HomeMy WebLinkAboutVA199100030 Action Letter 1991-08-14;', r�",'
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
August 14, 1991
John and Pauline Wray
4325 Sylvan Lane
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
Tax Map 33, Parcel 37B
Dear Mr. and Mrs. Wray:
This letter is to inform you that on August 13, 1991, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously approved your request for VA-91-30, subject the
following conditions:
1. Approval shall be for building permit AR 91-886 only.
2. Construction shall be completed within one year of the
date of the variance approval. The issuance of a
certificate of occupancy shall indicate completion.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to reduce the side setback from
25 to 21 feet to attach a garage to a dwelling unit.
If you have any questions, please contact our office.
Sincerely,
Amelia M. Patterson
Zoning Administrator
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STAFF PERSON: John Grady
PUBLIC HEARING: August 13, 1991
STAFF REPORT - VA-91-30
OWNER/APPLICANT: John and Pauline Wray (owners)
TAX MAP/PARCEL: 33/37B
ZONING: Rural Areas
ACREAGE: 2 acres
LOCATION: Located at the intersection of Route 600 and
Sylvan Lane on the southwest side of the road.
REQUEST:
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
1110.4 AREA AND BULK REGULATIONS
Yards minimum: side 25 feet"
The applicant requests a four foot variance in order to attach a
detached garage to the main house which would be 21 feet from the
side property line. As an attached structure, it would then be
required to meet a twenty-five foot side yard setback.
The proposed addition that will attach the existing house and
garage will contain a new bedroom, bathroom and patio.
The applicant's justification includes the following:
1. The area chosen is the most practical to match up to the
existing bedrooms and bathrooms.
2. An attachment in this manner would be more cost efficient due
to existing side walls.
3. Attachment would also afford sheltered access from garage to
house.
HISTORY
The house and detached garage were built in 1979 by County Living,
Inc., a local development company. The current owner (John and
Pauline Wray) purchased the property in 1989.
The Zoning Ordinance provides less restrictive side and rear yard
setback requirements for accessory structures such as detached
garages, pools and storage sheds under section 4.11.2.1 which
states,
"Accessory Structures: If no utility or drainage easements or
other easements are adversely affected, accessory structures or
portions thereof may be erected no closer than six (6) feet to
adjacent lot lines in the case of detached structures..."
Staff Report - VA-91-30
Page 2
RECOMMENDATION
The proposed addition will not distract from the current
appearance of the property nor will it cause any addition
encrouchment to side property line. Therefore, it is staff's
opinion that the authorization of this variance will not be of
substantial detriment to adjacent property and the character of
the district will not be changed. Staff would also agree with the
applicant that the area chosen for the addition would be the most
practical and cost efficient. 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;
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 to approve this request, staff
recommends the following conditions:
1. Approval shall be for building permit AR 91-886 only.
2. Construction shall commence within a one (1) year of the date
of variance approval.