HomeMy WebLinkAboutVA199000010 Action Letter 1990-02-26 `_o' AI.iu,(.
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
February 26, 1990
Ivy Creek, Inc.
c/o Christopher Halstead
414 East Market Street
Charlottesville, VA 22906
Re: Board of Zoning Appeals Action
VA-90-10, Tax Map 59, Parcel 59A
Dear Mr. Halstead:
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-90-10.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to allow a gate house to be
located 0 feet from a right-of-way, a variance of 75 feet; and 0
feet from a property line, a variance of 75 feet.
If you have any questions, please contact our office.
Sincerely,
�1 �.n1.P�I�4-ec•�
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-10
Inspections Department
STAFF PERSON: KATHY B. DODSON
PUBLIC HEARING: February 20, 1990
STAFF REPORT - VA-90-10
OWNER/APPLICANT: Ivy Creek Limited Partnership/Ivy Creek, Inc.
TAX MAP/PARCEL: 59/59A
ZONING: RA, Rural Areas
ACREAGE: 97 .978 acres
LOCATION: East side of Broomley Road, +/- .1 mile north
of its intersection with Rt. 677 at the
entrance of Ivy Creek Subdivision
REQUEST:
The applicant seeks a variance from Section 10.4 of the Albemarle
County Zoning Ordinance to allow a gate house to be located
0 feet from a right-of-way, a variance of 75 feet; and 0 feet
from a property line, a variance of 75 feet.
This section states:
"10. 4 Areas and Bulk Regulations . . .
. . . Yards, minimum:
Front 75 feet . . . "
The applicant desires to construct a gate house to be located
approximately on the edge of a right-of-way known as Broomley
Road, which is proposed to be be relocated. This is shown on
approved road plans which are on file in the Department of
Engineering.
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:
On Feburary 9, 1988, the Albemarle County Board of Zoning Appeals
granted a variance from Section 19.9 of the Albemarle County
Zoning Ordinance to reduce the required front setback from
75 feet to 0 feet to allow construction of a gate house on
adjacent property, Tax Map 59A1, Parcel A-l. This approval
was subject to approval of the Planning Commission and Board of
Supervisors as a result of the PRD, Planned Residential Develop-
ment zoning.
Because of the realignment of Broomley Road, the gate house
will actually be on a different parcel (59-59A) , zoned RA, Rural
Areas, and therefore, requires a new variance. The gate house
could be located so as to meet setbacks, however, the purpose of
a gate house mandates that the structure be located as close
to the road as possible. The zoning ordinance does not anticipate
this setback need.
Staff Report - VA-90-10
Ivy Creek, Inc.
Page 2
RECOMMENDATION:
In staff's opinion, there is no unique or distinguishing feature
of this variance compared to the prior request. Therefore, staff
again recommends that the application be denied for cause:
1. The applicant has not provided evidence that a strict
application of the ordinance would produce a clearly
demonstrable hardship approaching confiscation as
distinguished from a special privilege or convenience.
2 . The applicant has not demonstrated that the perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district and
general vicinity.
3 . The applicant has not demonstrated that the authorization
of the variance will not be of substantial detriment to
the adjacent properties or that the character of the
district will not be altered.