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HomeMy WebLinkAboutVA199000009 Application 1990-01-16 oyALB,, *-9a -- D9 �. 47 FILE NUMBER 10 APPLICATION FOR: •_ 11 (check one) I I ill o r ��� VARIANCE fRorrf"�� �111.0ty EILIM �n SPECIAL USE PERMIT " ` `" PA erse REZONINGRGI� % lei ? ZONING TEXT AMENDMENT MOBILE HOME DATJSLO OUV W Y ZONING C3EPA TM `f r7 HOME OCCUPATION 1-1. ACCESSORY TOURIST LODGING STAFF AT PRELIM. ONF. . ' tik (144,\C,, _):•.k_ ‘:19. , Lcu-A-Pka/v‘--t-c- - c),.(i.) , ._,x— • 6WNER (as currently list9.4 in Re,al Eistlate 0- 1 �� ay Name 7 _r�� ' . ,: ' -7-, Phone ( 3?5 5706' Address _sir `/ ile-3- 3 V-5 LeY�r-.. .. '.C..,-- /7."-e.x-sc.„ Li (1+- vr-W,s,e� '44-... .2 7 APPLICANT (if different frog owner ' Day • Name "7, ,�+� �-rz �� Phone (y07)..3.J. ,5/Os Address i y L1 _7 .0--21-, 2 722 - ?�� -,� 30527 i s��n.Z CONTACT PERSON (if different from above)v � Day Name , ' Phone (9©r) 773- Z 73 2 Address G . yg-c - .3-a T -z.-- - 7.4-n � , Vcr . 2 2 R' 5/4 LOCATION: , 3 ..,,,,;(2,,,, -.,,�,,/J ` e uasz_ i , .r?s �''-,4 cam- *'6/ TAX MAP/PARCEL NUMBERS (use reverse if needed) 1. -% LLc2c. - _ _ - __ - _ - _ = - 4. - - - 2. - - - EXISTING ZONING i- -\ PROFFERED? Yes _ No _ Acreage if different DESIRED ZONING f, '' PROFFERED? Yes _ No _ Acreage if different EXISTING USE PROPOSED USE ORDINANCE SECTION(S): DESCRIPTION OF REQUEST: i'"i;`1-4. re, \J/UI/.tnc `�vr rF'd 3a-LtAl trf 4,•, r JUSTIFICATION FOR REQUEST: ,i,-' t c.x.. AL—,,`42-- • The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of the Albemarle County Zoning Ordinance applicable tom this application. f'f�.fi -(�. . " z Date , 198 . • Signed ,� h.G�� x t VA-90-09 . Mariarose Seddon (purchaser) and Percy Lawrence (owner) , r.v^,crty known aS tale man 17 rlarr•ol l '2L1 l ^,-. 4-e,'7 ..r. 4-1,,, ,,,no-1- c;,7i+ VA-90-09 . Mariarose Seddon (puchaser) and Percy Lawrence (owner) , property known as tax map 17 , parcel 13B, located on the west side of Route 601, approximately 2 . 3 miles north of Free Union, just south of Route 667 , zoned RA, Rural Areas. Applicant proposes subdivision into 2 lots and requests variance of Section 10. 4 to reduce the setback from 75 feet from a proposed joint driveway to 20 feet from an existing and 48 feet from a proposed house; and to reduce the private road frontage from 150 feet to 50 feet./qlr/ o Board of Zonin Appeals Date: _/ L, / Action: fie- efack wu 11 ^,66,'il,Ali 90 — , lG yr d,...,,' , - day ` " , 6 lolit - , 3 ,•?1 N f\y_ffleA \c, Pita a (5.4) THIS CONTRACT OF SALE made in triplicate this ..4t:b... day of January , 19 90, between Mariarosa G. Seddon (hereinafter called Purchaser) and Percy F. Lawrence (hereinafter called Seller) and (hereinafter called Agent), WITNESSETH: That for and in consideration of the sum of $ 250. 00 , cash in hand paid by Purchaser to Agent as agent for Seller, the receipt of which is hereby acknowledged by Seller and Agent (said sum to be held by Agent until settlement and then applied on the purchase price), Purchaser agrees to buy and Seller agrees to sell for the sum of $ 8 , 000. 00 all that certain piece, parcel or lot of land described as follows, to-wit: Two acres of a certain tract of 4. 85 acres in Albemarle County, Virginia, shown on a plat of Hugh Simms dated Dec. 1947 , Deed Book 277 page 151 , which 2 acres shall front on St. Rt. 601 (Brownsville Road) for a distance of 1/2 the total frontage of said 4. 85 acre tract and �q Hg...... bound on the north by the northern boundary of said 4. 85 acre tract (N 49 1/4 W 727' on said plat) and on the south by a parallel line extending back from St. Rt. 601. The purchase price shall be paid as follows: Cash at Closing This contract is contingent u2QD...V ch . ,.obt.aj.pl,ng..t:he..necess.ary approval from Albemarle County to subdivide said 4. 85 acre tract and to place or locate a mobile home t<heregm, Seller agrees to convey the above property by a General Warranty Deed with the usual covenants of title, said deed to be prepared at the expense of Seller. Risk of loss to said property by fire, windstorm, accident or other casualty shall be borne by Seller until settlement. All taxes, interest, insurance, rents, FHA and other escrow deposits, if any,shall be prorated and adjusted to date of settlement. Possession shall be delivered on ...closing Settlement shall be made at Agent's office or at _ 435 Park Street, Charlottesville, VA on or before February 13 09 90, or as soon thereafter as title can be examined and papers prepared, allowing a reasonable time to correct any defects reported by the title examiners. It is understood that the title is to be free and clear of all liens and indebtedness of every kind except those mentioned above. It is understood that the property is to be conveyed subject to applicable restrictive covenants of • record. Seller agrees to pay to Agent for his services a cash fee of 0 per cent of the sale price of the property. WITNESS the following signatures and seals: Purchasers lers (74 u 4c J 4k- (: ....c..,'!"''t'dc4Y c (SEAL) '-j:„-e„,...C°(.i L 2`'..4.e1SEAL) C/ v (SEAL) I (SEAL) Brokers I 4 s S EVEN .ax. TK0fAS ConsuLti.ng Soil Scientist 1 .t. 3, Box 121-Al Amherst, Virginia. 