HomeMy WebLinkAboutVA199100025 Action Letter 1991-07-10 ofALL,,,
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 10, 1991
Yong Il or Iryung Huyn Kim
2480 Spring Brook Drive
Charlottesville, VA 22901-8996
RE: Board of Zoning Appeals Action
Tax Map 43 , Parcel 73
Dear Mr. and Mrs. Kim:
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-91-25, subject the
following conditions:
1. Approval shall be limited to the building plans sub-
mitted with this variance application.
2 . Construction shall begin within one year of the date of the
approval.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to reduce front setback from the
right-of-way from 75 to 70 feet for construction of a garage.
If you have any questions, please contact our office.
Sincerely,
John Grady
Deputy Zoning Administrator
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STAFF PERSON: John Grady
PUBLIC HEARING: July 09, 1991
STAFF REPORT - VA-91-25
OWNER/APPLICANT: Yong I. Kim
TAX MAP/PARCEL: 43/73
ZONING: Rural Areas
ACREAGE: 3 . 699 acres
LOCATION: 2480 Spring Brook Drive in Harmony Subdivision
off Route 614 .
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance, which states:
"10. 4 AREA AND BULK REGULATIONS
Yards, minimum
front 75 feet"
The applicant requests a variance to reduce the front setback from
75 feet to 70 feet for an attached garage, a variance of 5 feet.
The applicant's justification includes:
1. Due to a planning error when the house was built in 1990, the
builder, failed to leave sufficient space for the future
construction of the family room and garage.
2 . The area planned for the garage contains many well-established
trees and, for obvious environmental advantage, we want to save
the trees.
3 . Without a variance, the additional soil disturbance associated
with the construction of the family room and garage is likely
to cause some erosion problems is apparently not environ-
mentally sound.
4 . The additional excavation cost will be extremely high.
5. The applicant has redesigned the original building plans so
that only one corner of the garage will encroach into the
required setback, approximately 20 square feet of building
area.
Staff Report - VA_91-25 Kim
Page 2
RECOMMENDATION:
Staff agrees with the applicant that the variance will preserve
several trees and minimize the excavation into a sloped area that
is approximately three to one in grade. This would lessen the
chance of run-off and soil erosion to the applicants property. It
is also staffs opinion that authorization of this variance will
not be of substantial detriment to adjacent property and the
character of the district will not be changed, due to the small
area of encroachment involved.
Nevertheless, since applying the ordinance strictly would not deny
the applicant 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;
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.
Should the Board find cause for approval, staff recommends the
following conditions:
1. Approval shall be limited to the building plans submitted with
this variance application.
2 . Construction shall begin within one year of the date of
variance approval.