HomeMy WebLinkAboutVA199000080 Action Letter 1990-12-12 0V A L/j�,tr
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 12 , 1990
Dennis Palmgren
3430 Coleman Drive
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
Tax Map 29, Parcel 31G,
Dear Mr. Palmgren:
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-90-80 .
This variance approval allows relief from Section 10. 4 of the
Albemarle County Zoning Ordinance to reduce the setback from an
access easement from 75 to 60 feet for construction of a new
residence.
If you have any questions, please contact our office.
Sincerely,
AkI/C
Babette Thorpe
Zoning Assistant
AMP/sp
cc: Inspections Dept.
VA-90-80
STAFF PERSON: Babette Thorpe
PUBLIC HEARING: December 11, 1990
STAFF REPORT - VA-90-80
OWNER/APPLICANT: Mr. Dennis Palmgren
TAX MAP/PARCEL: 29-31G
ZONING: RA, Rural Areas
ACREAGE: 24 . 424
LOCATION: North side of Route 665 approximately 0.2 mile
east of intersection of Routes 601/655.
REQUEST: The applicant requests 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 applicant seeks a variance of 15 feet to reduce the setback
from an access easement to 60 feet in order to finish building a
new residence. The applicant offers the following justification
for this request:
1. The County approved the location of the footings.
2 . It would be a hardship to relocate the house at this
stage of construction.
RELEVANT HISTORY: The building permit for the applicant' s house
was approved by the County on May 22 , 1990. The plat submitted
with the building permit showed 150 feet between the house and the
far edge of the 50-foot access easement. This would have allowed
100 feet between the house and the near edge of the easement.
Unfortunately, the house was not sited as shown on the plat. On
June 15, 1990, the County approved the location of the footings and
the construction of the house proceded. A second inspector noticed
the error in setback later; by this time, the house was under roof
and about 70 percent completed.
The easement running across the front of parcels B, C and D belongs
to the Rivanna Water and Sewer Authority and will be used to reach
the proposed Buck Mountain Creek Reservoir. According to Mr.
George Williams, Director of the Rivanna Water and Sewer Authority,
the Authority would not prohibit the owners of parcels C and B from
building driveways across the easement. Therefore, these
properties would be accessible from Route 601.
RECOMMENDATION: At this stage in the construction of the house,
its relocation would create a hardship for the applicant. The
applicant has spoken with the owners of Parcels D and C and they do
not wish to have the 50-foot access easement reduced or abandoned.
At present, there are no houses on parcels D and C; nor is anyone
using the easement.
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; and
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.
Should the Board approve this request, staff recommends the
following conditions:
1. Approval is for the structure described in Building
Permit #90-743 only.