HomeMy WebLinkAboutVA199100018 Action Letter 1991-06-20 COUNTY OF ALBEMARLE
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MEMORANDUM
TO: VA-91-18, Zoning Staff, BZA Members, File
FROM: John Grady, Deputy Zoning Administrator L.
DATE: June 20, 1991
RE: Residential Structures built prior to December 1969
Staff has agreed that it may use administrative approval for
additions built prior to the first ordinance (December, 1969) ,
which comply with the first ordinance but are no less conforming
to the current Zoning Ordinance. Structure additions must still
comply with Health, Safety regulations and inspections that may be
required from other Albemarle County agencies such as Inspections
Department, Health Department, Albemarle County Service Authority,
etc.
For example, a structure built in the Rural Areas at a 30 foot
setback from the front line, may expand so long as the new
structure is no closer than 30 feet from the front line. It
permits additions with an established building setback which would
be no more non-conforming than the current structure, provided
that it complies with the original Ordinance requirements.
As another example, structure built in the Rural Areas prior to
December, 1969 with an established building setback of 55 feet may
be expanded as long as the new additions are no closer to the
front line than the original structure.
STAFF PERSON: John Grady
PUBLIC HEARING: May 14, 1991
STAFF REPORT - VA-91-18
OWNER/APPLICANT: Neil W. Clark
TAX MAP/PARCEL: 27/21
ZONING: Rural Areas
ACREAGE: 7 . 0 acres
LOCATION: On the north side of Route 674 approximately 1
mile east of Route 810.
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordina
"10. 4 AREA AND B 17) '
1 6
Yards, min .
front 75 ►"'
setback from
The applicant reques r 1� ontom and storage
75 feet to 56 feet f L ;��c� t. The addition
room on an existing I:_` 32 feet X 16
will be a single sto
feet.
The applicant's just
1. The existing home
by the Clark
family.
2 . The addition will hardly be visible from Route 674 because the
existing garage screens this side of the house.
3 . The addition is not visible from any adjacent property owners
home.
4 . The addition will be 10 feet farther from Route 674 than the
existing house and 40 feet farther from Route 674 than the
existing garage.
5 . Placing the addition on the rear of the house would require
relocating an existing electrical meter and additional wiring
expense.
6. This location is the most practical as it allows the family
room addition to align with the existing living room area.
Staff Report - VA-91-18
Page 2
RECOMMENDATION:
Staff is sympathetic to the applicant's request. The applicant
has chosen what appears to be to be the most practical location
for the family room addition. However, as with past applications,
staff does not consider construction of garages, family rooms and
the like, to be necessary for reasonable use of the property.
Therefore, in staff's opinion, the request for this addition does
not represent an undue hardship.
The applicant satisfies one of the three criteria of approval:
1. The proposed addition will not be a detriment to the adjacent
property nor will the character of the district be changed by
the granting of the variance.
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.
If the Board should find cause for approval, staff recommends the
following:
1. Approval shall be limited to the construction shown in Building
Permit NNR #91-416.
2 . That contruction shall start within a year of variance
approval.