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HomeMy WebLinkAboutVA199100012 Action Letter 1991-06-18 OF Al lip tIlfl r -var. COUNTY OF ALB1 Department of Zc 401 McIntire R • Charlottesville, Virginia (804) 296-58 June 18 , 1991 • Steven W. Blaine 418 E. Jefferson Street • Charlottesville, VA 22901 • RE: Board of Zoning Appeals Acti Tax Map 42 , Parcel 44 Dear Mr. Blaine: This letter is to inform you that on June 11, 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-12 , subject the following conditions: 1. Compliance with the planting plan dated April 29, 1991 by Van Yahres Associates on or before October 30th, 1991. The Department of Forestry shall be consulted to earliest dates for viable planting. 2 . No additional dishes nor increase in size, without review by the Board of Zoning Appeal . 3 . At such time that the dish no longer serves the intended purpose, consideration shall be made to remove the dish. (This approval was for a dish for business and not enter- tainment purposes. ) This variance approval allows relief from Section 30. 5. 6. 1 of the Albemarle County Zoning Ordinance to reduce the setback from a scenic stream for a satellite dish, from 65 to 58 feet. Pursuant to Section 35. 0 of the Albemarle County Zoning Ordinance, the actual costs of any notice required under the code shall be taxed to the applicant, to the extent that the same shall exceed the applicable fee set forth in this section. Please see the attached bill for the amount due of $17 . 92 . June 18, 1991 VA-91-12 Coleman Page 2 If you have any questions, please contact our office. Sincerely, 0/1->•jAsAt Amelia M. Patterson Zoning Administrator AMP/sp cc: Mr. and Mrs. William S. Coleman, Jr. Enclosure STAFF PERSON: Amelia Patterson PUBLIC HEARING: June 11, 1991 STAFF REPORT - VA-91-12 OWNER/APPLICANT: William S. Coleman, Jr. TAX MAP/PARCEL: 42/44 ZONING: RA, Rural Areas ACREAGE: 211 acres LOCATION: On the north side of Rt. 678 (Ridge Road) and south side of Moormans River, known as Fox Ridge Farm. REQUEST: The applicant requests relief from Section 30. 5. 6. 1 of the Albemarle County Zoning Ordinance, which states: 30. 5. 6. 1 SA - STREAMS "Except as herein otherwise expressly provided, no buildings or structures other than necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65) feet of the edge of any designated stream at mean annual flow level. . . " The applicant requests a variance to reduce the setback from the Moorman's River, a scenic stream, from 65 to 58 feet to allow an existing satellite dish to remain. The dish is essential to Mr. Coleman's personal money management, his primary source of income. It is utilized to receive information from global stock and commodity exchanges, which is unavailable from any other sources. The property is in an Agricultural/Forestal district, in the land use program, and under an open-space conservation easement. It is improved with several residences and farm buildings. Mr. Coleman works (his own personal investing) from the property in order to also train horses. The applicant's justification includes: 1. The existing dish location is the only viable location to assure adequate reception at a 95% capacity. The entire farm was shown by computer study to be blanketed by microwave interference. Prior to location of dish, two tests were conducted, including on-site testing for a period of two weeks. Therefore, the dish location is not arbitrary nor does it serve merely personal preference. 2 . Relocation of the dish to comply with setbacks would render is ineffective. This or complete removal would prohibit Mr. Coleman's personal business. It is this business which supports the property and the agricultural use thereof. The Zoning Ordinance and Comprehensive Plan uphold agri- cultural purpose as the primary goal in the Rural Areas. Staff Report - VA-91-12 Page 2 3 . Cable service to this property was explored. It was not available. 4 . Efforts have been made and additional measures are proposed, to protect the integrity of the River and the intent of this overlay district. Mr. Coleman has been a good steward of the land. Dead trees have been removed and approximately 200 new trees planted. A proposed screening plan by a landscape architect shows twelve (12) new evergreen trees 5-8 feet in height to supplement existing vegetation to create a screen along the field of view from the River. Plantings are to be indigenous species (white pines and red cedar) so as to blend in rather than call attention to itself. The slower growing cedars will provide a dense long term screen, while the fast growing pines will provide the effective short term screen. RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precedent-setting. The following history is provided for information: There is no variance or other zoning application history. A complaint was received (CP-90-204) in October, 1990 about the presence of the dish within the scenic overlay. The owner was contacted, and found to be unaware of the regulations and the resulting violation. He responded with a November 22nd letter, complete with documentation as the necessity of the dish and the use of its current location. This was followed by application for variance. RECOMMENDATION: It is staff's opinion, that the use for which the satellite dish is required, is not directly related to reasonable use of the property. This is based on the findings that Mr. Coleman's work is accessory to the primary residential and agricultural uses of the land. Staff has taken this position on accessory structures such as sheds and garages. It is therefore our opinion that undue hardship does not exist. This is an individual hardship based on the convenience of working from one's property. Staff does recognize that if the Board should find this use necessary and reasonable, the Ordinance does create undue hardship to Mr. Coleman. In addition, this hardship is unique and not shared generally. It is our further opinion, that the proposed planting plan will prevent substantial detriment to the scenic value of the river. Staff Report - VA-91-12 Page 3 However, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has not 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 not 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 find cause for approval, staff recommends the following conditions: 1. Compliance with the planting plan dated April 29, 1991 by Van Yohres Associates on or before October 30th, 1991. The Department of Forestry shall be consulted to earliest dates for viable planting. 2 . No additional dishes nor increase in size, without review by the Board of Zoning Appeals. AFFADAVIT DATE: ir)6 1 Pi, 9Y I, Renee Paige, hereby certify that the attached notice (s) was sent on the above date to all persons listed on said notice. 7/2 ' 42A-a Renee Paige Given under my hand in the County of Albemarle, State of Virginia this ( day of , 1991. -1\.(k l l SYN C , .- 0, It NOTARY PUBLIC My commission expires February 8, 1994 . FILE: V A-Ci(- 19