24521 (804) 946-5192 February 1 , 1990 Ms. Mariarosa Seddon c/o Roger & Janie McCauley P. O. Box 52 Free Union, VA 22940 Dear Ms. Seddon: This letter is in response to the question raised by the Albemarle County Zoning Dept. concerning the size of the drainfield for the proposed home on rt. 601 near Free Union. According to the zoning dept. , there is a 75 ft. setback for the building from the center of the road. If the home is placed at the minimum setback, there should be sufficient area for a drainfield and reserve to service a three bedroom home ( zoning requires all drainfields installed to be large enough to serve three bedrooms) . The drainfield can start about 10 ft. behind the homesite and proceed back through the area presently marked for a two bedroom home. Please refer to the revised drawing for approximate distances to the home, drainfield, and well. A class 2B well may be required if the soil is chemically treated for termites and the well is less than 100 ft. from the home or drainfield. I hope that this information is suitable for your present needs. If the health dept. or zoning dept. requires me to pace all distances again, please let me know. Sincerely, - i r7 tom.° Steven K. Thomas Soil Scientist FEB 5 1990 cc: Ms. Patterson, Albemarle County Zoning Dept. Jeff McDaniel, Sanitarian lON NCi DEPikR `N Soil Mapping. Lot Evaluations and Interpretations C)TEVEN TKIOflA ConsuLting Soil Scientist 92.t. 3, $(m 121-Al Amherst, Virginia 24521 (804) 946-5192 January 6, 1990 Ms. Mariarosa Seddon c/ o Roger & Jeanie McCauley P. 0. Box 52 Free Union, VA 22940 Dear Ms. Seddon: Please find enclosed the soil information that you requested on a two acre parcel of land on Rt. 601 between Crossroads and Free Union. The purpose of this investigation was to locate suitable soils for the installation of a septic tank absorption field and reserve according to the Va. Sewage Handling and Disposal Regulations, adopted November 1982. Suitable soils were located in the vicinity of the flagged area. The blue flags mark the approximate corners of the drainfield and the pink flags mark the auger holes. A 100% reserve area is required in Albemarle County and is in the vicin- ity of auger hole " D" . Based on a estimated perc rate of 65 minutes per inch for a two bedroom home, about 992 square ft. of trench bottom is needed. This relates to about 4-83 ft. lines. Installation depth is at 60 inches. Please refer to the drawing and soil evaluation form for specifics con- cerning the drainfield area. Present this information to the Albemarle County Health Department for approval and design of the system. If I can be of further assistance on this or other matters, feel free to call. Sincerely, Steven K. Thomas Soil Scientist Soil Mapping. Lot Evaluations and Interpretations For Land feve[,opment February 23, 1990 Mrs. Amelia M. Patterson Zoning Administrator County of Albemarle Zoning Department Re: Variance Application #VA-90-09 Dear Mrs. Patterson: I have changed my mind about selling two acres of land to Mrs. Seddon, and therefore I am writing this to withdraw my variance application. Should you have any questions, please call. Sincerely, 8*1.t,14/ PercY F. Lawrence Rt. 1, Box 246 Free Union, VA 22940 April 16, 1990 Mrs. Amelia M. Patterson Zoning Administrator County of Albemarle Zoning Department County Office Building 401 Ridge McIntire Charlottesville, Virginia 22901 Re: Variance Application: VA-90-09 Dear Mrs. Patterson: After consultation, I have once again changed my mind and hereby request that the above-titled variance application be placed on the next occurring docket. It is my understanding that this docket will be heard on June 12 . If in fact there is a possibility of an earlier hearing, I would greatly appreciate it. Thank you for your attention to this matter. Very truly yours, 1.. r�x r- Percy Lawrence i .,. 5 la 3, 721-g _ _ APR a G� 1.990 O'—i ��; 1)1:PA iI ME M. , Parker, McElwain o Jacob, PC. F&M BANK BUILDING 1425 SEMINOLE TRAIL CHARLOTTESVILLE, VA 22901 J RANDOLPH PARKER PO BOX 6186 LARRY J McELWAIN CHARLOTTESVILLE,VA 22906 ANNIE LEE JACOBS HERBERT L BESKIN (804)973-3331 FREDERICK T HEBLICH,JR FAX(804)973-9393 April 25, 1990 Ms. Amelia M. Patterson Zoning Administrator County of Albemarle Zoning Department County Office Building 401 Ridge McIntire Charlottesville, Virginia 22901 Re: Variance Application VA-90-09 Dear Amelia: As you may know I represent the contract purchaser of some property currently owned by Mr. Percy Lawrence. I am in receipt of a copy of a letter dated April 16 from Mr. Lawrence to yourself requesting that the above-titled application be placed on the docket. Please let me know if any additional action needs to be taken in order for this matter to be heard on the June 12 docket. I appreciate your attention to this matter and remain, Very truly yours, La Elwain LJM:mch pc: Ms. Rose Seddon r,.