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HomeMy WebLinkAboutVA199000079 Action Letter 1990-12-12 iths COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 12 , 1990 Edward Strauss P. O. Box 451 Crozet, VA 22932 RE: Board of Zoning Appeals Action Tax Map 69B, Parcel 57 , Dear Mr. Strauss: This letter is to inform you that on December 11, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-79 . This variance approval allows relief from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the front setback from 75 to 42 feet from a private right-of-way for an existing residence. If you have any questions, please contact our office. Sincerely, (brit, Amelia Matte son Zoning Administrator AMP/sp cc: Inspection Dept. VA-90-79 STAFF PERSON: Amelia Patterson PUBLIC HEARING: December 11, 1990 STAFF REPORT - VA-90-79 OWNER/APPLICANT: Edward Strauss TAX MAP/PARCEL: 69B/57 ZONING: Rural Areas ACREAGE: 2 .229 acres LOCATION: On the East side of Route 690, approximately 0. 6 mile north of the intersection with Route 796. (Lot #30 Mountain Hollow) REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "10. 4 AREA AND BULK REGULATIONS Yards, minimum Front. . .75 feet" The applicant seeks a variance to reduce the front setback from 75 to 42 feet from a private access easement, to allow an existing house to remain as built. The house was constructed recently under building permit # NR-89-1912 . Based on the Health Department recommendation for septic location, the house was located as now built. After the building permit was submitted, the proposed house location was changed in the field without revision to the permit. The location was approved in February with a preliminary zoning/footing inspection by the County. The setback discrepancy was caught at the time of final inspections for a certificate of occupancy in November. The owner/applicant wishes to have this matter resolved in order to receive a certificate of occupancy. RELEVANT HISTORY: Mountain Hollow (H.H. Tiffany) Subdivision was approved in several sections in 1980 and 1981. This lot was approved on a plat signed February 18, 1981. This lot and lot #31 were restricted to access a 50 foot access easement, and not have separate driveways directly off Route 690. It is from this 50 foot easement that the setback is not met. Staff Report - VA-90-79 Page 2 RECOMMENDATION It is unfortunate that the location error was not detected early enough to allow a footing relocation. In order to meet the required setback, this applicant would need to either 1) move the house, or 2) move the access easement, or 3) vacate the access easement. Moving the house is obviously not practical. Relocating the easement would require permission from lot #31 owner to shift it onto that property, and would restrict the buildable area on that lot due to additional setbacks. Vacating the easement would require an amendment to the subdivision plat and a variance of the the subdivision ordinance requirement for shared access. Therefore, no practical alternatives for compliance with setback exist. Staff adds the following comments: 1. The encroachment is from a private road with limited traffic, as opposed to a public road; 2 . The driveway easement is not hindered. 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.