HomeMy WebLinkAboutVA199000007 Action Letter 1990-02-26 Aoo AL46
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
February 26, 1990
Robert & Carolyn Sweeney
Rt. 9, Box 45
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-90-07, Tax Map 93, Parcel 47E
Dear Mr. & Mrs. Sweeney:
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 denied your request for VA-90-07.
Anyone aggrieved by a decision of the Board can appeal their
decision to the Circuit Court of Albemarle County within thirty
(30) days of the decision.
PLEASE NOTE: THE GARAGE STRUCTURE SHALL BE REMOVED FROM THE SITE
ON OR BEFORE THURSDAY, MARCH 29, 1990. FAILURE TO DO SO WILL
RESULT IN LEGAL ACTION AGAINST YOU.
If you have any questions, please contact our office.
Sincerely,
(14-41._
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-07
CERTIFIED MAIL #P 698 937 622
STAFF PERSON: Amelia M. Patterson
PUBLIC HEARING: February 20, 1990
STAFF REPORT - VA-90-07
OWNER/APPLICANT: Robert and Carolyn Sweeney
(Sweeney's Garage)
TAX MAP/PARCEL: 93/47E
ZONING: RA, Rural Areas
ACREAGE: 7 .75 acres
LOCATION: On the south side of Route 53 , just
east of Route 729 (Mt. Eagle Church)
REQUEST: The applicant requests a variance from
Section 10.4 of the Albemarle County Zoning
Ordinance. This section states:
"10.4 AREA AND BULK REGULATIONS
Yards, minimum . . .
Front 75 feet
Side 25 feet . . . "
The applicant requests a variance to allow reconstruction of the
garage at 34 feet from the front and 15 feet from the side
property lines, variances of 41 and 10 feet. The garage was
destroyed by fire in August, 1987. A cinderblock shell with no
roof and breaks in the wall remain onsite.
The applicant comments:
The garage will be utilized for repairs and storage, but no
body work. To rebuild the shop at another location would
cost $25, 000 - $30, 000.
RELEVANT HISTORY:
The applicant has operated a used automobile sales facility with
appurtenant service facilities at this location since prior to the
Zoning Ordinance in 1968. The use therefore is "grandfathered" ,
or non-conforming, and is not the subject of this variance. On
several prior occasions and currently, the applicant has been
required to make efforts towards compliance with a 1983 court
order for this operation.
Page 2
Staff Report VA-90-07
Robert & Carolyn Sweeney
RECOMMENDATION:
The Albemarle County Zoning Ordinance permits reconstruction of a
non-conforming use or structure which is damaged as a result of
factors beyond the control of the owner, within a given time
period. Section 6. 6. 1 permits reconstruction which begins within
twelve (12) months and is completed within twenty-four (24) months
from the date of such damage. Some localities do not permit such
reconstruction or restoration.
Staff can not support this request, based on the following:
1. The hardship is self-imposed. The applicant did not
exercise his right to rebuild as provided in the Zoning
Ordinance.
2 . The structure is unsightly as it exists and is proposed,
and should be setback at the minimum requirement or further
if possible.
3 . There is not sufficient room for suitable screening measures.
4 . The close proximity to the road does not permit sufficient
room for good vehicular access into and out of the building.
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.
3 . The applicant has not 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. Screening shall be provided from Route 53 to the satisfaction
of the Zoning Administrator.
2 . Some facade treatment shall be provided to the satisfaction of
the Zoning Administrator.
3 . Access circulation shall be subject to Zoning Administrator
approval.