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HomeMy WebLinkAboutVA199100005 Action Letter 1991-01-09 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 9, 1991 Mr. Tom Walton Nationwide Homes, Inc. 2300 Hunter's Way Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-91-05 Tax Map 66, Parcel 38 Dear Mr. Walton: This letter is to inform you that on January 8 , 1991, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request to hold a special meeting on January 24 , 1991 for VA-91-05 subject to Mr. Walton requesting an extension on the loan from Farmer's Home and being rejected. Since an extension of the loan was granted, the Board will not hold a special meeting and will hear VA-91-05 at their next regular meeting which be held on Tuesday, February 12 , 1991 in Meeting Room #7 , Second Floor, County Office Building. Enclosed please find a placard which must be posted on the subject property so to be visible from the public road as soon as possible. It will be necessary for someone to be present to speak for the application. If you have any questions, please contact our office. Sincerely, abryjisifi Amelia M. Pattk n Zoning Administrator AMP/s t cc: ,,.-VA-91-05 Enclosure 11111 ®,1 �I/tGII��P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 13 , 1991 Tom Walton Nationwide Homes, Inc. 2300 Hunter's Way Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 66, Parcel 38 Dear Mr. Walton: 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-91-05, subject to the following conditions: 1) Approval shall be limited to building permit #90-1885 NR. 2) Existing vegetation on the variance side shall be preserved to the maximum extent possible. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the side setback from 25 to 12 feet for construction of a new house. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp cc: Sara Dudley Inspections (90-1885NR) STAFF PERSON: Amelia Patterson PUBLIC HEARING: February 12 , 1991 STAFF REPORT - VA-91-05 OWNER/APPLICANT: Sara Dudley (contract purchaser) TAX MAP/PARCEL: 66/38 ZONING: Rural Areas ACREAGE: 2 . 692 acres LOCATION: On the south side of Route 22 at Cobham, approximately 400 feet west of the Louisa County line. 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 side 25 feet" The applicant seeks a variance to reduce the side setback from 25 to 12 feet for construction of a new house. A building permit has been issued with proper setbacks shown. In the field, the Inspections Department noted the setback error. The site has been cleared, footings dug, and the septic system sited. The applicant is under a time commitment to receive an FHA loan. The applicant's justification includes: 1. The proposed located provides the most privacy for the dwellings on the adjoining property, as well as the subject property. There is a house and mobile home within a close distance of the property line on adjoining property in the only alternate house location for the subject property; 2 . The shape, topography and natural features limit the buildable area. The property is extremely narrow in the front portion near Route 22 , such that side setback variances would be necessary. It is relatively level from the front to the proposed house site. Behind this, the property slopes down moderately to a wide drainage swale/dry stream. Beyond the swale, the property rises up a hill at a moderate to severe grade. The septic system will be located on the limited level area on the top of the hill. Location of the house on the hill would necessitate fairly significant grading. Staff Report - VA-91-05 Page 2 RECOMMENDATION: Staff concurs with the applicant's justification. They have chosen the most practical building site. It preserves existing homes' privacy and creates a reasonable yard for the proposed house. Due to the constraints of unusual lot shape, an unusually wide drainage swale and steep slopes, building area is limited. The Ordinance would create undue hardship on this property, which is unique to it. The proposed house site is fairly well screened by the natural topography and mature trees. Furthermore, a driveway to the property in the rear is located on the side of this property where the setback reduction is requested. There are no dwellings or other structures in close proximity to the proposed house site. It is staff's opinion that this variance would not be substantial detriment to adjacent property or to the district. 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. Staff recommends approval subject to the following condition: 1. Approval shall be limited to building permit NR 90-1885. 2 . Existing vegetation on the variance side shall be preserved to the maximum extent possible.