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HomeMy WebLinkAboutVA199100040 Action Letter 1991-12-10COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 16, 1991 Mr. Glenn E. Branham 1603 Yorktown Drive Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 8, Parcel 35A Dear Mr. Branham: This letter is to inform you that on December 10, 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board clarified the intent of condition #2 to only apply to the two (2) dwellings currently served by septic. These shall receive Health Department approval for reserve septic area. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp cc: Joyce Harris Gary Rice, Health Department COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 MEMORANDUM TO: Albemarle County Board of Zoning Appeals FROM: Amelia M. Patterson, Zoning Administrator a(hp/< DATE: December 10, 1991 RE: VA-91-40 Joyce A. Harris Clarification of condition: "Each lot shall include area for primary and reserve septic area for each house, as approved by the Health Department." The applicant's representative, Glen Branham, and I request clarification from the Board as to the meaning of this condition. The applicant is in the process of producing the survey and Health Department approval for subdivision as anticipated by this variance. Resolution of this question is necessary for further work on the subdivision. The question is whether this variance requires that 1) each of the four (4) dwellings receive Health Department approval for adequate area for primary and reserve septic; or 2) each of the two (2) dwellings currently served by septic shall receive Health Department approval for reserve septic area. The basic facts are as follows: I. Applicant's Position o Planning staff comment recommended #2, or only reserve area for the two homes served by septic. o The applicant's letter proposed Health Department approval based on #2• o Compliance with #1 is likely to be impossible with so little land area. A1.71�'IJ TO: FROM: COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 MEMORANDUM Albemarle County Board of Zoning Appeals Amelia M. Patterson, Zoning Administrator QmP/sr' DATE: December 10, 1991 RE: VA-91-40 Joyce A. Harris Clarification of condition: "Each lot shall include area for primary and reserve septic area for each house, as approved by the Health Department." The applicant's representative, Glen Branham, and I request clarification from the Board as to the meaning of this condition. The applicant is in the process of producing the survey and Health Department approval for subdivision as anticipated by this variance. Resolution of this question is necessary for further work on the subdivision. The question is whether this variance requires that 1) each of the four (4) dwellings receive Health Department approval for adequate area for primary and reserve septic; or 2) each of the two (2) dwellings currently served by septic shall receive Health Department approval for reserve septic area. The basic facts are as follows: I. Applicant's Position o Planning staff comment recommended #2, or only reserve area for the two homes served by septic. o The applicant's letter proposed Health Department approval based on #2• o Compliance with #1 is likely to be impossible with so little land area. NOT APPROVED/NOT VERBATIM DRAFT ALBEMARLE COUNTY BOARD OF ZONING APPEALS NOVEMBER 12, 1991 MEETING The Albemarle County Board of Zoning Appeals held a regular meeting on Tuesday, November 12, 1991, in Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Members present were Max C. Kennedy, Chairman, William Rennolds, Carl Van Fossen, and Richard Cogan. George Bailey was absent. Zoning staff present were Amelia Patterson, Zoning Administrator; and Babette Thorpe, Zoning Assistant. As a quorum was established, the meeting convened at 3:00 p.m. The first item before the Board was VA-91-40, Joyce A. Harris. Ms. Patterson read the staff report as follows: VA-91-40. Joyce A. Harris, property described as tax map 8, parcel 35A, located on the east side of Route 664, between Route 622 and Route 671, zoned RA, Rural Areas. The applicant requests relief from Sections 4.1.3 and 10.4 of the Albemarle County Zoning Ordinance to subdivide 5.3 acres into 2 equal lots with 2 dwellings. Variance of residential density from 0.5 dwelling unit/l acre to .75 dwelling/l acre, or from 4 dwelling units/8 acres to 4 dwellings/5.3 acres. (See the attached copy of the staff report.) Ms. Patterson passed out an enlarged copy of a sketch contained in the Board's packet showing the layout of the existing dwellings, external property lines, location of garages behind the dwellings, and the wells and septic fields that currently serve the property. She pointed out that the proposed subdivision line shown in red - essentially went down the center of the property line. She stated that the applicant could explain the situation of the property a little better, but she believed the 2 smaller residences were rental properties. She pointed out that currently as shown on the sketch the 2 larger dwellings were served by septic fields and wells and the 2 smaller dwellings did not have septic