Loading...
HomeMy WebLinkAboutVA199200019 Action Letter 1992-07-15 S/ds/dNVV 1o4e.z4sTuTuupV buTuoZ uosaagged • eTTaUIV -�d - tip 'ATa.taouTS •aoT33o ano gopquoo aspaTd 'suoTgsanb /WE aneg noA 3I •4aa3 oq 5L atom; xopggas 4uom3 aqq aonpam oq pup 4aa3 ST oq SZ ut.zo3 xoeggas apTs agq aonpam oq aoupuTpmo buTuoZ Aqunoo aTmeutagTv aqq 3o 17•0T uoTgoag nto.z3 3aTTam stoTTP TeAo.tdde 80UPTJPA STgs •ATuo UV VS8T-T6# 4-Plead buTpTTng .zo3 pagTutTT aq TTuQgs Tpno.zddV (£) •Agmadoad apTs pup ppom aqq uuoz3 gomod aqq mapun game abpmogs uaa.zos O . uoT.Tppp aqq MoTaq pamp agq oq pappp aq Timis sTaupd aoTggpi (Z) •asnog alp put oq uoTgTppe aqq uo buTpTs TAuTA asn TTuQgs qupoTTdde aqs (T) :suoTgTpuoo buTMOTTo3 eqq oq goacgns '8T-Z6-VA mo3 gsanbam mnoA panomddp (0 :S) ATsnoutTupun papog aqq 'sTpaddV buTuoZ 3o pmpog Aqunoo aT.zputagTy aqq 3o buTgaaut exp. buT.znp ' Z66T 'i7/T ATnr uo gpgq noA maoJuT oq sT .zaggaT STILL :uos)[oer •aw apaa 017T Taoapd '17S dew xpy 6T-Z6-VA 'uoTgpoTTddV aougTm A uoTgov sTeaddy buTuoZ 3o pmpog :gd . 8fi'6ZZ VA 'poofuaa1S 917 xog 'T agnog uosxopr •s ugor Z66T `ST ATnr SL8S-96Z (1708) 96St-106Z3 quib11A 'awAsaU;ope4D peon a.n;uLD AJ TOfi buiuoZ Jo Tuawpedaa TDIVINI3E IV 3O AIMflO3 • mod, ,^ Wry REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "10.4 AREA AND BULK REGULATIONS Yards, minimum Front. . .75 feet Side. . .25 feet" The applicant seeks a variance to reduce the rear setback from 35 feet to 4 feet and to reduce the side setback from 25 feet to 15 feet for a 16 foot by 11 foot addition that is already partially constructed and under roof. The applicant applied for a building permit but started construction prior to the permit being approved and issued. The use of the new construction will be a covered porch and storage area. The applicant's justification includes the following: 1) The house is very small at only 760 square feet. 2) The lot measures only 98 feet by 80 feet. Under the current setback regulations no addition or accessory structure can be built without a variance. 3) The addition will be approximately 100 feet from the house on the adjacent lot. 4) The addition will be 150 to 200 feet from the westbound lane of Interstate 64 and is screened from view by existing trees and vegetation. RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precedent-setting. The following history is provided for information: The single family home was built in 1962 . In 1966, the depth of this property was decreased from 123 feet to 80 feet for right-of- way and the construction of Interstate 64 . RECOMMENDATION: Authorization of this variance should not be of substantial detriment to adjacent property nor change the character of the district. There are six other homes clustered in the immediate area, including both of Mr. Jackson's neighbors, that do not conform to the current setback requirements due to the construction of Route 64, or to the fact that these homes were built prior to 3 the adoption of the Zoning Ordinance. It is also apparent that this hardship is not shared by other properties in the same zoning district and vicinity with the exception of Mr. Jackson's immediate neighbors along Route 64. Staff is sympathetic to Mr. Jackson's position and problems with lack of space. However, as with past applications, staff does not consider construction of porches and storage areas to be necessary for reasonable use of the property. Because the applicant proceeded without proper approvals, the hardship of removing the storage area is self-imposed. Therefore, the applicant has not provided evidence that a strict application of the ordinance would produce an undue hardship, and staff must recommend denial of this application. Should the Board find cause for approval, staff recommends the following conditions: 1) The applicant shall use vinyl siding on the addition to match the house. 2) Lattice panels shall be added to the area below the addition to screen storage area under the porch from the road and side property. 