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HomeMy WebLinkAboutVA199000040 Action Letter 1990-05-29 / ( 1 )\ .;'; ; Ii\,;TY 01 At ELMAki j. 1()1 CH oh May 29 , 1990 A. Ward and Sallie T. Sims 9!2;5 Old Garth Road Charlottesville, VA 22901 RE: Board of Zoning Appeals Actien VA-90-40, Tax Map 60 , Parcel 4D2 Dear Mr. Sims: This letter is to inform you that on May 24 , 190, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-40 . This variance approval allows relief from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the side yard from 25 foot to 10 lout tor a proposed buil(.1ing addition, variance of 15 feet. if you have any ost please contact our office. `-; incercly, Amelia M. Patterson Zoning Administrator AMP/srp cc: VA-90-40 STAFF PERSG- : John Grady PUBLIC HEARING: May 24 , 1990 SPECIAL MEETING STAFF REPORT - VA-90-40 OWNER/APPLICANT: Ward and Sallie Sims TAX MAP/PARCEL: 60/4D2 ZONING: RA, Rural Areas ACREAGE: 2 . 0 acres LOCATION: Located on the east side of Route 601 (21 curves) approximately . 8 of a mile south of the Route 601 and Route 654 intersection. REQUEST: The applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: "10. 4 Area and Bulk Regulations Yards Minimum: Side. . . 25 feet" 15- The applicant requests a variance of . 8 feet in order to reduce the side yard setback from 25 feet to . feet for a proposed building addition. 10 The applicants' justification includes the following: 1 . In 1963 the house was located in its present location to accom- modate septic tank, drainfield area, driveway, and future addi- tions. 2 . The County Zoning Ordinance had not be adopted when this house was built and the only setback requirements were imposed by the One and Two Family Building Code, which were 5 feet sides and rear. 3 . In 1969 the property was zoned R-1 and the setback requirements at that time was 10 feet from side yards. This would have allowed for an addition to the south side of the house. 4 . The south side of the house is the most practical location to use for the dining room addition to best match up to the existing kitchen area. Staff Report - VA-90-40 Page 2 5. There is no opposition from either adjacent property owner regarding this request. RECOMMENDATION Staff concurs with the applicant that under the old R-1 zoning an addition would have been allowed on the south side of the house. However, a 2 foot variance would still have been required at that time for an addition to be 8 feet from side yard. Staff also agrees that from a practical point it is common practice to build dining areas adjacent to the existing kitchen. Had the applicant chosen to use the area to the rear of the house and adjacent to the kitchen area this would have also required a variance form the side yard. The area to the rear would have also involved a good deal of excavation work. It does not appear that authorization of this would be of a detriment to adjacent property nor should it change the character of the district. However, the applicant has not addressed criteria items #1 and #2 listed below and therefore should be denied for cause. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. STAFF PERSON: John Grady PUBLIC HEAPING: May 24 , 1990 SPECIAL MEETING STAFF REPORT - VAe90-40 OWNER/APPLICANT: Ward and Sallie Sims TAX MAP/PARCEL: 60/4D2 ZONING: PA, Rural Areas ACREAGE: 2 . 0 acres LOCATION: Located on the east side of Route 601 (21 curves) approximately . 8 of a mile south of the Route 601 and Route 654 intersection. REQUEST: The applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: "10. 4 Area and Bulk Regulations Yards Minimum: Side. . . 25 feet" The applicant requests a variance of 18 feet in order to reduce the side yard setback from 25 feet to 7 feet for a proposed building addition. The applicants' justification includes the following: 1. In 1968 the house was located in its present location to accom- modate septic tank, drainfield area, driveway, and future addi- tions. 2 . The County Zoning Ordinance had not be adopted when this house was built and the only setback requirements were imposed by the One and Two Family Building Code, which were 5 feet sides and rear. 3 . In 1969 the property was zoned R-1 and the setback requirements at that time was 10 feet from side yards. This would have allowed for an addition to the south side of the house. 4 . The south side of the house is the most practical location to use for the dining room addition to best match up to the existing kitchen area. Staff Report - VA-90-40 Page 2 5. There is no opposition from either adjacent property owner regarding this request. RECOMMENDATION Staff concurs with the applicant that under the old R-1 zoning an addition would have been allowed on the south side of the house. However, a 2 foot variance would still have been required at that time for an addition to be 8 feet from side yard. Staff also agrees that from a practical point it is common practice to build dining areas adjacent to the existing kitchen. Had the applicant chosen to use the area to the rear of the house and adjacent to the kitchen area this would have also required a variance form the side yard. The area to the rear would have also involved a good deal of excavation work. It does not appear that authorization of this would be of a detriment to adjacent property nor should it change the character of the district. However, the applicant has not addressed criteria items #1 and #2 listed below and therefore should be denied for cause. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity.