HomeMy WebLinkAboutVA199000054 Action Letter 1990-08-15 COMM' OF A1.13FMAIii
August 15, 1990
Richard Sorensen
Pt . 2 , Box 483A
Cro::.et, VA 22932
Re: Board of Zoning Appeals Action for VA-90-54
Tax Map 14 , Parcel 40B
Dear Mr. Sorensen:
This letter is to inform you that on August 14 , 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, your
application for VA-90-54 was approved.
This variance approval allows relief from Section 10. 4 of the
Albemarle County Zoning Ordinance to reduce the front yard setback
requirement for a detached garage from 75 feet to 39 feet, a
variance of 36 feet.
If you have any questions, please contact our office.
Sincerely,
fl
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-54
Inspections Department
STAFF PERSON: John Grady
PUBLIC HEARING: August 14, 1990
STAFF REPORT - VA-90-54
OWNER/APPLICANT: Richard Sorensen
TAX MAP/PARCEL: 14/40B
ZONING: RA, Rural Areas
ACREAGE: 5 acres
LOCATION: Located on the west side of Route 810
approximately . 4 mile north of the intersection
with Route 668.
REQUEST:
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"Area and Bulk Regulations
yards, minimum
front. . .75 feet"
The applicant is requesting a 36 foot variance in order to
construct a detached garage 39 feet from the right-of-way of Route
810.
The applicant's justification includes the following:
1. The existing house is only 27 feet from the right-of-way of
Route 810. The house was built prior to 1960.
2 . The location chosen is most practical because it can be served
by the existing entrance and parking area.
3 . The south side of the house is restricted by Vepco right-of-way
and septic drainfields.
4 . To move the garage any further away from the right-of-way would
present a topographic hardship in that the garage would have to
be moved further into an approximate 3 to 1 slope and require
more than 7 feet of fill to the rear of the garage.
RELEVANT HISTORY:
Staff recognizes that each variance is reviewed on its own merits,
and is not on its face, precedent-setting. The following history
is provided for information:
VA-90-35 was approved May 8, 1990. A variance was granted to an
adjacent parcel (40A) for Eldon Morris to allow an addition to an
existing dwelling to be 56 feet from the right-of-way of Route
810.
Page 2
Staff Report - VA-90-54
RECOMMENDATION
Staff concurs with the applicant that the proposed area for the
garage does appear to be the most logical from a practical
standpoint. The applicant also does have some topographic
hardship to the rear of the property in that the land
substantially slopes upward. This slope is approximately 3 to 1
and starts an upward slope about 40 feet from the right-of-way of
Route 810. The proposed addition would not substantially impact
the district as it would be further away from the right-of-way
than the existing house.
Staff finds this application does meet two of the three variance
criteria.
1. The applicant has provided evidence that such hardship is not
shared generally by other properties in the same zoning
district and the same vicinity;
2 . The applicant has provided evidence that the authorization of
such variance will not substantial detriment to adjacent
property and that the character of the district will not be
changed by the granting of the variance.
However, the question arises as to whether the applicant enjoys
reasonable use of the property currently. It is staff's opinion
that denial of building addition for a garage would not create a
demonstrable hardship approaching confiscation.
Therefore, staff recommends denial for cause:
1. The applicant has not provided evidence that the strict
application of the ordinance would produce undue hardship.