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HomeMy WebLinkAboutVA199000071 Action Letter 1990-11-14 S�of AImprr U COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 14 , 1990 Wayne F. and Linda S. Sprouse Rt 1, Box 201 Keswick, VA 22947 RE: Board of Zoning Appeals Action Tax Map 94A, Parcel B14, Dear Mr. and Mrs. Sprouse: This letter is to inform you that on November 13 , 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-71. This variance approval allows relief from Section 10 . 4 of the Albemarle County Zoning Ordinance for a 60 foot variance to build a garage 15 feet from the right-of-way of Route 616 and a 28 foot variance for same to be located 47 feet from the right-of-way of Route 64 east. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp cc: Inspection Department VA-90-71 file STAFF PERSON: Babette Thorpe PUBLIC HEARING: November 13, 1990 STAFF REPORT - VA-90-71 OWNER/APPLICANT: Mr. and Mrs. Wayne F. and Linda T. Sprouse TAX MAP/PARCEL: 94B-14 ZONING: RA, Rural Areas ACREAGE: 2 . 057 • LOCATION: North east quadrant of Route 616 (Blackcat Road) and Mechuhk Road in Mechunk Acres Subdivision. REQUEST: The applicants request 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 10. 4, "Area and Bulk Regulations" , which states "Yards minimum: front, 75 feet" . The applicants request a variance of 60 feet to build a two-car garage 15 feet from the right-of-way of Route 616 and a variance of 28 feet for the garage to be built 47 feet from the right-of-way of Interstate 64 . The applicants' justification for this request includes: 1. The location chosen for the garage is the most practical site on this property. Siting the garage has proven difficult because: a. rights-of-way encumber three sides of the two-acre parcel. b. the right side of the property was built up with fill, which makes the area unsuitable for building. c. of the location of utility lines, which angle from the front left corner of the property to the house. d. of the location of the septic field, which lies behind and to the left of the house. 2 . The garage will be attractive, sided and trimmed to match the house, with windows and a gabled roof. 3 . The garage would be built over 100 feet from the edge of the pavement of Blackcat Road. RECOMMENDATION: Staff agrees that the location chosen by the applicants is the most practical site for a garage. The building plans indicate that the garage would be aesthetically pleasing, which leads staff to believe that the structure would not be of substantial detriment to surrounding property. Currently, the rights-of-way are wooded, which would screen the garage from traffic on Route 616 and the ramp onto Interstate 64 . There have been no objections to this petition from the adjacent landowners. Nevertheless, staff must consider whether the applicants currently enjoy reasonable use of the property. It is staff' s opinion that denying the use of a garage does not constitute an undue hardship. Moreover, some of the difficulty the applicants have experienced in siting the garage has been caused by the size of the proposed structure (28 x 32 ft. , or 896 sq. ft. ) . It may be possible for the applicants to build a single-car garage without needing a variance. Therefore, staff recommends denial for cause. The applicants have met one of the criteria: 3 . The applicants have 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. The applicants have not met the following critieria: 1. The applicants have not provided evidence that the strict application of the ordinance would produce undue hardship; and 2 . The applicants have not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Should the Board choose to approve this request, staff recommends the following conditions: 1. Variance is for the structure described by Building Permit 90-1570 NNR only. 2 . Should the right-of-way for either Route 616 or Interstate 64 be cleared, the garage must be screened from the road.