fields. She stated the Health Department had not reviewed this, but their policy in a thatethe owners hadlike this tto hire multiple a soil scientist tosmaller doa acreage was soil's analysis and part of that review would include where t e property line would go so they could lay out where the existing septic fields and the reserve fields were to go in relation to the STAFF PERSON: Amelia Patterson PUBLIC HEARING: November 12, 1991 STAFF REPORT - VA-91-40 OWNER/APPLICANT: Joyce A. Harris TAX MAP/PARCEL: 8/35A ZONING: Rural Areas ACREAGE: 5.3 acres LOCATION: On the east side of Route 664, between Route 622 and Route 671. REQUEST: The applicant requests relief from Sections 4.1.3 and 10.4 of the Albemarle County Zoning Ordinance, which states: "Section 4.1.3 For a parcel served by neither a central water supply nor a central sewer system, there shall be provided a minimum of sixty thousand (60,000) square feet per ... dwelling unit..." "Section 10.4 AREA AND BULK REGULATION Gross Density 0.5 du/ac Minimum lot size 2.0 acres" The applicant would like to give her son his house and neighboring cottage with 2.65 acres of land, leaving 2.65 acres with her house and cottage. The applicant's justification includes: 1. This is a hardship situation. 2. Mr. Harris died in December, 1990. He and Mrs. Harris had wanted their son to have this property. 3. There will be no physical changes to the property. It will look the same. 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: In 1948, the subject property was deeded to Kermit Parrish as one acre, more or less. There were two houses at the time. Sometime prior to 1966, two additional homes were constructed. proposed property lines. She stated the applicant had stated that he was willing to live with this condition which would require that he receive that approval before the subdivision was approved, but was hesitant to seek Health Department approval at this time because of the investment necessary for the soil's report and possibly a preliminary survey to establish the lot line. In staff s opinion, review and approval of this variance was premature without Health Department approval because it was very likely Health Department approval would not be obtainable and the variance would not serve any purpose for the owners. It was also possible when the subdivision was worked out by a surveyor that additional variances might be necessary and they could not establish that without some more field work being done. Mr. Glen Branham, representative for the Harris family as a friend and neighbor and not a paid agent, asked for the request so that this family property could be divided between the mother and son. He stated that currently the property was 5.39 acres. He indicated that he had contacted the Health Department about getting a soil test for a back up septic for the two septic systems that were there in case one should fail, but their policy was that no review be conducted unless they had a physical survey and a soil test done. For financial reasons the costs would be approximately $1,200 based on estimates and they decided they would get the variance subject to the physical survey and Health Department approval of the site for a back up system. He stated that this case was a hardship since Mr. Harris died in December leaving a wife and children. He also wanted to stress that the property would not look any different tomorrow or ten years from now, except look better. He pointed out that it would not cause any problems or be an eyesore to anyone. He stated that Mr. Harris was present if anyone had any questions. He pointed out that a letter had been written to the Board that they would agree to the conditions that Ms. Patterson had recommended. He pointed out that when the survey was done that there would probably be more acreage than was listed. Mr. Kennedy asked what was adjoining the property, and Mr. Branham replied there was a house which sat on 3 1/2 acres to the north and a farmette to the south. There being no further comment, the matter was placed before the Board. Mr. Cogan stated that -a hardship existed which was not generally shared by others in the same vicinity and did not see where the granting of the variance would prove detrimental to anyone in the area because he was already there. He stated basically it was a technicality that stands in his way and as long as he is willing to go along with the two conditions in the staff report he did not see any problems; but added to condition #1 no further subdivision or dwelling units shall be permitted without amendment to the variance. He stated that if more dwelling units were added that it compounds the problem. He moved for approval of variance VA-91-40 with the 2 conditions outlined by staff with the amendment to OCTOBER 10, 1991 AGENDA 1. VA-91-38 Martha R. SMITH: to reduce setback to allow garage addition to an existing well pump house. Planning has no comment regarding the variance. Recommend the applicant contact the Health Department regarding possibilities of well contamination. Generally, Health Department recommends 100 feet separation from structures which may be termite -treated or where petroleum products are stored. 