„ p APR 23 1990 Z( EN Parker, McElwain Jacob8, PC. F B M BANK BUILDING 1425 SEMINOLE TRAIL CHARLOTTESVILLE, VA 22901 PO BOX Li1PG J LARRY J cELWAI PARKER CHARLOTTES VILI E,VA 22906 L RRV J McF_LW AIN ANNIE LEE JACOBS HERBERT L BESKIN (804)973 3331 FREDERICK T HEBLICH,JR FAX(804)973 9363 April 25, 1990 Ms. Amelia M. Patterson Zoning Administrator County of Albemarle Zoning Department County Office Building 401 Ridge McIntire Charlottesville, Virginia 22901 Re: Variance Application VA-90-09 Dear Amelia: As you may know I represent the contract purchaser of some property currently owned by Mr. Percy Lawrence. I am in receipt of a copy of a letter dated April 16 from Mr. Lawrence to yourself requesting that the above-titled application be placed on the docket. Please let me know if any additional action needs to be taken in order for this matter to be heard on the June 12 docket. I appreciate your attention to this matter and remain, Very truly yours, La , Elwain LJM:mch pc: Ms. Rose Seddon iy /rA /q,2OSA SEDD01-) RE J� 1 1 1 G , r ss Md 3� N enQ — -1 FyUS7hN! (,4.4_21- 180/ 75' e pgopoSED . . , - I III I I It i . 1 I I . I, I 1 i I I I 1 I - ' . .... . , , I 1 I I \ I ..._ , ----- \ 1 , C \ -- - ,cd,'"' 1 \,------- ..„,-( t cp- , 1 , -pg.•• .pe-..4,- ..,-,...,, 3 - „I \ r 0,- . , iitoti-t- -, I ‘.„, to I 1 I 1 1 1577*-,; /0k 5 C I 1 I I 1 I i l 1 I , , 1 1 --i-_ Parker, McElwain 65 Jacob, P.C. F&M BANK BUILDING 1425 SEMINOLE TRAIL CHARLOTTESVILLE, VA 22901 J.RANDOLPH PARKER P.O.BOX 6186 LARRY J McELWAIN CHARLOTTESVILLE,VA 22906 ANNIE LEE JACOBS HERBERT L BESKIN (804)973-3331 FREDERICK T HEBLICH,JR FAX(804)973-9393 July 24 , 1990 Clerk Board of Zoning Appeals 401 McIntire Road Charlottesville, Virginia 22901 Re: VA-90-09 Gentlemen: On June 12 the above-titled matter was heard by the Board of Zoning Appeals. My client desires a transcript of the hearing. I will of course be responsible for any cost in producing that transcript. I appreciate your attention to this matter. Very truly yours, La y J. M lwain LJM:mch OV1371711 JUL 26 1990 ALBEMARLE COUNTY ZONING DEPARTMENT fie-..3 • to a II ' D � th • 3 c� O -, 7— p T / �c A NN 7.** * /4 .Z �,4\, 4,7.A 1. m yCI > - .`c� —,1/ co ti 9 % o{ /° " „� 3 J \ -4. ° C, V • ao ay w fog"." H / / ,`V -IS 0 al •9 `;�''go. .D U F .�Q .c 3 It so 2 r- -- '.Dyck/ .4•, ` . -( . r, 5 • all' s n� r H� 43 13 in o f , o b , b a i 1 !D A al e 2, o 2 O 'D , d : • I MARiA Ro5A7 SE DDoA/ 24 AceEs _DRAW/AJ No7" To 5c/FLE / J q S5 ioo' 20/ lk/STiNG vial-, NoME 180/ pRoyosev ® WELL i/0' 70 FREE (Amon/ Rt. 601 j----)--- C . . .-6t-1 t- ., L. /5- r 7 7---- (-- -L,6'4„. 06--et-eie-7--- S)1-1 1 / 11 7 ..4'.-1 ti ALcsEMARLE COUNTY 8 SEE SEE 8-50 :( 2D 4i:ft,b.----•%NV"-4-ltc- y ♦ SEE \' 0^N3 x B-oF \ i\iip.. 129A R1. 671 .. 29 \\1 ®' 52 51 v 26G \ m 31 I/ / 1 , 107 i 109 ) fff 0) 53 \ `\ \" • W. BC .10 . 4, .,\ k\v,‘ li 1. - 61-- S (Mb‘\) X. I OPEN 4,00 � / 41k, SPIKEair f (\ gg ''��✓Elk ` 30 t� o. 'yj 114 �� � u C� \ • • _ r VA-90-09 Mariarose G. Seddon SEE i Tax Ma 17, Parcel 13B //� ` '� 6-3 0 P _ 44. f 1-' . / SEE 0 / 35H 18-66 , `� 62 26E BA - --- - 35 63 26F 1 \ 35K i t4. \.■ �1 / o , 266 35J SU al % X �35G 13B Co 25C7 ' 4 35N 16 70 13 in7 18 25A T s 35L/ P 74 • s> 4ti\ � 35M _`�. 1 4 25B 2581 �f/ (/ �V. 35G 1 1- 25E /\ 15 ) 1 \ / 22B 25. 35G2 \ �_ 16 64 2PI. 16C ' <// 1 zn.. 1 / _� Ise N, V -7 ___ _7 / 39 -11 35F2 IBE lI \-;\ 1 ,*♦ II,i,, i 1• \ IB IBC ♦ �,_ ♦N ill \ / 4'''' ,a ♦ JJJ \ 17C '� e ~ / ® 40 �/ � -��f 22A / 41 35FI ■ • 60 j 6 ♦ zzu V2 ,y. / 4)2_,!=!—_---- % ) e'♦ ■j f- /�t ♦••p I 35o --K---: / • ) 35E p S, ■ 21A r-i``==:_ 1 r•-' .\T 220 I 358� •2 'h zlc�9� 2201 5B1 - k 20 A 1!, '/ 3503 % sO 21G \\ l',sii. ■` 21E 21 2161 \ Pi 3513 ■ \ 3504 667 .0200 ` \ 35C6 3501 \ 16E54■*SE ■` 35C \` 4ffjffl/147////AIL ■ ■ -- �- 00♦ A,il' - ..Il,t-,:1 ,,. i C RE',TAI DITI RIl.1 29 SCALE IN FEET 400 WHITE HALL DISTRICT SECTION 17 .. s Ixoe _ xwo VERBATIM TRANSCRIPT ALBEMARLE COUNTY BOARD OF ZONING APPEALS MEETING HELD ON June 12, 1990 VA-90-09, Mariarose Seddon Those members present were William L. Rennolds, Carl Van Fossen, George W. Bailey, and Max C. Kennedy, Chairman. (Richard Cogan - Absent) Other officials present were Amelia M. Patterson, Zoning Administrator; George St. John, County Attorney; and Sharon Taylor, Recording Secretary. Ms. Patterson: This is variance 90-09 in the name of Percy Lawrence, the owner and Mariarose Seddon as contract purchaser for the proposed two-acre lot, tax map 17, parcel 13B, zoned Rural Areas. It is a total of 4 .75 acres located on the west side of Route 601 approximately 2 . 3 of a mile north of Free Union, just south of Route 667 . The applicant requests relief from Section 10.4 of the Zoning Ordinance, which states under Area and Bulk Regulations - Minimum Frontage internal public or private roads . . . 150 feet" . That is the first variance. The second under "Yards, minimum - front . . . 