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HomeMy WebLinkAboutVA199200007 Action Letter 1992-04-15 Ayy COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 15, 1992 Alice Shifflett P. O. Box 258 Greenwood, VA 22943 RE: Board of Zoning Appeals Action Tax Map 85, Parcel 11 Dear Ms. Shifflett: The Albemarle County Board of Zoning Appeals, at its meeting on April 14, - 1992, by a vote of 5: 0, approved your request for indefinite deferral of the above-referenced request. If you have any questions, please do not hesitate to contact me. Sincerely, Babette Thorpe Zoning Assistant BT/st cc: VA-92-07 41114,AL��,• Y ��RGIN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 21, 1992 • Alice Shifflett P. 0. Box 258 Greenwood, VA 22943 RE: Board of Zoning Appeals Action For VA-92-07 Tax Map 085, Parcel 11 Dear Ms. Shifflett: This letter is to inform you that on May 20, 1992, during the special meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-92-07, subject to the following conditions: 1) Before a building permit will be issued, the applicant must present a recorded septic easement for the approval of the Zoning Administrator and County Attorney. This variance approval allows relief from Section 4 . 2 . 1. 1(a) and 4. 1. 6 of the Albemarle County Zoning Ordinance to place a septic/reserve field for a new home on an adjoining property. If you have any questions, please contact our office. Sincerely, &drelle Babette Thorpe Zoning Assistant AMP/st cc: Thomas Jefferson Health Department Inspections Dept. File Cora Lee Fisher STAFF PERSON: Babette Thorpe PUBLIC HEARING: 05/20/92 STAFF REPORT - VA-92-07 OWNER/APPLICANT: Ms. .lice Shifflett TAX MAP/PARCEL: 85-11 (Parcel 2) ZONING: RA, Rural Areas ACREAGE: Parcel 1: 4.58 ; Parcel 2 : .586 LOCATION: On south side of Route 693 , approximately .4 mile west of its intersection with Route 695. REQUEST: The applicant requests relief from Section 4 . 2 . 2 . 1 (a) and 4. 1. 6 of the Albemarle County Zoning Ordinance, which requires two septic drain fields to be located on site for each dwelling unit and a building site of 30, 000 square feet. An adjoining property owner, Mr. Henry M. Chiles, has agreed in writing to allow Ms. Shifflett to place the reserve septic field required on his property. It appears that Ms. Shifflett has a building site of approximately 25, 000 square feet. The applicant' s justification includes the following: It would be a hardship for my family if I were unable to put a home on this parcel of land, due to the fact that my mother is old and needs someone there that can help her. RELEVANT HISTORY: Several months ago, Ms. Shifflett contacted this Department about a special use permit for a mobile home. As part of this process, she and her mother asked the Zoning Administrator to determine how many parcels of record make up Ms. Fisher's property. After some research, the Zoning Administrator determined that this property consists of two parcels of record: one of .586 acres; the second, of 4 . 580 acres. There are two houses on the larger parcel, none on the smaller. Since this determination, Ms. Shifflett has decided to place a modular home, rather than a mobile home on the smaller lot. Therefore, a special use permit is no longer required. RECOMMENDATION: Staff had initially suggested that Ms. Fisher and Ms. Shifflett redivide the property to bring the small parcel more closely into conformity with the Zoning Ordinance. However, the topography of this property would make such a division difficult. There appears to be a building site to the rear of the property, but a driveway to reach the site would have to be built across the stream traversing the property. The property also slopes upward steeply toward the rear. Since this property lies in a watershed of a public drinking water impoundment, all buildings and septic fields must be set back at least 100 feet from the edge of the stream (Sec. 4 . 2 . 1) . This setback could not be :net on the property for both the primary septic field and the 100 percent reserve required. According to Mr. Craun of the Health Department, only the primary field could fit on the lot Ms. Shifflet intends to develop. It is also important to note that the house Ms. Shifflett would like to build is modest in size, a three-bedroom dwelling measuring 912 square feet. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. This parcel of record would be unbuildable without a 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. Most parcels, even non- conforming ones, are large enough to provide the 30, 000 square feet of building site and two septic fields. 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. If the Board should approve this request, staff recommends the following condition: 1. Before a building permit will be issued, the applicant must present a recorded septic easement for the approval of the Zoning Administrator and the County Attorney. iJ(cic C Ca‘`0�• ,Adu it STAFF PERSON: Babette Thorpe " >/U�-`1 PUBLIC HEARING: 04/14/92 d"�l O,`', f- �? Ali ; !i 1,A 1 p V ST Y, r, r _xj.F i i l G ttA' / Ln ) `�' flE It :.-t �t //C1�� OW // TA 2) /- C, _�� 1 - 4 ? �� ZO s AC 8 ; LO )f F '- te] REvui,i . 'Lac alrlal lt.cail t cy.uc.� re E the Albemarle County Zoning Ordina drain fields to be located on sit( 3 building site of 30, 000 square feet Mr. Henry M. Chiles, has agreed in t to place both septic fields on his Shifflett has a building site of ap The applicant's justification includes the following: ). c 4 `- It would be a hardship for my family if I were unable to put i\ �!,( .r ` a home on this parcel of land, due to the fact' that my mother ;,i' is old and needs someone there that can help her. Lk RELEVANT HISTORY: Several months ago, Ms. Shifflett contacted this - ,,,i Department about a special use permit for a mobile home. As part - of this process, she and her mother asked the Zoning Administrator c� p,:.', to determine how many parcels of record make up Ms. Fisher's �LWproperty. After some research, the Zoning Administrator determined r that this property consists of two parcels of record: one of . 586 acres; the second, of 4 .580 acres. There are two houses on the larger parcel, none on the smaller. Since this determination, Ms. Shifflett has decided to place a modular home on the property, rather than a mobile home. Therefore, a special use permit is no longer required. RECOMMENDATION: Staff had initially suggested that Ms. Fisher and Ms. Shifflett redivide the property to bring the small parcel more closely into conformity with the Zoning Ordinance. However, the topography of this property would make such a division difficult. There appears to be a building site to the rear of the property, but a driveway to reach the site would have to be built across the stream traversing the property. The property also slopes upward steeply toward the rear. Placing the septic fields on Mr. Chiles property would allow them to lie much farther from the stream and Mrs. Fisher' s well. [phone call in to Peyton about whether this is a blue line stream] _ iv)u_,/6 1Li`k.ci _ /6 1 �,/3 ir1.�q ici K'OCc, ("F-C�-Lelia, ,,� ,A kit" f �t 'I`4 Staff recommends approva or c fie: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. This parcel of record would be unbuildable without a 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. Most parcels, even non- conforming ones, are large enough to provide the 30, 000 square feet of building site and two septic fields. 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.