Loading...
HomeMy WebLinkAboutVA199000016 Action Letter 1990-03-16 • y1P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296.5875 March 16, 1990 Ricky James Reece Rt 1, Box 120 Earlysville, VA 22936 Re: Board of Zoning Appeals Action VA-90-16, Tax Map 19, Parcel 40F Dear Sir: 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-90-16. This variance approval allows a proposed addition to a single-family dewelling, and an exiting deck to remain as located, 39 feet from the front property line, a variance of 36 feet. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/rp cc: VA-90-16 Inspections Department STAFF REPORT - VA-90-16 Staff Person: Kathy Dodson Public Hearing: March 13 , 1990 OWNER/APPLICANT: Ricky James Reece TAX MAP/PARCEL: 19/40F ZONING: RA, Rural Areas ACREAGE: 3 . 0 Acres LOCATION: West side of Rt. 817 , approximately . 05 mile northwest of the intersection of Rt. 816 and Rt. 604 REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance. This section states: "10.4 Area and Bulk Regulations Yards Minimum: Front . . . 75 feet" The applicant request a front setback of 39 feet, a variance of 36 feet to allow a proposed addition to a single family dwelling and to allow an existing deck to remain as built. The applicant's justification includes: (1) The applicant was unaware that the deck addition required a building permit. When he learned of the requirement, he made application and was informed of the setback violation. (2) The house was built in the early 1900's and is only 39 feet from the front property line. The proposed addition and existing deck will not be any closer to the front property line than the existing dwelling. RECOMMENDATION: The house was built prior to the adoption of the zoning ordinance. Section 6.5 of the current ordinance requires that any non- conforming lot meet current ordinance requirements. Because of the location of the existing dwelling and a well to the rear of the property, there is virtually no area for expansion which would not necessitate a variance. It is staff's opinion that the applicant does possess undue hardship that is not shared generally and is not of substantial detriment. The existing deck and proposed addition would not substantially impact the district as it will not extend any closer than the existing dwelling. Staff Report - VA-90-16 (Reece) 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 deteriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF REPORT - VA-90-16 Staff Person: Kathy Dodson Public Hearing: March 13 , 1990 OWNER/APPLICANT: Ricky James Reece TAX MAP/PARCEL: 19/40F ZONING: RA, Rural Areas ACREAGE: 3 . 0 Acres LOCATION: West side of Rt. 817, approximately . 05 mile northwest of the intersection of Rt. 816 and Rt. 604 REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance. This section states: "10.4 Area and Bulk Regulations Yards Minimum: Front . . . 75 feet" The applicant request a front setback of 39 feet, a variance of 36 feet to allow a proposed addition to a single family dwelling and to allow an existing deck to remain as built. The applicant's justification includes: (1) The applicant was unaware that the deck addition required a building permit. When he learned of the requirement, he made application and was informed of the setback violation. (2) The house was built in the early 1900's and is only 39 feet from the front property line. The proposed addition and existing deck will not be any closer to the front property line than the existing dwelling. RECOMMENDATION: The house was built prior to the adoption of the zoning ordinance. Section 6.5 of the current ordinance requires that any non- conforming lot meet current ordinance requirements. Because of the location of the existing dwelling and a well to the rear of the property, there is virtually no area for expansion which would not necessitate a variance. It is staff's opinion that the applicant does possess undue hardship that is not shared generally and is not of substantial detriment. The existing deck and proposed addition would not substantially impact the district as it will not extend any closer than the existing dwelling. Staff Report - VA-90-16 (Reece) 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 deteriment to adjacent property and that the character of the district will not be changed by the granting of the variance.