75 feet" The applicant proposes subdivision into two lots and requests two variances to first, reduce the private road frontage from 150 feet to 50 feet; and to secondly, reduce the front setback from 75 feet, which is a required front setback to 20 feet from an existing house shown in this area, and 48 feet to a proposed house. They are proposing subdivision and you can see here a two-acre lot, and outlined in red the proposed joint access easement. And you can see that it stops at 50 feet in length because there is no need for it to extend beyond the existing house. And this is the front setback discrepancy in the existing house and then this is the proposed new residence location, and then shown in the lighter green part of the septic, primary reserve locations. And then the well I believe on the soil's report would be located at the front. The owner has relied on the value of his land for subdivision. On February 20th, the Board of Zoning Appeals heard this same variance as a request for reduced road frontage for two lots with separate entrances. The request was deferred by the Board until the next month's meeting to consider a redesign of the subdivision VA-90-09 Verbatim Transcript Mariarose Seddon Page 2 using one joint driveway. In the interim, the applicant withdrew and then has reactivated this variance. Well what you see now is that redesign showing one entrance. In the previous report, staff recommended utilizing a shared driveway. And this would reduce the number of entrances and increase sight distance along the curve. Due to the location of the existing house, a variance to reduce the joint driveway, this internal road frontage, is unavoidable. This house is only 50 feet from the edge of State road 601. Existing development and the proposed drainfield and house constrain setbacks from this new joint driveway. It appears that the setback variance is also unavoidable. And we did look at alternative locations for the house and the septic and it just seems limited in terms of topography and soils and so forth. The Board must determine if the owner would be prohibited from the reasonable use of the land, were it not permitted to subdivide. The property is presently improved with a residence. And this is a frequent question before you all. If the Board should find that the owner does not enjoy reasonable use of the property without permitting subdivision, staff recommends approval for cause. First, the applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Second, the applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Third, the applicant has provided evidence that the authorization of the 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. Mr. Kennedy: Amelia, let me ask you about, the park is apparently parks now right along the side of the road for the existing house? Ms. Patterson: That's right. Mr. Kennedy: Will that be changed using the common driveway? Ms. Patterson: Well the intent would be that rather than entering the property as he now does and parking there, that he would enter from this one improved entrance. Mr. Kennedy: That would be an improvement too, rather than parking on the road, but come off the road using a private driveway, using a private driveway. (inaudible) Actually that parking is almost in the road. VA-90-09 Verbatim Transcript Mariarose Seddon Page 3 Ms. Patterson: Right. Yes and no. The reason no is that this area is already fenced off and it is sort of planted with some nice flowers. It is his front yard. It would cut into his front yard. Mr. Kennedy: You can't come inside his fence. Oh, it is his front yard. Ms. Patterson: Right. Mr. Bailey: It seems to me ma'am that where he is asking for the setback from the 75 to the 20 feet, I don't quite understand that. Mr. Kennedy: That's on, look at this plat here. Mr. Van Fossen: The existing house. Mr. Kennedy: You see when he puts, when he puts in a driveway he is creating the problem. He is relieving of a problem, but he creates a problem because then the private driveway is closer to the existing house. It is a trade off really on that. Mr. Rennolds: That's right. Mr. Kennedy: Alright, thank you. Is the applicant here? Mr. Larry McElwain: Gentlemen, my name is Larry McElwain and I represent Ms. Rose Seddon who is the contract purchaser of the property and Mr. Lawrence, the current owner, I believe I have not meet. I am not here to speak on his behalf. I think that it has been laid out fairly directly and sequentially by Mrs. Patterson as to what we are trying to do here. I am not going to be able to speak to the impact on Mr. Lawrence. I am going to defer and let him address that, but the impact obviously on Ms. Seddon is that she is intending and hoping to move to the area from New Jersey. She is a licensed Nurse's Aid and one of the by-products from this will be that she will be constructing a home on the property and will be able to be present to Mr. Lawrence to assist him with any, as his physical abilities limit him. My understanding is that there is only one other house in the area within a half of a mile. And again the intention of Mr. Lawrence here in subdividing his property was to go ahead and have somebody relatively close to his (inaudible) in the event there is a medical emergency something along those lines. The setbacks that have been required have been or that have been projected here have been the result of extensive VA-90-09 Verbatim Transcript Mariarose Seddon Page 4 negotiation with this staff, and we feel that that's the most favorable use of the property, especially given the existing conditions out