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HomeMy WebLinkAboutVA199100026 Action Letter 1991-07-10 911'ram mrkr COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville. Virginia 22901-4596 (804) 296-5875 July 10, 1991 Benjamin H. and Rita A. Kent Rt 2 , Box 387 Crozet, VA 22932 RE: Board of Zoning Appeals Action Tax Map 15, Parcel 31 Dear Mr. and Mrs. Kent: 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-91-26, subject the following conditions: 1. Approval shall be limited a porch measuring eight (8) by thirty-two (32) feet facing Route 668 and twelve (12) by thirty-two (32) feet on the east side of the house. 2 . No portion of the new porch shall be closer to Route 668 than the existing porch. 3 . Construction must begin within one year of approval. 4 . Porch shall not be enclosed. 5. Lattice shall cover the underpinning. 6 . No portion of porch shall be used for storage area. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the front setback from Route 668 right-of-way from 75 to 7 feet fro a covered porch and deck construction. If you have any questions, please contact our office. Sincerely, z<142 ) John Grady Deputy Zoning Administrator STAFF PERSON: John Grady PUBLIC HEARING: July 09, 1991 STAFF REPORT - VA-91-26 OWNER/APPLICANT: Benjamin H. and Rita Kent TAX MAP/PARCEL: 15/31 ZONING: Rural Areas ACREAGE: 1 acre LOCATION: Located on the south side of Route 668, approximately 2 .5 miles west of the Route 668 and Route 671 intersection. REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: Yards, minimum: Front 75 feet. The applicant requests a variance of 68 feet to enlarge an existing 8 foot by 8 foot porch that will be setback 7 feet from the front property line. The new porch would measure 8 feet by 32 feet on the front facing Route 668 and 12 feet by 32 feet on the east side of the house. Their justification for this request includes the following: 1. The existing structure was built in 1840 and any building modifications to the front and sides would require a variance by the Board. 2 . The proposed porch addition will be farther away from Route 668 than the existing porch. 3 . The existing porches were not attractive and in extreme need of repair. The larger porch would better compliment the appearance of the house and add to the applicant's enjoyment of the property and the market value. 4 . The front of the property facing Route 668 is somewhat screened by white pines and would not be disturbed by the applicant. 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: The Kents bought the old church house in 1975 and have completed some interior renovations since that time. According to Mr. Jeff Echols of VDOT, there are no immediate plans to widen this section of Route 668. Staff Report - VA-91-26 Kent Page 2 RECOMMENDATION: The applicant does not meet the Zoning Ordinance or Administrative criteria for building addition because the entire structure lies within the 30 foot front yard requirement established in December, 1969. In other words, the addition does not comply with even the first setbacks. Staff agrees with the applicant's statement that the proposed porch would be more attractive than the existing porch and supports their desire to improve the appearance of their property. In staff's opinion, the applicant has met two of the three criteria for approval: 1. The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. The existing building location, completely within setbacks, is a unique situation. 2 . 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 setback further than 75 feet from the right-of-way, the proposed porches will be no closer to the right-of-way, but larger in area. It is unlikely that the expanded porch would be obtrusive to other residences because no other homes are in view of Mr. and Mrs. Kent's residence. 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. Should the Board find cause for approval, staff recommends the following conditions: 1. Approval shall be limited to a porch measuring eight (8) by thirty-two (32) feet facing Route 668 and twelve (12) by thirty-two (32) on the east side of the house. 2 . No portion of the new porch shall be closer to Route 668 than the existing porch. 3 . Construction must begin within one year of approval.