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HomeMy WebLinkAboutVA199100008 Action Letter 1991-03-12 C'l OF AL114t' ® 1/RG,1N1I" COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 12 , 1991 Henry & Gloria Green Rt. 21, Box 209 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-91-08 Tax Map 92 , Parcel 22C Dear Mr. & Mrs. Green: This letter is to inform you that on March 12 , 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-08 subject to the following conditions: 1. Variance is limited to the 20 X 12 foot addition described in Building Permit #90-01, no portion of which shall be closer than 16 feet to the side property line and 45 feet to the edge of the right- of-way of Route 672 , and 2 . Addition must be completed within 12 months of approval of the variance. This variance approval allows relief from Sections 10 . 4 to reduce 1) the front setback from Route 672 from 75 to 45 feet and 2) the side setback from 25 to 16 feet, for an addition to their house. If you have any questions, please do not hesitate to call . Sincerely, jrt&Z- / r Babette Thorpe Zoning Assistant AMP/st cc: VA-91-08 Inspections Department Planning Department Robert Reaves STAFF PERSON: Babette Thorpe PUBLIC HEARING: March 12 , 1991 STAFF REPORT - VA-91-08 OWNER/APPLICANT: Mr. and Mrs. Henry L. and Gloria H. Green TAX MAP/PARCEL: 92-22C ZONING: RA, Rural Areas ACREAGE: 0 . 39 acres LOCATION: One and two-tenths miles east of Route 732 REQUEST: The applicant requests relief from Section 10 . 4 of the Albemarle County Zoning Ordinance, which states: Yards, minimum: Front - 75 feet Side - 25 feet The applicants seek to reduce the front setback from Route 762 to 45 feet and the side setback to 16 feet in order to build an addition measuring 20 x 12 feet to their house. This request represents a variance of 35 feet from the front yard requirements and nine feet from the side yard requirements. The addition would expand the kitchen and family room and house a half-bath and utility room. The applicants ' justification for this request includes the following: 1. The existing house, which measures 600 square feet, is too small for three people. 2 . The applicants would need a variance from the front setback to attach an addition anywhere on their house. They would also need a variance from the side setback if they were to build on the east side of their property. 3 . The location they have chosen is the most practical given the layout of the existing house. Placing the addition onto the back of the house would require moving the septic tank. 4 . The proposed addition would contain a fireplace, which would provide heat when the power fails. RELEVANT HISTORY: The house was built in 1967 , before the County adopted a Zoning Ordinance. While staff recognizes that each variance is reviewed on its own merits, there have been requests similar to this one that have been approved. VA-90-85 was approved when Mr. and Mrs. Douglas Lilly sought to add on to a house which lay entirely within the 75-foot setback required from a private road. VA-91-01 was also approved recently, allowing Mr. and Mrs. Carlton Wood to build an addition 19 feet from a side property line. RECOMMENDATION: Staff agrees that prohibiting any addition to the existing house would constitute a hardship due to the small size of the house. The road from which the applicants are requesting a reduced setback, Route 762 , ends in a cul-de-sac about one-quarter mile from the Green' s house. Staff recommends approval for cause: 1. The applicants have provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicants have provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 3 . The applicants have 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 choose to approve this request, staff recommends the following conditions: 1. Variance is limited to the 20 x 12 foot addition described in Building Permit #91-01, no portion of which shall be closer than 16 feet to the side property line and 45 feet to the edge of the right-of-way of Route 672 . 2 . Addition must be completed within 12 months of approval of variance.