HomeMy WebLinkAboutVA199100047 Action Letter 1991-10-09 (2) ��off AIJJF,
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
October 9, 1991
Michael F. Garvey
13 Grandview Manor
Waynesboro, VA 22980
RE: Board of Zoning Appeals Action
Howard Carr, VA-91-47
Tax Map 69A, Parcel 22
Dear Mr. Garvey:
This letter is to inform you that on Ocotber 08, 1991, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
denied your request for VA-91-47 .
Anyone aggrieved by a decision of the Board can appeal their
decision to the Circuit Court of Albemarle County within thirty
(30) days of the decision.
If you have any questions, please contact our office.
Sincerely,
� -, C7
John Grady
Deputy Zoning Administrator
JG/srp
STAFF PERSON: John Grady
PUBLIC HEARING: October 8, 1991
STAFF REPORT - VA-91-47
OWNER/APPLICANT: Howard Carr (owner) , Michael Garvey (applicant)
TAX MAP/PARCEL: 69A/22
ZONING: Rural Areas
ACREAGE: . 9
LOCATION: Property located on the southeast corner of
Blue Ridge Drive and Greenwood Drive in Blue
Ridge Acres Subdivision.
REQUEST:
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"AREA AND BULK REGULATIONS
Yards, minimum:
Front. . .75 feet"
The applicant requests a 15 foot variance in order to build a
house 60 feet away from the right-of-way of Greenwood Drive. A
building permit has been submitted.
The applicant's justification includes the following:
1. The lot in question is of limited size ( . 9 of an acre) , very
narrow, and located on a corner.
2 . The building area is further limited by the inconvenience of
having to meet a 75 foot front yard setback along two property
lines.
3 . In excess of 600 dollars has already been spent in foundation
and footing preparation.
4. The majority of the homes in this subdivision do not meet the
75 foot setback and are well below the 60 foot setback we are
requesting.
5. The current foundation location was thought to be the most
practical because it centered the house on the lot and would
allow decking and some privacy to the rear yard.
Staff Report - VA-91-47
Page 2
RECOMMENDATION:
Staff agrees with the applicant that the location chosen does
appear to be the most practical as it will center the house on the
lot. Staff also feels that the applicant has met one of the
criteria for approving this variance. The majority of the homes
in this subdivision were built between 1964 and 1976 and enjoyed
the right to use a 30 foot front yard building setback. Because
most of the homes are closer to the roads in this subdivision than
the applicant's request authorization of this variance would not
appear to be a detriment to adjacent property nor change the
character of the district. However, the applicant has not meet
the criteria listed below . Therefore, staff recommends 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 limited to the building permit #90-373 only.
2 . Construction shall begin within one year of the date of
variance approval.