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.