there. The jest of your denial would be to in essence leave Mr. Lawrence with an acreage that he would not be able to further subdivide even though he has almost 5 acres. And that would provide a hardship for Mr. Lawrence with respect to the income that he's anticipating for the sale of his lot and to assist him in his living expenses. Unless you all have any particular questions, of course we think that the safety issue with respect to the parking is an important one. And we think that the fact that we've got a joint driveway as far as sight lines and again the safety factor coming from the joint driveway as opposed to potentially having separate driveways we think is an important one. And the final fact that I will mention, and I will let Mr. Lawrence amplify it on this. Mr. Lawrence: I can't hear you anyhow. Mr. McElwain: All right, so the final point that I wanted to mention. My understanding is that when the surveyors originally went out there you were under the impression that this part of the, of this property was in fact yours. Mr. Lawrence: It is. Mr. McElwain: Okay. There is, there is a contention Mr. Lawrence. Mr. Lawrence: The only thing where they made a mistake when they drew that it belonged to, before I bought this home and land or that land and the unfinished home. A guy by, bought a quarter of an acre across the road. Mr. McElwain: I think the issue if I can define it for you and I have not been. Mr. Kennedy: Are you talking about that little tiny triangle that has (inaudible) tax map 17-13C? Mr. Lawrence: Yes. Mr. McElwain: That's right and with that. Mr. Lawrence: That's where they made the mistake. Mr. McElwain: He would have had a sufficient amount of road frontage to be able to do this and. VA-90-09 Verbatim Transcript Mariarose Seddon Page 5 Mr. Kennedy: It looks like that is a separate argument. Mr. McElwain: There is a, there is a contention, exactly and I have not the title on the property being just the contract purchaser we wouldn't do that until the, until everything is in order to conduct the sale, but I will let Mr. Lawrence speak to that, but my understanding was that he had anticipated being able to get the subdivision in without any kind of variance because, because he was under the impression that he owned that particular triangular piece of property. Mr. Lawrence: And I do. Mr. McElwain: OK, well again I am going, I am not going to get into that with you all (inaudible) . But if there is any questions that I can be responsive to. (inaudible) Yes, sir. Mr. Rennolds: You say lots. How many, how many lots are going to be in there total when he gets through? Mr. McElwain: Two. Mr. Rennolds: That's all? Mr. McElwain: Yes, sir. Mr. Rennolds: No more future? Mr. McElwain: No, sir, there is no way that we could even come close to meeting any of the requirements, setback requirements or anything else. For further subdivision of the property, this is going to do it. And you are going to leave about a 2 .85 acre parcel as the residue. And that's not on the plat and one thing that you might want to do is to just ask the surveyor to put that on that there, and also to address any further development rights. But I don't, you are not going to be able to get any. This is just a practical matter. Mr. Kennedy: I see on the plat that the old entrance that was approved, but I don't see any note that the new entrance is approved. Is that in process, or has that been approved? Mr. McElwain: I don't know. I am going to have to defer, defer to Amelia on that. VA-90-09 Verbatim Transcript Mariarose Seddon Page 6 Ms. Patterson: I am not certain. I would think that the surveyor had checked with the Highway Department before showing an entrance location on this plat. Mr. Kennedy: You will notice it says VDOT approved. Mr. McElwain: Yes, sir. Ms. Patterson: That's right. Mr. Kennedy: And then over here it doesn't say anything on whether it is approved or not. Ms. Patterson: That's right. Mr. Kennedy: I guess that doesn't matter. Ms. Patterson: That would certainly have to be approved before the Planning Department would sign off on the plat. Mr. Van Fossen: Why can't the house be setback far enough to do away with the setback requirement on the house? Mr. McElwain: You are talking about the new house? Mr. Van Fossen: The new house. Mr. McElwain: You can see it is 75 foot off of the front so we are not having a problem with respect to the setback off of the road. The setback comes from the internal driveway, and again I think it is an impact on the reserve septic field location if we were to back the house up to where we are going to infringe upon the reserve septic field location. Mr. Van Fossen: Couldn't the field and all go back? Is it a severe drop, or slope or something back there? Couldn't it all go back? Mr. McElwain: I don't know the answer to that. Amelia, do you? Mr. Lawrence: A little drop. Mr. Kennedy: A little bit of a drop? Mr. Lawrence: Yes, you know clean back to the end of my line in the back. VA-90-09 Verbatim Transcript Mariarose Seddon Page 7 (Inaudible) Mr. McElwain: Again on that one we are asking for (inaudible) what about a 2, I think it is a 