HomeMy WebLinkAboutVA199000013 Action Letter 1990-04-14 Oti
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 14, 1990
Nationwide Homes
2300 Hunters Way
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-90-13 , Tax Map 128, Parcel 96B
Dear Sirs:
This letter is to inform you that on March 13 , 1990, during
the meeting of the Albemarle County Board of Zoning Appeals, the
Board unanimously approved your request for VA-90-13 .
This variance approval allows relief from Section 30. 5. 6 . 2 . 1 of
the Albemarle County Zoning Ordinance to allow a single-family
dwelling to be located 75 feet from the front property line, a
variance of 75 feet.
If you have any questions, please contact our office.
(4A4.6
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-13
Inspections Department
Debra Feggans
STAFF REPORT - VA-90-13 Staff Person: Kathy Dodson
Public Hearing: March 13 , 1990
Owner/Applicant: Emanuel or Mary Carey/Debra L. Feggans
Tax Map/Parcel: 128/96B
Acreage: 2 . 0799 Acres
Zoning: RA, Rural Areas
Location: North side of Route 6, approximately . 5 mile
east of the intersection of Rt. 6 and Rt. 627
REQUEST:
The applicant seeks a variance from Section 30.5. 6.2 . 1 of the
Albemarle County Zoning Ordinance. This section states:
"No buildings or structures other than permitted under Section
4 . 11, except as hereafter provided in the case of certain signs,
shall be permitted within any SA highways overlay district. "
The applicant requests a front setback of 75 feet to construct a
single family dwelling, a variance of 75 feet.
The applicant's justification includes:
(1) The proposed building site on the west side of the
property only has a lot width of 167 . 04 feet. A
front setback requirement of 150 feet and a rear
setback of 35 feet does not allow any area to
construct a dwelling.
(2) The center of the property has a large gulley which
is not buildable.
(3) The only possible location of the septic area, located by
Bill Craun of the Health Department, is on the east side
of the property.
Based on the above, the proposed building site is the only
buildable area on the property.
RECOMMENDATION:
This parcel was created prior to the adoption of the SA Overlay
District. The proposed dwelling could meet the required setbacks
of the underlying district (RA, Rural Areas) .
It is staff's opinion that the applicant does possess undue
hardship that is not shared generally by other properties in
the same area because of the topography (high water table) and the
shallowness of the lot with regards to the required setbacks.
Staff concurs that the house is proposed in the most logical
building site.
Staff Report - VA-90-13
Emanuel or Mary Carey/Debra L. Feggans
Page 2
The application should be approved 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.