HomeMy WebLinkAboutVA199000077 Action Letter 1990-11-21 ���Oti AL!l�1 J `J
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
CORRECTED COPY
November 21, 1990
Mr. & Mrs. John Thomas Haney
Rt. 2, Box 66
Keswick, VA 22947
RE: Board of Zoning Appeals Action
VA-90-77 Tax Map 79D, Parcel 8
Dear Mr. & Mrs. Haney:
This letter is to inform you that on November 20, 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
approved your request for VA-90-77 to allow a 15 foot variance to
build a 32 ' X 36' garage with proper screening between the garage
and Route 250 which would be subject to the Zoning Administrator's
approval.
This variance approval allows relief from Section 10. 4 to allow a
15 foot variance for a garage to be built 60 feet from the
right-of-way of Route 250 east.
If you have any questions, please do not hesitate to call.
Sincerely,
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: VA-90-77
Inspections Department
STAFF PERSON: Amelia Patterson
PUBLIC HEARING: November 20, 1990
STAFF REPORT - VA-90-77
OWNER/APPLICANT: John Thomas and Betty J. Haney
TAX MAP/PARCEL: 79D/8
ZONING: RA, Rural Areas
ACREAGE: 0.88 acre
LOCATION: On the south side of Rt 250 east, approx. 6/10
mile east of Rt 731, near Shadwell Estates. It
is Lot #8 of the R. G. Magruder Subdivision.
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
"AREA AND BULK REGULATIONS
Yards, minimum:
Front. . . 75 feet"
The applicant requests a 19 foot variance for a proposed detached
2 car garage (32 feet X 40 feet) to be built 56 feet from Route
250 East right-of-way. It is proposed to be located 10 feet from
the existing house, even with the rear of the house and 14 feet in
front of the house. A building permit has been submitted.
The applicant's justification includes:
1. This is the most cosmetically pleasing location;
2 . To move the garage back to setback limits would mean it would
have to sit entirely on fill;
3 . An additional shade tree would be lost if the garage were
shifted;
4 . Two years ago, we were told that this location would meet
requirements.
A letter of support has been received from Frank Kessler, the
owner of property to the rear and the lot to the west.
Page 2
Staff Report - VA-90-77
RECOMMENDATION:
It is staff's opinion that the setback requirement does not
produce undue hardship in this case. This is based on the
following:
1. There is only a slight grade in the area proposed for the
garage construction. There appears to be little difference in
the grade of the proposed area compared to the area which would
comply with setbacks.
2 . The garage length (40 feet) could be reduced and/or the garage
shifted back on the lot, so as to comply with setbacks.
3 . The one tree to be preserved by the proposed location is a
mature maple. While a worthwhile tree, it is not of any
historical value. Three or so trees have already been removed,
based on the intended location.
4 . The garage is proposed 14 feet in front of the house.
5. Route 250 is a high volume, high speed public road.
6. It continues to be staff's position that a garage is not
necessary to reasonable use of the land.
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 evidence 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.
If the Board of Zoning Appeals should find cause for approval,
staff recommends the following:
1. Approval shall be limited to the construction shown in
building permit NNR #90-1597 .