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HomeMy WebLinkAboutVA199100045 Action Letter 1991-09-26 1 AAI.Iic, � Z J1 YkG11`112 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 26, 1991 Barry and Joyce Yancey 1635 Running Deer Drive Keswick, VA 22947 RE: Board of Zoning Appeals Action Tax Map 94, Parcel 96 Dear Mr. and Mrs. Yancey: This letter is to inform you that on September 26, 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-45, subject the following conditions: The variance is for the existing structure only, no portion of which shall lie any closer than 44 feet to the right-of-way of Running Deer Drive. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to amend existing variance from 28 to 31 feet to allow an existing house to remain 44 feet from Running Deer Drive. If you have any questions, please contact our office. Sincerely, (galeilk IrtA9Ye- Babette Thorpe Zoning Assistant BT/sp • STAFF PERSON: Babette Thorpe PUBLIC HEARING: 9/26/91 STAFF REPORT - VA-91-45 OWNER/APPLICANT: Mr. and Mrs. Barry and Joyce Yancey (contract purchasers) TAX MAP/PARCEL: 94-96 ZONING: RA, Rural Areas ACREAGE: 2 . 092 LOCATION: Running Deer Subdivision off Route 808 REQUEST: In order to allow an existing house to remain as built 44 feet from Running Deer Drive, the applicants request relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: Yards, minimum: Front, 75 feet The location of the house would require a variance of 31 feet. An earlier variance, VA-78-46, granted a variance of 28 feet. The applicants request that this variance be amended to 31 feet, which would allow the house to remain in its present location. The applicant's justification includes the following: 1. It would be a hardship to move the existing house; nor is moving the road feasible. 2 . The construction of the house had begun before the original variance was sought; therefore, VA-78-46 was intended to grant all the relief required by the structure as it now stands. The house has not been enlarged; nor has the alignment of the road changed. 3 . It is possible that County staff did not measure correctly the distance between the house and the right- of-way when VA-78-46 was approved. HISTORY: VA-78-46 was approved on August 8, 1977 (attached) . On April 15, 1985, Mr. Frank A. Gregg completed a physical survey that shows the house lying slightly over 47 feet from the right-of-way of Running Deer Drive. When Mr. Canody, the current owner, agreed to sell the house to the Yancey's, their lender required a second physical survey as part of the financing arrangement. According to this second survey, completed by Gary M. Whelan on August 30, 1991, the house lies 44 .4 feet from the right-of-way of Running Deer Drive, 2 . 6 feet closer than allowed under VA-78-46. RECOMMENDATION: Staff agrees with the applicants' analysis of the problem and the hardship incurred. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. The house could not remain where it is without this variance. 2 . The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3 . 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. Approving this variance would cause the house to be no more obtrusive than the location authorized by VA-78-46. Should the Board approve this request, staff recommends the following conditions: 1. The variance is for the existing structure only, no portion of which shall lie any closer than 44 feet to the right-of-way of Running Deer Drive.