2 foot variance with respect to that one. It is normally 50 feet as opposed to the 48 that we are asking for there. Mr. Kennedy: What is on 17? Ms. Patterson: 75. Mr. Van Fossen: 75 feet. Mr. McElwain: Is it 75 internal? Mr. Van Fossen: Yes. Ms. Patterson: Yes. Mr. McElwain: It is, I am sorry. I, I checked and that is exactly right, and I don't know. I haven't been out the site. Mr. Van Fossen: It just looks like it would be a cleaner subdivision if there were no, there were less variances on it and all, and if the house was setting back to comply with that one, then it would be one less variance required. Mr. McElwain: Yes, I can't answer that question sir. I don't know the answer to that. Ms. Patterson: Mr. Van Fossen, it slopes down which it doesn't really show clearly on this plat. And to the rear of the property there is a stream, but it is not an extreme slope but it is a slope and then once you get close to the stream you start having some soils that make it difficult for your septic. Mr. McElwain: There is a creek that is shown I think up at the top of the left there. That is probably what we are talking about. Mr. Kennedy: For anybody, Mr. Lawrence, what is next door to your lot? That's tax parcel 17-13 on this plat? Mr. Lawrence: Mr. Bailey owns the lower part of the land and I don't know who owns this land. VA-90-09 Verbatim Transcript Mariarose Seddon Page 8 Mr. Kennedy: Is there anything built on it? Mr. Lawrence: Do you own that? Mr. Bailey: No. Mr. Kennedy: Is it a little (inaudible) field? Mr. The, : There is a little home there below me, yes. Then, well frankly there are two homes in there. It all belongs to. Mr. Kennedy: How far are they off the road? The same as the existing house for you? Mr. Lawrence: Just a, his bigger, the larger home where he rents is about the same as mine. Now the smaller home in between us too, is set back a little further, yes. Now speaking of these driveways it wasn't mentioned at this first hearing and I don't know why, but above my home I've got a driveway that goes right down in my home. Above my home now we are looking this way with a double gate. I have been parking in the front of my home which I am 7 1/2 feet from the hard surface when I park in my driveway. It has been there 32 years. I have been parking there. But now if I want to I can go down in my yard anytime. What do I want with another one below me. I don't have but one car, one car. Now I can put my car in my yard above my home anytime I want to. I don't need one below my home to satisfy somebody else. And I have never had any trouble since I have been there 32 years because I am 7 feet from the hard surface. Which I own half of it, I am paying taxes on half of the highway anyhow. Mr. Kennedy: I see you are. Mr. Lawrence: Yes, right. But I wanted to explain that because I don't think it was explained before. But I don't need anymore driveways. Mr. Kennedy: Well I would think Mr. Lawrence: If it is a driveway and you grant it to her, then the driveway is going to have to go in on her land not mine. Mr. Kennedy: Uh oh, we have got a problem here because it shows the driveway going down the middle, more than that. Mr. Bailey: You don't want it on your land? VA-90-09 Verbatim Transcript Mariarose Seddon Page 9 Mr. Lawrence: No, sir. I don't need it Mr. Bailey. Mr. Kennedy: Well what, what I guess you are saying you are going to continue to park where you are parking. The right-of-way will be there and you are not going to use it. But you will use her half. Mr. Lawrence: No, I am not going to use her half. Mr. Kennedy: You will be using her half. Mr. Bailey: This driveway here. (Inaudible) Mr. Lawrence: I am not turning it down but I can't see why I should paying for a driveway, another driveway. (Inaudible) Mr. Kennedy: The right will be there, the mutual right, he is just not going to use his part. Mr. Lawrence: That's right, right. Yes, sir. Mr. Bailey: But you don't want this driveway to come over on your property? Mr. Lawrence: No, sir. I want it on her property. Mr. Rennolds: Well its, you've got a reason. You better go back to the drawing board from what I see. Mr. Bailey: They've got it drawn partly on you. Mr. Rennolds: How about it Mr. McElwain? Mr. McElwain: Yes, well as a practical matter yes, he has the right whether he wants to use it or not, I mean it is entirely up to him and it has got to be approved I think this way because you are going to have to show access to both parcels and right now I don't think we can (inaudible) . Mr. Rennolds: But we can only approve. Mr. McElwain: the existing parking area. VA-90-09 Verbatim Transcript Mariarose Seddon Page 10 Mr. Rennolds: If they approve it at, then they only approve what they are asking for. Mr. McElwain: That's right. Mr. Rennolds: So it is not our problem. Again it is not our problem. Mr. Kennedy: Yes. Mr. McElwain: I agree with that and I (inaudible) Mr. Kennedy: Mr. Lawrence, another thing you have to. Mr. McElwain: Think what we are asking for is exactly what's (inaudible) . Mr. Kennedy: Think is way down the road two or three more generations there might be somebody that you will sell your