2. VA-91-46 Georgia LEARE: to reduce lot area related to utilities. Members of Planning and Zoning met several times with the applicant over the last year or so. Of the various alternatives discussed, the current proposal is the least consistent with regulations. Staff opinion is the public water is "reasonably available" to the site and therefore, this property (mathematically at least) could be divided consistent with zoning and subdivision regulation. (i.e. - 2 lots of +/- 40,000 square feet). Even if the property cannot be divided to meet regulation (due to existing development) a more conforming division can be presented. (The current proposal does not contain the required 30,000 square feet building site as required by 4.2.1 and the Planning commission would have to have to waive that provision.) While I am sure everyone is sensitive to the issue that VDOT has condemned the applicant's dwelling the following factors should be considered: 1) The applicant has been compensated for that taking. If the applicant does not believe compensation was adequate, that matter should be addressed between the applicant and VDOT. As stated on earlier occasions I do not believe the Zoning Ordinance should be used as a compensatory tool. Even if zoning were intended as a compensatory tool, the applicant has already been compensated. No hardship exists in this regard. 2) In discussions with the applicant, the notice of combining the residue from the VDOT take to a family member's property was suggested as a "swap" which under certain circumstances could be approved administratively. However, there is not mention of this option in the variance application. If this variance is granted, then the applicant would own two (2) lots which do not conform to zoning regulation. 3) The applicant has not demonstrated that the residue lot from the VDOT take is unbuildable. STAFF PERSON: Amelia Patterson PUBLIC HEARING: October 10, 1991 STAFF REPORT - VA-91-40 OWNER/APPLICANT: Joyce A. Harris TAX MAP/PARCEL: 8/35A ZONING: Rural Areas ACREAGE: 5.3 acres LOCATION• On the east side of Route 664, between Route 622 and Route 671. REQUEST: The applicant requests relief from Sections 4.1.3 and 10.4 of the Albemarle County Zoning Ordinance, which states: "Section 4.1.3 For a parcel served by neither a central water supply nor a central sewer system, there shall be provided a minimum of sixty thousand (60,000) square feet per ... dwelling unit..." "Section 10.4 AREA AND BULK REGULATION Gross Density 0.5 du/ac Minimum lot size 2.0 acres" The applicant would like to give her son his house and neighboring cottage with 2.65 acres of land, leaving 2.65 acres with her house and cottage. The applicant's justification includes: 1. This is a hardship situation. 2. Mr. Harris died in December, 1990. He and Mrs. Harris had wanted their son to have this property. 3. There will be no physical changes to the property. It will look the same. 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: In 1948, the subject property was deeded to Kermit Parrish as one acre, more or less• There re two homes werees at the constructedme. Sometime prior to 1966, two additional Staff Report - VA-91-40 Page 2 In 1974, the property was acquired by the Harrises. Since that time, the property has been enlarged by acquisition of adjoining property - one in 1981 and the other in 1984. RECOMMENDATION: Staff is supportive of the conveyance of property within the family and between generations. The Virginia Code recognizes this and makes exemptions to the local subdivision requirements. Despite these exemptions, the Zoning Ordinance still applies. Staff also supports home ownership in general. It is worthy to note that the houses exist. No further home development is hereby proposed. By the expansion of this property from 1 to 5.3 acres, the Harrises have achieved further compliance, or less density (dus/acre). This has undoubtedly allowed additional land for such as reserve septic area and the like. The current request does not provide more conformity to the Zoning Ordinance, or more land available for septic reserve. By the subdivision line and the probability of different owners of each lot in the future, there is less land available. Because the subdivision plat has not been produced, and Health Department approval received, it is possible that other variances or waivers may be necessary. It is staff's opinion that until Health Department approval has been received, this variance is premature. Planning staff has commented: "If approved, variance be conditioned that a back-up septic site be required for the dwellings currently served by septic system. This would ensure that at least one dwelling on each lot could be provided with adequate sanitation provisions in the future. Staff would oppose any variances for futher division unless basic health requirements can be satisfied." Should the Board find cause for approval, staff recommends the following conditions: 1. No futher subdivision shall be permitted without amendment to this variance. 2. Each lot shall include area for primary and reserve septic area for each house, as approved by the Health Department.