HomeMy WebLinkAboutVA199000060 Action Letter 1990-09-12 imcrso
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 12, 1990
Mr. & Mrs. Roger L. Smith
P. 0. Box 496
Ivy, VA 22945
Re: Board of Zoning Appeals Action
VA-90-60, Tax Map 57, Parcel 104
Dear Mr. & Mrs. Smith:
This letter is to inform you that on September 11, 1990, during
the meeting of the Albemarle County Board of Zoning Appeals, the
Board granted your request for withdrawal of VA-90-60.
If you have any questions, please contact our office.
Sincerely,
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Amelia M. Pattersooh
Zoning Administrator
AMP/st
cc: VA-90-60
STAFF PERSON: Amelia Patterson
PUBLIC HEARING: September 11, 1990
STAFF REPORT - VA-90-60
OWNER/APPLICANT: Roger B. and Norma L. Smith
TAX MAP/PARCEL: 57/104
ZONING: RA, Rural Areas
ACREAGE: 2 . 009 acres
LOCATION: Located on the east side of Route 682 in Ivy
Woods, approximately 1/2 mile south of Route
250 west.
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
Front 75 feet"
The applicant requests a variance to reduce the front setback from
75 to 60 feet from Route 682, for construction of a house.
Proposed road realignment in this area will add 3 feet to the
front property line in the future.
The applicant's justification includes:
1) The property is limited by steep slopes, a stream and the
entrance location.
2) Two mature trees can be saved by moving the house forward.
3) A septic pump system can be avoided, and it can be served by
gravity flow.
4) The house would not be visible from the road. There is a
natural 15 feet berm. The top of the embankment will be
landscaped.
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-89-01 M. Kirk Train was denied by the Board of Zoning Appeals
on March 14, 1989. There was a request to reduce the front
setback for a proposed outbuilding from 75 to 60 feet from Route
682 . The property is a corner lot at the intersection of Route
682 and Mechums West Drive.
Page 2
Staff Report - VA-90-60
RECOMMENDATION:
Staff recognizes the constraints on a building location on this
property. At its most restricted or narrowest point, there is 45
feet between the front 75 feet setback and the rear-steep slopes
and septic setback from a stream. The house proposed will be 30
feet in width, which therefore could be accommodated.
At the time of this writing, there has been no Health Department
recommendation. The applicant has had additional soil studies
performed, which have not yet been reviewed by the Health
Department. The Watershed Management Officer is not of the opinion
that a pump system is to be avoided as detrimental to the
protection of water quality. As with any mechanical device, there
are potential problems of failure or misfunctioning.
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 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.