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HomeMy WebLinkAboutVA199100024 Action Letter 1991-07-10 n4`OV 1LGF,1, r Fr: COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 • (804) 296-5875 July 10, 1991 Stanley R. or Harlene K. Sodomka 1900 Stillhouse Road Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 44 , Parcel 56B Dear Mr. and Mrs. Sodomka: This letter is to inform you that on July 09, 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-24 , subject the following conditions: 1. Variance is for garage measuring 24 by 27 feet or less, no portion of which shall be closer than 50 feet to the edge of the right-of-way. 2 . Construction shall be completed within one year of the approval . This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the front setback from right-of-way from 75 to 50 feet for construction of a garage. If you have any questions, please contact our office. Sincerely, &€ )4 .� Babette Thorpe Zoning Assistant BT/sp OF Al.1i� • J /V COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 July 10, 1991 Stanley R. or Harlene K. Sodomka 1900 Stillhouse Road Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 44, Parcel 56B Dear Mr. and Mrs. Sodomka: This letter is to inform you that on July 09 , 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-24, subject the following conditions: 1. Variance is for garage measuring 24 by 27 feet or less, no portion of which shall be closer than 50 feet to the edge of the right-of-way. 2 . Construction shall be completed within one year of the approval. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front setback from right-of-way from 75 to 50 feet for construction of a garage. If you have any questions, please contact our office. Sincerely, &be,1*- 2 Babette Thorpe Zoning Assistant BT/sp STAFF PERSON: Babette Thorpe PUBLIC HEARING: 7/9/91 STAFF REPORT - VA-91-24 OWNER/APPLICANT: Mr. and Mrs. Stanley R. and Harlene K. Sodomka TAX MAP/PARCEL: 44-56B ZONING: RA, Rural Areas ACREAGE: LOCATION: 1900 Stillhouse Road in Ivy Farms Subdivision off Route 658 . REQUEST: In order to build a garage measuring 24 by 27 feet 50 feet from the right-of-way of a private road, the applicant requests relief from Section 10.4. 1 of the Albemarle County Zoning Ordinance, which states: Yards, Minimum: Front, 75 feet The applicant's justification includes the following: 1. Due to steep slopes, the location of the septic field and fill areas, there is no other possible site for a garage on this property. 2 . The road from which the reduced setback is requested serves only two other lots. Neither of the owners of these lots objects to the location of the garage. The garage would not be visible from Stillhouse Road. RECOMMENDATION: Staff agrees with the applicant that the site chosen is the only practical location on this property for a garage. The septic tank and field is on the east side of the house and the property slopes dramatically to the rear. The driveway has been built over fill; the Sodomka' s builder has determined that this site would be unsuitable for a structure. A drainage ditch on the west side of the driveway further limits the sites available for the garage. Staff also agrees that the applicant has met one of the three criteria for approval: 1. 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. The proposed garage would be visible from only two properties and these owners do not object to the structure. The house on one of these properties was built under VA-83-30 and lies 50 feet from the access easement. While staff sympathizes with the applicant's desire for a two-car garage, it has been the policy of this Department that disallowing accessory structures such as garages does not constitute a hardship. The applicants have a single-car garage in the lower level of their house. Therefore, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; and 2 . The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and same vicinity. Should the Board find cause for approval, staff recommends the following conditions: 1. Variance is for garage measuring 24 by 27 feet or less, no portion of which shall be closer than 50 feet to the edge of the right-of-way.. 2 . Construction shall be completed within one year of approval.