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HomeMy WebLinkAboutVA199000061 Action Letter 1990-09-12 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 12 , 1990 George W. & Luddy F. Miller 422 Carrsbrook Drive Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-90-61, Tax Map 46A, Parcel F12 Dear Mr. & Mrs. Miller: This letter is to inform you that on September 11, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for VA-90-61 subject to the following conditions: 1. That the deck and steps on the west side of the house be removed; and 2 . Any further expansion which requires a variance shall not be allowed. This variance approval allows relief from Section 14 . 3 to reduce the front setback for a building addition from 25 feet to 13 feet. If you have any questions, please do not hesitate to call. Sincerely, Babette Thorpe Zoning Assistant BT/st cc: VA-90-61 Inspections Department Staff Person: Babette Thorpe Public Hearing: 9/11/90 Staff Report - VA-90-61 Owner/Applicant: Mr. and Mrs. George W. and Luddy F. Miller Tax Map/Parcel: 046A0-00-0E-01200 Zoning: R-2, Residential Acreage: Approximately one-third acre, 16,900 sq. ft. Location: 422 Carrsbrook Drive in the Westmoreland subdivision. Request: The applicant seeks relief from Section 4. 6. 3 . 2 of the Albemarle County Zoning Ordinance, which states: . . . other yards adjacent to streets shall have a minimum depth, equal to the minimum front yard depth required in the district in which the lot is located . . . and Section 14 . 3 , Bulk and area regulations, which sets the minimum front yard depth in R-2 at 25 feet. The applicants propose to add a deck, porch and an enlarged kitchen on the east side of their property. The addition would be located 13 feet from the edge of the access easement, which would require a variance of 12 feet. The existing house is located 10 feet from the easement and would require a variance of 15 feet. As part of the proposed alterations, the applicants intend to remove the deck and steps that extend three feet beyond the bulk of the house. If the alteration were approved, the house would require a variance of 12 feet. The applicants ' justification includes: 1. The area proposed for the addition appears to be the most practical place for an expansion. Moving the addition to the west side of the house would require the removal of two large hardwood trees, several perennial flowerbeds and a concrete patio. 2 . The alterations proposed as part of the addition would reduce the variance needed for the existing house. Relevant History: The house was built in 1973 . A physical survey dated March 2 , 1973 , does not note the road as a right-of-way. This right-of-way was shown on a plat of the Wetsel property behind the applicants' property; however, the deed of description did not include a width for the right-of-way. Page 2 Staff Report - VA-90-61 The error in setback was not discovered until the applicants applied for a building permit for an addition to the house. Recommendation: Staff recommends approving VA-90-61 for cause for the existing structure only. It would be a hardship to relocate the house. Relocating the access easement anywhere on the property would still result in the need for a variance for the existing house. In the case of the addition, the applicants have not provided evidence that the strict application of the ordinance would produce undue hardship. It is staff's opinion that they currently enjoy reasonable use of the property, without the addition. Therefore, staff recommends approving the existing house, but denying the proposed addition 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; and 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. If the Board chooses to approve this variance for the addition as well, staff recommends the following conditions: 1. The deck and steps on the east side of the existing structure shall be removed; and 2 . Approval is granted for the addition described in Building Permit #90-1162 AR only. No further expansion shall be allowed.