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Home My WebLink AboutVA199100003 Action Letter 1991-02-13 411'irk J 4 COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 13 , 1991 Mac Ward P. 0. Box 148 Free Union, VA 22940 RE: Board of Zoning Appeals Action Tax Map 62 , Parcel 34 Dear Mr. Ward: This letter is to inform you that on February 12 , 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-03 , subject to the following conditions: 1) Variance is approved for a garage measuring 52 ' X 28 ' , as described in the application and report. No portion shall be less than 30 feet from the center line of old Stony Point Road. 2) Structure shall be completed within 12 months of approval . This variance approval allows relief from Section 10 . 4 of the Albemarle County Zoning Ordinance to reduce the front setback from Old Stony Point Road from 75 to 30 feet for construction of a new garage. If you have any questions, please contact our office. Sincerely, 430.,44 Babette Thorpe Zoning Assistant BT/sp cc: Anna T. Lane Inspections STAFF PERSON: Babette Thorpe PUBLIC HEARING: February 12 , 1991 STAFF REPORT - VA-91-03 OWNER/APPLICANT: Ms. Anna T. Lane TAX MAP/PARCEL: 62-34 ZONING: RA, Rural Areas ACREAGE: 9. 854 LOCATION: Route 20 North, near Key West REQUEST: In order to build a 52 x 28 foot garage 30 feet from Old Stony Point Road, the applicant requests relief from Section 4 . 6. 3 .2 of the Albemarle County Zoning Ordinance, which states: Other yards shall have a minimum depth equal to the minimum front yard depth required in the district in which the lot is located. and 10. 4 , "Area and Bulk Regulations" , which sets this depth at 75 feet. The applicant' s justification includes the following: 1. The garage would be built on an old garage site, near the house and far from Route 20 North. 2 . The variance would reduce the setback from an unused part of Old Stony Point Road. RELEVANT HISTORY: The portion of Old Stony Point Road lying along the rear of this property wac nn* rd of ReeSupervisor r,�) ofe ` t; -E/ �, � d ,nt of Route 20 N 1T - / MA, Kee l G;%r/EIC o 1`/,af/),(R, !eking to have th /fica/+ d `'_,/f) Olc� a ''� pi• �'co. /k2 51OAegi �perty vacated b�Qbo�¢ Vaoaf�1 ,-�lxr ! u,b'id/ fo 'icult since part 0 i, MrS. itic tiburic) 11 ( 1d f �� >f the property o IJC?�' -/ f ] Cd�fi nr c� 00C-1 1 rz P rfa fiver r� The applic,Urn bo',tg e(166" to ae,4 `� .h//c, ricI, -• to of an old, t� 01d road ioere �Q �iTf t,G�j r the proposed s• and e�n)� pr i✓a fficui cwe Lao rood RECOMMENDA'._ �,� ��1+�55�q d fir( .6,24("0,_ posed site for t /}E, �r-- i the location 01 ✓a ea i?� M �� a�� wk�L iJanQ� Route 20 would rE ,fo 9 04 < k:.e.. ° r gage more visib] 44-� �Q,Oan6b l� VCtcal� cU Point Road lying closE �,9 (A"71 yam- �' I�P� �� ct, �a rr� -:ime, although it .______ __' .. ..- rvuY Z j a n i,i t LC.. cUJVI-c Q C Staff finds that the request satisfies two of the conditions of approval: • VA-90-03 Page 2 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, var ance. , ai -A �(01,02, a,no1 -u -�y oq '�u e.low 7 Q Id 55 p -To', an Ac .. Nevertheless, it—is staff' s opinion that applying the ordinance. strictly would not constitute undue hardship in this case. v �� Therefore, staff recommends denial for cause: /?}w thhiA 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Should the Board approve this request, staff recommends the following condition: 1. Variance is approved for a garage meal^�ring 52 x 28 feet, as described in this staff report. ` ID 7or+TOV1 ✓chat( ?o ',It Gong ti� ZQ.Q/� F(0pX'i j ' /t.Q.. rirYlEj(d, YoF ALII,t,I 8.