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HomeMy WebLinkAboutVA199100048 Action Letter 1991-11-13 ;1i ('C�pH AI J I, IIIII r ® 11r ;. ltGl^\N COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 13 , 1991 Hamilton and Juanita Pace Rt 7, Box 186 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-91-48; Tax Map 63 , Parcel 45F Dear Mr. and Mrs. Pace: This letter is to inform you that on November 12 , 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-48, subject to the following conditions: 1) Variance is subject to the Health Department's approval of a well and septic system including reserve septic field to serve the dwelling and the Albemarle County Building Inspection Department's approval of the dwelling itself. 2) The .addition onto the back of the stable will be removed; no portion of the structure shall be closer than 16 feet to the side property line. 3) The structure will be covered with vinyl siding and approved by the Zoning Administrator before a certificate of occupancy be issued. This variance approval allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to convert a stable to dwelling unit 16 feet from the side property line, a variance of 9 feet. If you have any questions, please contact our office. S 'ncerely, a' 04/C ,ft/a? Babette Thorpe Zoning Assistant BT/sp cc: Inspections Department Health Department STAFF PERSON: Babette Thorpe PUBLIC HEARING: 11/12/91 STAFF REPORT - VA-91-48 OWNER/APPLICANT: Mr. Hamilton Pace TAX MAP/PARCEL: 63-45F (part) ZONING: RA, Rural Areas ACREAGE: 2 . 09 LOCATION: On Route 621 approximately . 13 mile east of its intersection with Route 20 North. REQUEST: In order to convert a stable to a house 16 feet from a side property line, the applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: Yards, minimum: Side, 25 feet. The applicant's justification includes the following: 1. It would be more practical and much less expensive to remodel the stable than to build a house somewhere else on the property. The stable has a concrete foundation, is wired for electrical service and is partially insulated. The stable could be made habitable more quickly than a new house could be built and the applicant would like to have the home ready for his son by Christmas. 2 . Remodeling the stable into a home and covering it with siding would make the structure more attractive than it is now. RELEVANT HISTORY: The stable was built 32 years ago, before the County adopted a zoning ordinance. If the structure were to remain a stable, or anything other than a dwelling unit, it would have to meet a six foot setback only from the side property line. RECOMMENDATION: Staff agrees with the applicant that the site occupied by the stable is the most practical location for a house. Placing a home anywhere else on the property would involve removing large trees or sheds, grading or interfering with drainage on the property. Staff believes that the applicant' s proposal satisfies one of the three conditions for approval: 1. 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. As part of the remodeling, the applicant has said he intends to remove a shed added on the back of the stable and cover the cinderblock structure with vinyl siding; therefore, granting the variance would result in a more attractive structure. However, it is staff's opinion that applying the ordinance strictly in this case would not create undue hardship, since a house could be built elsewhere on the property, albeit at greater cost to the applicant. Therefore, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; and 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 approve this variance, staff recommends the following conditions: citilerocecek( 1. Variance is subject t the Health Department's approval of a well and septic syste to serve the dwelling and the Albemarle County Building Inspection Department's approval of the dwelling itself. 2 . The addition onto the back of the stable will be removed; no portion of the structure shall be closer than 16 feet to the side property line. 3 . The structure will be covered with vinyl siding and approved by the Zoning Administrator before a certificate of occupancy is issued.