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Home My WebLink AboutVA199000042 Action Letter 1990-06-20 of ALL, 19 -ItAir, e- COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 20, 1990 John C. Shifflett P. 0. Box 296 Earlysville, VA 22936 RE: Board of Zoning Appeals Action VA-90-42 , Tax Map 21, Parcel 13C Dear Mr. Smith: This letter is to inform you that on June 19, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for deferral for one month or July 10, 1990. If you have any questions, please contact our office. Sincerely, COS X , pj Amelia M. Patterson Zoning Administrator AMP/srp cc: VA-90-42 Alj3LNIA[ 1.1. I)(1, /01W1 101 k(;od OH Lh V!11!0J 22()01 5;;75 August 15, 1990 John C. Shifflett P. O. Box 296 arlysville, VA 22936 'RE: Board of Zoning Appeals Action VA-90-42 , Tax Map 21, Parcel I3C Dear Mr. Shifflett : This letter is to inform you that on August 14 , 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board urcolimously approved your request for VA-90-42 . The variance approval allows relief from Sections 10 . 4 and 4 . 1 . 6 of the Albemarle County Zoning Ordinance to reuce a) the setbacks for a house from a private road from 75 feet to 24 feet and b) the reserve septic area from 100 to 85% . Please note that according to Section 35. 0 of the Zoning Ordinance, the applicant is responsible for paying any expenses incurred by the County during the processing of the application. Therefore, you are required to reimburse the County for $25 . 54 . Make your check payable to the County of Albemarle and submit payment to the Zoning Department. The attached invoice shows a : t of expenses. If you have any questions, please contact our office. Sincerely, ( Amelia M. Patterson Zoning Administrator AMP/sr:: cc: VA-90-42 Staff Person: Amelia M. Patterson Public Hearing: July 10, 1990 STAFF REPORT - VA-90-42 APPLICANT: John C. Shifflett TAX MAP/PARCEL: 21/13C ACREAGE: 27. 576 acres ZONING: RA, Rural Areas LOCATION: On a private road off the west side of Route 606 across from the General Electric Plant, at Piney Mountain REQUEST: The applicant requests two variances and seeks relief from Sections 10.4 and 4 . 1. 6 of the Albemarle County Zoning Ordinance. This section states: 1) "10.4 AREA AND BULK REGULATIONS Yards, minimum . . . Front . . . 75 feet. " 2) "4 . 1 AREA AND HEALTH REGULATIONS RELATED TO UTILITIES . . . 4 . 1. 6 For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. The applicant intends to give his son a 5 acre lot, and allow him to rebuild where a house was destroyed by fire. The house was originally built in 1963 and burned in September, 1988. The stone foundation and steps remain. The applicant seeks variances to reduce a) the setback from a private road from 75 feet to 24 feet, and to reduce b) the reserve septic area from 100% to 85%. A total of three (3) lots will be created for family divisions from this and adjacent parcel 12C. Two lots will be given to daughters from adjacent 32 acre parcel 12C. Due to septic field constraints, two is the maximum available from that land. Page 2 Staff Report VA-90-42 John C. Shifflett The applicant's justification includes: 1) This is a logical house site, to use what currently remains. 2) This house site will preserve as much residue in forestry as possible. 3) Road setback - The road at this point only serves Rivanna Water & Sewer Authority's water tank and AT&T's towers. 4) Septic reserve - Because this is a mountain, soils adequate for septic are limited. Other options for lots were pursued and failed. RECOMMENDATION: Staff would agree that in many cases, it is most practical to rebuild, rather than to begin a new house site. Staff would comment however, that in this case rebuilding involves incomplete septic reserve and some difficult topography. The house is built on critical slopes on a sloping slab of exposed rock. There is no apparent area for parking beside the house. The foundation itself is for a first floor of somewhat limited area. Due to the topography, suitable slopes and soils for house and septic area appear limited. It does appear that there is some area, such as in place of or beside the workshop. Confirmation with soils tests would be necessary. We are supportive of family estate planning that allows land to be passed on through generations. In this case we question if a) the land is too marginal for this many home sites or b) if there are alternate locations available that would meet requirements. 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; 3 . The applicant has not 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. • g llF AI Ji!'1 jo" k t Vr' COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 Bruce Shifflett P. 0. Box 6581 Charlottesville, VA 22906 RE: Variance 90-42 John C. Shifflett - Reduction of Building Site For Your Proposed Lot Dear Mr. Shifflett: I haven't yet reached you by telephone on this matter, but left a message with your wife. This is to clarify our opinion on the advisable way to proceed. It is to request a second variance to include the reduction in building site. This would involve the same fee and procedure as the first, although it is more straightfoward, and really only amends the previous variance approval. In order to process this new variance, we need the following: 1) $65. 00 fee (*Note the fee may increase in 1992) ; 2) Sketch of building site; 3) Explanation of why the variance is necessary to prevent hardship. It can be argued that the Board of Zoning Appeals has already implied their approval of this building site with the VA-90-42 . To avoid any complications for you with clear title insurance, financing or zoning compliance, it is safest to receive this new variance approval. November 14 , 1991 Bruce Shifflett Page 2 Your new variance request will be scheduled, according to the regular schedule, when the incomplete items are submitted. I am saddened to hear of your father's ill health. I hope his and your family's plan for this property can be successfully done soon. If you have any questions, please feel free to contact me at your convenience. Sincerely, Ct ,U, M PititilbSOY� Amelia M. Patterson Zoning Administrator AMP/sp cc: Roger Ray VA-90-42 �J 11111 V ®�T• J^ 4 COUNTY OF ALBEMARLE Department of Zoninq 401 McIntire Road Charlottewille, Viryino 22901 4596 (804) 296-5875 July 25, 1990 John C. Shifflett P. 0. Box 296 Earlysville, VA 22936 RE: Variance Application VA-90-42 Tax Map 21, Parcel 13C Dear Mr. Shifflett: I was sorry to hear of your recent illness and hospitalization. I hope you are doing well now. I haven't been able to reach you by phone. The purpose of this letter is severalfold: 1 . Confirm that you intend to pursue this variance; 2 . Confirm that you or a representative can be present at the August 14th meeting; 3 . Inform you of recent discussion with Gary Rice of the Health Department which will further support your request. I will revise the report accordingly. Please contact this office, if you have any questions. Sincerely, Amelia M. Patterson Zoning Administrator AMP/srp cc: VA-90-42