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HomeMy WebLinkAboutVA199000006 Action Letter 1990-02-26 ��hGIN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 26, 1990 Lewis E. & Joan S. Dameron; and Junior and Margaret V. Dameron Rt. 3, Box 16 Earlysville, VA 22936 Re: Board of Zoning Appeals Action VA-90-06, Tax Map 31, Parcel 38 Dear Ladies and Gentlemen: This letter is to inform you that on February 20, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-06 with the following conditions: 1. That the applicant meet all building code regulations and obtain a Certificate of Occupancy from the Inspections Department. 2 . The enclosed walkway area not be used for storage or display area at any future date. This variance approval allows relief from Section 21.7 . 1 of the Albemarle County Zoning Ordinance to reduce the front yard setback from 30 feet to 18 feet to allow a breezeway addition to remain as constructed, a variance of 12 feet. If you have any questions, please contact our office. Sincerely, UfrJiL , PAp,air— Amelia M. Pattern Zoning Administrator AMP/st cc: VA-90-06 Inspections Department STAFF PERSON: John Grady PUBLIC HEARING: February 20, 1990 STAFF REPORT - VA-90-06 OWNER/APPLICANT: Lewis E. & Joan S. Dameron, Junior & Margaret Dameron TAX MAP/PARCEL: 31/38 ZONING: C-1, Commercial LOCATION: At the intersection of Route 663 and Route 743 REQUEST: The applicant requests relief from Section 21.7. 1 of the Albemarle County Zoning Ordinance. This section states: "Adjacent to public streets: No portion of any structure except signs advertising sale or rental of the property shall be erected closer than 30 feet to any public street right-of-way. " The applicant is requesting a variance of 12 feet to allow a breezeway addition to remain as constructed 18 feet from the right-of-way. The property is triangular in shape, and is surrounded by public roads on all three sides. The applicant's justification includes: 1. They were unaware that a covered walkway would require a building permit or variance. 2 . The covered walkway is located farther away from the right-of-way than either of the other existing buildings. 3 . The structure was built only as a means to keep the employees out of inclement weather, and to provide security after the hours of sunset. 4 . The walkway cover is not intensifying or altering the use of either building in any way. 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: Page 2 Staff Report VA-90-06 Lewis E. & Joan S. Dameron, Etal. Variances: VA-74-35 A variance of 16 feet to allow a refrigeration unit to be placed 14 feet from right-of-way. (approved) VA-77-41 A variance to replace the refrigeration unit with a permanent structure. (approved) A variance of the area requirements in 4. 1. 3 to allow 2 commercial uses on an 18, 000 square foot lot. (Denied) RECOMMENDATION: The enclosed walkway does appear to improve the personal safety and shelter to the Dameron's and their employees. The structure does not intensify the use of the property. It is staff's opinion that the applicant does possess undue hardship that is not shared generally, and is not of substantial detriment. The enclosed walkway would not substantially impact the district by not encroaching farther than the present structures. The parcel is of such exceptional narrowness and shallowness so as to prohibit building an addition without a setback variance. 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. Should the Board find cause to approve this variance, staff recommends the following conditions: 1. That the applicant meet all building code regulations and obtain a Certificate of Occupancy from the Inspections Department. 2 . The enclosed walkway area not be used for storage or display area at any future date.