HomeMy WebLinkAboutVA199000040 Action Letter 1990-05-29 /
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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.