HomeMy WebLinkAboutVA199000085 Action Letter 1991-01-09 ire
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
January 9, 1991
Douglas & Brenda Lilly
Rt. 1, Box 102
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
VA-90-85 Tax Map 89, Parcel 32
Dear Mr. & Mrs. Lilly:
This letter is to inform you that on January 8 , 1991, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
approved your request for VA-90-85 subject to the condition that
the variance be approved for the addition described in building
permit #90-1790AR only.
This variance approval allows relief from Section 10 . 4 to reduce
the front setback from 75 to 30 cf fr::.i the right-of-way to
build an addition to the existing house.
If you have any questions, please do not hesitate to call .
Sincerely,
Babette Thorpe
Zoning Assistant
BT/st
cc: VA-90-85
Inspections Department
STAFF PERSON: Babette Thorpe
PUBLIC HEARING: January 8, 1991
STAFF REPORT - VA-90-85
OWNER/APPLICANT: Mr. and Mrs. Douglas W. and Brenda K. Lilly
TAX MAP/PARCEL: 89-32
ZONING: RA, Rural Areas
ACREAGE: 6. 341
LOCATION: On a private road approximately 0. 1 mile west of
Route 631
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 sets the minimum
front yard depth at 75 feet in the Rural Areas.
The applicant requests a variance of 45 feet to build an addition
to an existing house 30 feet from the right-of-way of the private
road fronting their property. This 16 feet X 28 feet (448 square
feet) addition would house two bedrooms and a bath.
The applicant' s justification includes:
1. The existing house (756 square feet) is too small for a
family of five.
2 . The addition would be no closer to the right-of-way than
the existing house.
RELEVANT HISTORY: The existing house was built before the County
adopted a Zoning Ordinance.
RECOMMENDATION: Since the existing house falls entirely within the
75-foot setback required from the right-of-way, any addition to the
house would require a variance. Staff agrees that restricting any
addition to the existing house would constitute a hardship due to
the small size of the existing house. It is staff' s opinion that
an addition is necessary to enjoy reasonable use of the property.
Given the modest size of the addition and the fact that it would
lie no closer to the right-of-way than the existing house, staff
believes that approving this variance would not change the
character of the district.
Therefore, 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 variance, staff recommends the
following condition:
1. Variance approved for the addition described in Building
Permit 90-1790AR only.