property to the existing house to later on and they will want to use that driveway. Mr. Van Fossen: Yes. Mr. McElwain: Exactly. Mr. Kennedy: Then she would have a right to use hers and. Mr. Lawrence: Yes, but what I'm. Mr. Kennedy: And her children have to right to use it. Mr. Lawrence: I don't, well I am not contesting that the this driveway going in for her benefit because she is welcomed to put it in. If she, if you people grant this land to her, I am talking about I don't need another driveway. Mr. Kennedy: I've got you. Mr. Lawrence: Or a partial driveway. I've already got 2 . One above my home with a double gate and the front of home, and I have been in there for 32 years and I have never had anybody to fuss about it. Even the state highway man said you are plenty far off the highway. VA-90-09 Verbatim Transcript Mariarose Seddon Page 11 Mr. Kennedy: Well thank you, I think I understand. Mr. Lawrence: Yes, sir. Mr. Rennolds: If you get that joint driveway, the highway department could change their mind a little bit. They sometimes do. Mr. Lawrence: They do. I agree with you. Mr. Kennedy: All right, thank you. Is there anybody else here to speak for this application? Is there anybody against the application? Public hearing is closed. Mr. Bailey: Mr. Chairman, I am very familiar with this property. I worked up that way for years and I know exactly where Mr. Lawrence's house is and I know where the driveway he is talking about there. We are just adding another driveway. He is not going to use that driveway. And I, it is on a curve coming down through there and it is on a grade coming to Charlottesville. We are just putting in another driveway there right next to the driveway he is using and will continue to use and I think it is going to be a real danger for people that are driving on 601 to put another driveway in there. I just don't think it is a hardship and he is telling us that he doesn't like that idea of putting that driveway right there on his property and I just think it is wrong for us to approve something like. Mr. Kennedy: Well. Mr. Van Fossen: Well what it is this is. Mr. Kennedy: He explained that he is not going to use it. Mr. Van Fossen: Well, Mr. Bailey what it is this is a variance request backed up from the second time. They came in here and they wanted the division but they wanted the driveway further down here to serve that lot, and we denied it at that time saying that the Highway Department would not approve it for an additional driveway for another lot. So at time we asked him to go back and redesign this and that is why they have come back now with a joint driveway for both lots. That is why it is back here now that way. Mr. Bailey: But he says he doesn't want, he doesn't VA-90-09 Verbatim Transcript Mariarose Seddone Page 12 Mr. Van Fossen: But he wants to divide his land there. Mr. Bailey: He doesn't want that driveway on his lot. Mr. Van Fossen: But he wants to subdivide his land and the only way he can subdivide his land is to have that joint driveway. Mr. Bailey: I am not sure he wants to subdivide it if he doesn't want it (inaudible) . Mr. Lawrence: I am not going to subdivide. Frankly, at my age I don't need another place. Mr. Van Fossen: No, what I mean is that you want to divide this lot off, don't you? Mr. Lawrence: I want her to have her two acres if you know you pass it. Mr. Van Fossen: Well you see the only condition is that the Highway Department has got to approve an entrance to that lot. Mr. Lawrence: Well now how about the, how about the driveway at the end of my line where she is bounded with a double-gate there is a beautiful entrance to it level and everything because I go in there with my tractor you know to cut the grass. All of this is clear where she is putting her home. Mrs. Seddon: And may I add please gentlemen where the highway came down to find out where the driveway was going to be if it could be, his suggestion was facing the lot at the left hand side of it he measured and he said you've got plenty of clearance here, you have plenty of clearance there, this would be because that was my suggestion on where I would have liked the driveway. And that is the report that he should have brought forth, but that was how it was left to me in reference to the driveway until we came and that suggestion was to make it up in between. Mr. Kennedy: The plat says that the Highway Department approved that entrance and that was why I asked that. Mr. Bailey: That is what I say. Mr. Kennedy: I assume they've approved the joint entrance, too. (Inaudible) Mr. Rennolds: Mr. Lawrence? Can I ask Mr. Lawrence a question? VA-90-09 Verbatim Transcript Mariarose Seddon Page 14 Mr. Lawrence: Yes, sir. Mr. Kennedy: That's all. Yes. Mr. Lawrence: Well you ask me anything and I will try to tell sir, truthfully. Mr. Bailey: I can't see where the Highway Department has even approved that driveway that they've got proposed as a joint driveway up there. Mr. Van Fossen: That staff report says on February 20th, 1990 the Board of Zoning Appeals heard VA-90-9 as a request for the reduced road frontage for two lots with separate entrances. The request was