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HomeMy WebLinkAboutVA199100020 Action Letter 1991-05-15 of ALJ COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 15, 1991 Woodrow and Jeanette Davis Rt 1, Box 454 Barboursville, VA 22923 RE: Board of Zoning Appeals Action Tax Map 34 , Parcel 70A Dear Mr. and Mrs. Davis: This letter is to inform you that on May 14 , 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-20, subject to the following conditions: 1. Approval is limited to a porch measuring eight by forty feet, no portion of which may be closer than 21 feet to the edge of right-of-way of Route 20 North. 2 . Construction must begin within one year of approval . This variance approval allows relief from Section 10 . 4 of the Albemarle County Zoning Ordinance to expand a porch 21 feet from the right-of-way of Route 20 North. If you have any questions, please contact our office. Sincerely, CeliNt-f-L , Amelia M. Patterson Zoning Administrator AMP/sp cc: Inspections Dept. STAFF PERSON: Babette Thorpe PUBLIC HEARING: May 14, 1991 STAFF REPORT - VA-91-20 OWNER/APPLICANT: Mr. and Mrs. Woodrow and Jeanette Davis TAX MAP/PARCEL: Tax Map 34, Parcel 70A ZONING: RA, Rural Areas ACREAGE: 1.85 LOCATION: On the west side of Route 20 North about 1 mile north of its intersection with Route 640. REQUEST: In order to expand a porch to 21 feet from the right-of- way of Route 20 North, the applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: Yards, minimum: Front 75 feet. The applicants request a variance of 54 feet. The new porch would measure eight by 40 feet. Their justification for this request includes the following: 1. The existing porch, which measures 4 x 5 feet, is not large enough to meet needs or to be functional. 2 . The existing porch is not attractive and needs improving. A larger porch would better complement the architecture of the house and add to the applicants ' enjoyment of their property and its market value. 3 . The proposed porch would lie 55 feet from Route 20 ' s edge of pavement. RELEVANT HISTORY: The Davises bought the house in 1965. In 1969, the Virginia Department of Transportation acquired additional right-of-way. Instead of measuring 30 feet, the right-of-way for this section of Route 20 North now measures 110 feet. Instead of lying 50 feet from the right-of-way of Route 20 North as it once did, the house is now between 25 and 30 feet from the right-of-way. According to Mr. Jeff Echols of VDoT, there are no immediate plans to widen this section of Route 20 North. RECOMMENDATION: Staff agrees with the applicant' s statement that the proposed porch would be more attractive than the existing porch and sympathizes with their desire to improve the appearance of their property. The acquisition of additional right-of-way by VDoT has made it necessary for the applicants to seek a variance of 54 feet, instead of the 25 feet they would have needed had the old right-of-way remained in place. VA-91-20 Page 2 of 2 In staff's opinion, the applicant has met two of the three conditions for approval: 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 variance. While the houses on surrounding properties are set back farther than 75 feet from the right-of-way, the new porch would lie only three feet closer to the road than the old one. For most of the year, the house is screened from the road by trees. It is unlikely that the expanded porch would be obtrusive. Nevertheless, since applying the Ordinance strictly would not deny the applicants reasonable use of their property, staff must recommend denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; Should the Board choose to approve this request, staff recommends the following conditions: 1. Approval is limited to a porch measuring eight by forty feet, no portion of which may be closer than 21 feet to the edge of right-of-way of Route 20 North. 2 . Construction must begin within one year of approval .