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HomeMy WebLinkAboutVA199000069 Action Letter 1990-10-17 Gov nLr COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 October 17, 1990 Grove Construction Company Attn: Suzanne Grove Rt. 2, Box 229 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-90-69, Tax Map 46B3 , Parcel A2 Dear Ms. Grove: This letter is to inform you that on October 17 , 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for VA-90-69 . This variance approval allows relief from Section 15. 3 to reduce the front setback from 25 to 18 feet for an existing house. If you have any questions, please do not hesitate to call. Sincerely, aLeati7)-Y) Amelia M. Patterson Zoning Administrator AMP/st cc: VA-90-69 Inspections Department STAFF PERSON: Amelia M. Patterson PUBLIC HEARING: October 16, 1990 STAFF REPORT - VA-90-69 OWNER/APPLICANT: Grove Construction Company TAX MAP/PARCEL: 46B3/A2 ACREAGE: 0.567 acres ZONING: R-4, Residential LOCATION: On the east side of Edgewater Drive off Cross Timber Road off Timberwood Parkway in Forest Lakes. (3121 Edgewater Drive) The applicant requests relief from Section 15. 3 of the Albemarle County Zoning Ordinance, which states: "15. 3 AREA AND BULK REGULATIONS Yards, minimum Front . . . 25 feet" The applicant seeks a variance to reduce the front setback to 18 feet to allow an existing house to remain as-built. The house was located with an assumed 30 feet road right-of-way instead of the 50 feet width recorded. This resulted in a 10 feet discrepancy between the assumed and the actual property line. The house was inspected by the County, and received a certificate of approval on May 7, 1990. The location was also approved by Forest Lakes. The house is under a purchase contract pending the setback resolution. RECOMMENDATION It is unfortunate that the location error was not detected early enough to allow a footing relocation. At this point, there is no practical solution to the applicant other than a setback variance. The road is a public road approved by the Virginia Department of Transportation, and not practically available for realignment. Relocation of the house would produce undue hardship. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has 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 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.