deferred by the Board of Zoning Appeals to the next monthly meeting to consider a redesign of the subdivision using one joint driveway. In the interim the applicant withdrew and then reactivated this variance. And so that is why it is back before us again. We deferred it, and then they withdrew it. (Inaudible) Mr. Kennedy: The problem is that it is not, there is enough frontage now or it is nonconforming. If you split it into two lots and then you don't have enough frontage I guess for either lot. So they say rather than have parking over here and a driveway here for the present use could go on but for posterity there be a joint driveway. Because these lots will exist forever. Mr. Bailey: I think it would be a bad place. Mr. Kennedy: So that wasn't, maybe if you think it is a bad, bad plan maybe will ought to forget it. (Inaudible) Mr. Van Fossen: Why don't we postpone this again and let them work it out to, to everyone's satisfaction. Mr. Lawrence: It is a dangerous (inaudible) there, because I have been there for 13 years and I have been looking for (inaudible) . Mr. Kennedy: Well that is up to the Board. (Inaudible) Mr. Kennedy: Just bring it back to the fundamentals of what you are really talking about is the facts (inaudible) frontage. VA-90-09 Verbatim Transcript Mariarose Seddon Page 15 Mr. Bailey: You just don't have enough frontage there for him to put another driveway in is the way that I look at it. Mr. Kennedy: But you have got a problem there you have an existing house and you've got a nice parcel of two acres on the other side. Mr. Bailey: How much acreage does he have? Mr. Kennedy: Occasionally when we have an existing house this Board has been a parcel on the other side in a particular case where there are elements of hardship, we have approved this subdivision for less in the frontage. (Inaudible) Mr. Rennolds: We don't have authority, we don't have authority to approve a subdivision anyway. Mr. Bailey: I make a motion that we deny the request. Mr. Rennolds: Is the public, is the meeting closed? Mr. Bailey: You closed it, didn't you, to the public? Mr. Kennedy: I think that I did, I can't remember. Well, anyway the public hearing is closed and the matter is before the Board. (Inaudible) Mr. Bailey: I make a motion to deny the request. Mr. Rennolds: I'll second it. Mr. Kennedy: All right, it has been moved and seconded that the application be denied. All in favor, call role. (Inaudible) Ms. Seddon: (Inaudible) Thank you gentlemen. Mr. Kennedy: Do you want to vote. Call role. Ms. Taylor: Mr. Rennolds? Mr. Rennolds: Aye. VA-90-09 Verbatim Transcript Mariarose Seddon Page 16 Ms. Taylor: Mr. Bailey? Mr. Bailey: Aye. Ms. Taylor: Mr. Van Fossen? Mr. Van Fossen: I was prepared to vote for this until I see that there is disagreement amongst the petitioners here and all and if you know if the petitioners doesn't want to do it I can't say that I can vote to do it too. So I will have to vote no also. Ms. Taylor: Mr. Kennedy? Mr. Kennedy: I vote aye because the application before me looks like it is similar to something that we have done before. So it is denied 3 to 1. (Inaudible) Mr. St. John: Wait a minute if you vote aye you are voting to deny it. Mr. Kennedy: Wait a minute I will vote no then. I am sorry. It was a negative motion, right? Mr. Van Fossen: Yes. (Inaudible) Mr. St. John: To deny it. (Inaudible) Mr. Kennedy: I am voting no. Mr. St. John: Do you got that? (inaudible) . Does the clerk have this now? Ms. Taylor: Yes. Mr. Kennedy: 3 to 1. Mr. St. John: It would take 3 affirmative votes to pass it anyway. I mean if you tied on this. VA-90-09 Verbatim Transcript Mariarose Seddon Page 17 Mr. Kennedy: It passes the denial 3 to 1. Mr. St. John: So it is denied. Mr. Kennedy: It was has been denied 3 to 1. O.K. Sometimes when you get it on the negative side you get a little confused with it. Mr. Lawrence: Thank you, gentlemen. I know I will be cussed out now but it will be all right I can stand it. d`al ilill (`OIJNT' ' OF A!-iW7v1. \k1 ,,It of co, , . it lllc k(40 ('h,n'. ")(I i 1, August 23 , 1990 Larry J. McElwain c/o Parker, McElwain and Jacobs, P.C. P. 0. Box 6186 Charlottesville, VA 22906 Re: VA-90-09 Mariarose Seddon Transcript. Tax Map 17 , Parcel 13B Dear Mr. McElwain: As per your request please find enclosed the verbatim transcript for VA-90-09 for Mariarose Seddon. Please remit $1 . 70 to cover the xerox costs. If you have any questions, please call. Sincerely, Yi40 Sharon Taylor Zoning Secretary st/ . IL EVALUATION ATION . _;\; DATE : ff,, �! ri r ..! r T Y Department U f'7 E : �-G-r:� t'1L rrC= r!-'�!'.j._�. i�..�h`i 1 ? Health Applicant , NS . MARIARID H eEDDON Tel No , . 3-2722 .� _ C -e n.. 1 E; r l i 5 > l N 7 n l!n .} Adures� . L;'!_ '�)r7E�. Il{_ �r�U�.E � . r'C�I E'�:X _" FREE _,�i��IJ. ,:ri �.?'?4'." Location : ON RT . 601 BETWEEN CROSSROADS AND FREE UNION Uin SUGdi'-/ 3 on : N/A Block/erection , Lot :None : N Depth - j :. l 01- �' --._1 ._-__ to is ., ., i�Ilr ter.`�;`i UU_ _ � (�d i a • -_.. -_ i�UiiE' . _X_ Depth to seasonal ,..tater tableNo : - h;_ /es : ___ in'chec Free water r r enen:. 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