- ,r 40,11, COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 January 28, 1991 Ms. Anna Lane Rt. 7, Box 304 Charlottesville, VA 22901 RE: 1) VA-91-03: TO REDUCE SETBACK FROM OLD STONY POINT ROAD FROM 75 TO 30 FEET 2) REQUEST THAT BOARD OF SUPERVISORS VACATE PUBLIC RIGHT-OF-WAY OF OLD STONY POINT ROAD Dear Ms. Lane: I have reviewed the alignment of Old Stony Point Road in the field, discussed the matter with the Zoning Administrator and the Clerk of the Board of Supervisors and received a telephone call from Ms. McMurdo, who uses both ends of the old road for access to her property. Based on these factors, let me provide the following comments: 1. Ms. McMurdo is of the opinion that Old Stony Point Road no longer exists as a public road in this area. Clearly, the roadway has been abandoned as to public maintenance, however, the Clerk of the Board of Supervisors has been unable to find any evidence that the road was vacated as to public use (see enclosure) ; 2. If the Board of Supervisors were to take action to vacate the right-of-way as to public use, Ms. McMurdo would likely desire to continue access over the old roadway at both ends which would involve access easements. Setbacks from easements are the same as setbacks from public rights-of-way (i.e. - 75 feet) ; 3. Therefore, vacating the public right-of-way may be of no benefit to you. That is to say, you may still need a setback variance to construct the garage in the desired location. It would be your responsibility to locate Ms. McMurdo's access points relative to the desired garage location. This would be mostly reliably verified by a physical survey prepared by a land surveyor. Ms. Anna Lane January 28, 1991 Page 2 As you can see, the process of vacating (at least a portion) of the Old Stony Point Road right-of-way can become time consuming and expensive an still may be of no benefit to you in construction of your garage in the desired location. For these reasons let me suggest that unless you object to this procedure, the request that the Board of Supervisors consider vacation of the right-of-way be set aside as to scheduling until the Board of Zoning Appeals has entertained your variance request. I am by copy of this letter suggesting that the Board of Zoning Appeals give consideration to the issues outlined above. Clearly, the property owner most affected by your variance request would be Ms. McMurdo. You may wish to talk to her directly regarding the garage location, if you have not already done so. In closing let me add that I am unaware as to what complications may arise with Centel regarding its existing line along the right-of-way. I would recommend to the Clerk of the Board that should you pursue right-of-way vacation; Centel be notified of such request (You may wish to contact Centel directly in this regard in determining your course of action). Again, unless I receive objection from you, I recommend that the Board of Zoning Appeals deal with this issue prior to consideration by the Board of Supervisors. Should you desire to discuss this issue more fully or if I can be of any assistance, please call me at 296-5823. Sincerely, Ronald S. Keeler Chief of Planning RSK/mem cc: MrS Muriel C. McMurdo Amelia Patterson, Zoning Administrator: VA-91-03 Lettie Neher, Clerk of the Board of Supervisors ENCLOSURE y-.-1j• i pF AyRn Q U=� OYaN® �RGII�kP COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MCINTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 MEMO TO: V. Wayne Cilimberg, Director of Planning & Community Development FROM: Lettie E. Neher, Clerk j .DATE: December 27 , 1990 SUBJECT: Request for Abandonment of Old Stony Point Road Please note the attached letter from Anna Lane requesting abandonment of what is shown as Old Stony Point Road on the attached plat. She has decided to make this request instead of applying for a variance from the Board of Zoning Appeals. I understand that she wishes to construct a garage on her property, but because of this old road, there is not adequate setback for the structure at the point where it is to be constructed. Mrs. McMurdo thought that her husband had this matter taken care of about 40 years ago, hut we have been unable to substantiate that in the minutes. I need a staff report from your department so that this matter may be discussed by the Board on January 9 , 1991. If you find this impossible, please let me know immediately, as the applicant may wish to make a formal request for a variance instead. len/mms Attachments (2) cc: Robert W. Tucker, Jr. Y`"` }fix DEC 27 1990 PLANNING DIVISION