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Home My WebLink AboutVA199000033 Action Letter 1990-05-16COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 16,1990 David W. and Martha J. Carr P. O. Box 5085 Charlottesville, VA 22905 RE: Board of Zoning Appeals Action VA-90-331 Tax Map 44, Parcel 27 Dear Mr. and Mrs. Carr: This letter is to inform you that on May meeting of the Albemarle County Board of Zonin99A' during the unanimously approved your request for VA-90-33g PPeals, the Board This variance approval allows relief from Section 10.3.1 of Albemarle County Zoning Ordinance to increase the agthe acreage limitation from 31 acres to 44.2 acres, for familye subdivision utilizing 5 development rights. If you have any questions, Sincerely, ch-Nt tu ' y I' Pat, Amelia M. PatteL� Patterson Zoning Administrator AMP/ s rp cc: VA-90-33 Planning Dept. Please contact our office. STAFF REPORT: Amelia Patterson PUBLIC HEARING: May 15, 1990 STAFF REPORT - VA-90-33 OWNER/APPLICANT: David W. and Martha J. Carr TAX MAP/PARCEL: 44/27 ZONING: RA, Rural Areas ACREAGE: 86.133 acres LOCATION: At the end of Route 658 past Barracks Farm, on the south side of Slaughterpen Creek. REQUEST: The applicant requests relief from Section 10.3.1 of the Albemarle County Zoning Ordinance, which states: 1110.3.1 Conventional Development ...provided that the aggregate acreage devoted to such lots or development shall not exceed thirty-one (31) acres..." (See attached sheet for the complete section.) The applicant proposes Family Subdivision into 5 lots utilizing development rights and totalling 44.2 aggregate acres. In addition, two (2) lots of 21 acres will be created. The applicant obtained County approval of this plat in July, 1989 and neglected to record it within the required six (6) months of approval, causing the approval to lapse. In the meantime, Section 10.3.1 of the Zoning Ordinance was amended in November, 1989 imposing a 31 acre limitation. The applicant has six children and intends to convey one lot to each, with the seventh lot being conveyed to his wife. RECOMMENDATION• This is the first variance request from this development right acreage limitation. This limitation was part of a major amendment to the Rural Areas district, initiated in response to recently adopted Comprehensive Plan goals. Planning staff has commented: "This plat was approved for recordation as a family division prior to current Rural Area regulation regarding division of land but the plat was not recorded in a timely fashion, expired, and is therefore subject to current RA regulation. In formulating the current RA regulations, we discussed at staff level, that while State law provides special consideration for "family division" under subdivision regulation as opposed to zoning regulation, "family division" may warrant additional leniency when confronted with current RA regulation (i.e. - not more that 31 acres devoted to small lots). The "family division" plat recently submitted by the applicant is identical to the previously approved plat and, therefore, should not be deemed as any type of subterfuge to the new RA regulations. Therefore, the Planning staff has no objection whatsoever to the requested variance." Staff recommends approval for cause: 1. The applicant has provided evidence that the strict appli- cation 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 substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance 10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11-8-89) Regulations in section 10.5 governing development by right shall apply to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance; provided that the aggregate acreage devoted to such lots or development shall not exceed thirty-one (31) acres, except in such case where this aggregate acreage limitation is precluded by other provisions of this ordi- l.ance. Nor shall such aggregate acreage limitation preclude exercise of division rights in such case where division rights have been allocated by division of land since adop- tion of this ordinance but prior to the effective date of this provision in such manner as to preclude compliance with this provision; provided that, where possible, the residue acreage following exhaustion of division rights shall be twenty-one (21) acres or more. (Amended 11-8-89) 10.3.2 In addition to the foregoing, there shall be permitted by right any division of land into parcels each of which shall be twenty-one (21) acres or more in area. No such parcel shall be included in determining the number of parcels which may be created by right pursuant to section 10.3..1;.provided that (a) no such division shall affect the number of parcel:: which may be divided pursuant to section 10.3.1; (b) there may be located not more than one (1) dwelling unit on any parcel created pursuant to this section; (c) at the time of any such division, the owner of the parcel so divided shall designate the number of parcels into which each parcel so divided may be further divided pursuant to section 10.3.1; and (d) no such division shall increase the number of parcels which may be -created pursuant to section 10.3.1. 10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11-8-89) 10.3.3.1 DEFINITIONS (Added 11-8-89) The following definitions shall apply to any rural preserve tion development created under the provision of section 10.0, rural areas district, RA: a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or ocher per- mitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. -92- (Supp. #511 11-8-89)