequent owners have relied in good faith
on that approval.
Therefore, staff recommends approval for cause:
1. The applicant has provided evidence that the strict
application of the ordinance would produce undue hardship.
It would necessitate construction of fewer bedrooms
in the house.
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.
NOTE: Zoning staff will discuss this type of variance with
Planning staff. It may be necessary to amend the Zoning Ordinance
to avoid recurrent variance requests on existing lots. Perhaps an
exemption such as that for construction of a dwelling on critical
slopes (4. 2 .6.2) will resolve it.