3) Approval shall be for Building Permit 91-1854 AR only. " Mr. John Jackson, property owner, stated that he needed the space for storage due to the small size of his house. Mr. Kennedy asked if a variance would be required if the structure were detached, and Mr. Grady stated that a detached structure would still need a variance since Route 690 & I-64 were on both sides. Mr. Bailey asked if property was taken off the lot for I-64, and Mr. Grady stated that 43 feet was taken off the property prior to Mr. Jackson's purchase. Mr. Kennedy asked if he was aware of the conditions suggested by staff, and Mr. Jackson agreed to the conditions since he was planning to do that anyway. Mr. Cogan stated that there were a number of things to consider being the small area lot, the close proximity to Interstate 64 and the small size of house. He stated that the hardship was not shared by others and was not detrimental to his neighbors. There being no further comment, the matter was placed before the Board. Motion for approval was offered by Mr. Cogan subject to the three conditions recommended in the staff report, and seconded by Mr. Bailey. 4 STAFF PERSON: John Grady PUBLIC HEARING: July 14, 1992 STAFF REPORT: VA-92-19 OWNER/APPLICANT: John T. Jackson TAX MAP/PARCEL: 54/14C ACREAGE: . 177 acre ZONING: Rural Areas LOCATION: On the southeast side of Route 690 approximately three-tenths of a mile northeast of the Interstate 64 overpass. REQUEST: The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which states: "10. 4 AREA AND BULK REGULATIONS Yards, minimum Front. . .75 feet Side. . . 25 feet" The applicant seeks a variance to reduce the rear setback from 35 feet to 4 feet and to reduce the side setback from 25 feet to 15 feet for a 16 foot by 11 foot addition that is already partially constructed and under roof. The applicant applied for a building permit but started construction prior to the permit being approved and issued. The use of the new construction will be a covered porch and storage area. The applicant's justification includes the following: 1) The house is very small at only 760 square feet. 2) The lot measures only 98 feet by 80 feet. Under the current setback regulations no addition or accessory structure can be built without a variance. 3) The addition will be approximately 100 feet from the house on the adjacent lot. 4) The addition will be 150 to 200 feet from the westbound lane of Interstate 64 and is screened from view by existing trees and vegetation. Staff Report - VA-92-19 Page 2 RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precedent-setting. The following history is provided for information: The single family home was built in 1962 . In 1966, the depth of this property was decreased from 123 feet to 80 feet for right-of- way and the construction of Interstate 64 . RECOMMENDATION: Authorization of this variance should not be of substantial detriment to adjacent property nor change the character of the district. There are six other homes clustered in the immediate area, including both of Mr. Jackson's neighbors, that do not conform to the current setback requirements due to the construction of Route 64, or to the fact that these homes were built prior to the adoption of the Zoning Ordinance. It is also apparent that this hardship is not shared by other properties in the same zoning district and vicinity with the exception of Mr. Jackson's immediate neighbors along Route 64. Staff is sympathetic to Mr. Jackson's position and problems with lack of space. However, as with past applications, staff does not consider construction of porches and storage areas to be necessary for reasonable use of the property. Because the applicant proceeded without proper approvals, the hardship of removing the storage area is self-imposed. Therefore, the applicant has not provided evidence that a strict application of the ordinance would produce an undue hardship, and staff must recommend denial of this application. Should the Board find cause for approval, staff recommends the following conditions: 1) The applicant shall use vinyl siding on the addition to match the house. 2) Lattice panels shall be added to the area below the addition to screen storage area under the porch from the road and side property. 3) Approval shall be for Building Permit 91-1854 AR only.