HomeMy WebLinkAboutVA199200015 Action Letter 1992-05-13 COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
May 13 , 1992
Anthony A. Valente
2155 Devonshire Road
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
VA-92-15, Tax Map 62A1, Parcel K20
Dear Mr. Valente:
This letter is to inform you that on May 12, 1992, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
denied your request for VA-92-15.
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,
eabOW., \:2114,eye
Babette Thorpe
Zoning Assistant
BT/sp
cc: VA Land Trust
STAFF PERSON: Babette Thorpe
PUBLIC HEARING: 5/12/92
STAFF REPORT - VA-92-15
OWNER/APPLICANT: Virginia Land Trust (owner)
Mr. Anthony A. Valente (contract purchaser)
TAX MAP/PARCEL: 62A1-K-20
ZONING: R-2 , Residential
ACREAGE: .76 acres
LOCATION: Northfields Subdivision, in northeast quadrant of
intersection of Huntington Road and Route 651
REQUEST: In order to build a three-bedroom house, the applicant
requests relief from Section 4.2 .2 . 1 of the Albemarle County Zoning
Ordinance, which states that building sites shall have adequate
area for location of two septic drain fields.
The applicant's justification includes the following: the lot
cannot be built upon without reducing the size of the reserve
septic field by 50 percent.
RELEVANT HISTORY: This section of Northfields Subdivision was
approved on June 6, 1973 . This lot is vacant; the lots on either
side are developed with single-family houses. In September, 1989,
Virginia Land Company commissioned E. O. Gooch and Associates to
test the soils on this lot for their suitability for septic fields.
This study identified two possible sites for septic fields, one of
which the Health Department rejected because it was located in a
drainage swale.
RECOMMENDATION: The topography of this lot, steeply sloping down
to a drainage swale, makes meeting the requirements for both
primary and reserve septic fields difficult. The size of the house
proposed is standard and not unreasonable for this area.
Generally, staff recommends two options before suggesting that a
property owner seek a variance to reduce the size of septic field
required. Firstly, we ask that the property owner examine the
feasibility of hooking up to public sewer; secondly, we suggest
they discuss with their neighbors the possibility of using adjacent
property to make up the reserve septic field. Given the small size
of adjoining parcels, the second alternative does not seem
practicable.
This lot lies within the Albemarle County Service Authority's
jurisdictional area for public sewer. Both staff and the applicant
have discussed with the Service Authority the feasibility of
hooking up this parcel to public sewer. According to Paul Shoop,
Director of Engineering for the Service Authority, extending public
sewer to this lot would require a regional pump station. When the
service authority petitioned landowners in this area, they
requested that public sewer not be extended to this area. Given
the expense and the landowners' wishes, Mr. Shoop has said that it
is unlikely that sewer will be extended to this property, barring
an emergency.
Staff recommends approval for cause:
1. The applicant has provided evidence that the strict
application of the ordinance would produce undue hardship.
This lot 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. The drainage problems
affecting one of two potential septic sites on this property
are not shared by other properties in the area.
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 granting the variance.
Should the Board approve this variance, staff recommends the
following condition:
1. Approval is for a house with a maximum of three bedrooms. Any
additional bedrooms shall require amendment to this variance.