HomeMy WebLinkAboutVA199000065 Action Letter 1990-10-17 „of m.,94:
/RG,N
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
October 17 , 1990
J. F. August & Virginia B. Lorber
1650 West Pines Drive
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
• VA-90-65, Tax Map 58C, Parcel 01-49
Dear Mr. & Mrs. Lorber:
This letter is to inform you that on October 16, 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
approved your request for VA-90-65 subject to the following
condition:
1. That no further expansion to the southwest side of
the house shall be allowed.
This approval allows relief from Section 10.4 of the Zoning
Ordinance to reduce the side yard setback from 25 to 19 feet for
an existing structure to remain as built and to further reduce
the side yard setbacks from 25 to 15 feet for a proposed addition.
If you have any questions, please do not hesitate to call.
Sincerely,
—TZ
John Grady
Deputy Zoning Administrator
JG/st
cc: VA-90-65
STAFF PERSON: John Grady
PUBLIC HEARING: October 16, 1990
STAFF REPORT - VA-90-65
OWNER/APPLICANT: J. August & Virginia Lorber
TAX MAP/PARCEL: 58C, 01-49
ZONING: RA, Rural Areas
ACREAGE: 2 acres
LOCATION: Located on the northwest corner of West Pines
Drive and state Route 677.
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
1b•`�
"$za AREA AND BULK REGULATIONS
Yards, minimum
side. . .25 feet"
The applicant requests a 6 feet variance for the existing house to
remain as built 19 feet from the side property line. The
applicant further proposes to enlarge kitchen, den and bedroom to
the same side property line which would increase the variance
requests from 6 feet to 10 feet.
The applicant's justification includes:
1. Home was purchased in 1988 with the intention of adding on to
kitchen and den/bedroom at some time.
2 . Setback variance should have been addressed when home was first
built 12 years ago.
3 . Present addition plans utilize only 3 directions available to
add on.
4. Addition to rear will vastly improve lines of house, i.e. view
from rear.
5. Need to create larger bedroom for teenage son as we are
expecting a baby and the upstairs is too small for 3 bedrooms
with a small child.
6. Neighbors on both sides are quite far from view, only one
having any view of the house at all.
Staff Report - VA-90-65
Page 2
RELEVANT HISTORY:
Staff recognizes that each variance is reviewed on its own merits,
and is not on its face, presedent-setting. The following history
is provided for information:
The house was built in 1977 . The error in setback was not
discovered until the current owner-applicant applied for a
building permit for the additions to the house in September of
this year.
RECOMMENDATION:
Staff recommends approving the variance for the existing house. It
would be a hardship to relocate the house and to move the side
property line is unacceptable to the the adjacent property owner.
In the case of the addition, it is staff's opinion that the
applicant currently enjoys reasonable use of their property
without the additions. 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;
If the board chooses to approve this variance for the addition as
well, staff recommends the following condition:
1. Approval is granted for the addition described in building
permit #90-1352 AR only. No further expansion to the
southwest side of the house shall be allowed.