HomeMy WebLinkAboutVA199200029 Action Letter 1992-09-11 141�
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
September 9, 1992
R. L. S. Nelson and Laurie L. Loflin
813 Jefferson Street
Charlottesville, VA 22902
RE: Board of Zoning Appeals Action
Variance Application VA-92-29
Tax Map 57, Parcel 58
Dear Mr. Nelson and Ms. Loflin:
This letter is to inform you that on September 8, 1992, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously (5: 0) approved your request for VA-92-29 subject to the
following conditions:
1) Health Department approval of primary and reserve septic
for each proposed lot; and
2) The setback, lot size, and road frontage variances are for
the existing buildings only. Any additions shall comply or
shall obtain variance approval.
This variance approval allows relief from Section 10.4 of the
Albemarle County Zoning Ordinance to subdivide into two (2) lots of
2.876 and 0. 610 acres, each one with an existing house. These
variances are required: 1) Reduce the minimum lot size for one lot
from two (2) to 0. 610 acres; 2) Reduce the front yard setback on
both lots, from 75 to 17 feet and 58 feet; and 3) Reduce the lot
frontage from 250 to 130 feet on Route 680.
If you have any questions, please contact our office.
Sincerely,
lb e . , 116
Amelia G. McCulley, A.I.0 P.
Zoning Administrator
AGM/sp
STAFF PERSON: .melia McCulley
PUBLIC HEARING: September 8, 1992
STAFF REPORT - VA 92-29
OWNER/APPLICANT: Robert L. S. Nelson and Laurie L. Loflin
TAX MAP/PARCEL: 57/58
ZONING: RURAL AREAS
ACREAGE: 3 .486 Acres
LOCATION: On the east and west sides of Route 680, just
off Route 240 at the Mechum's River.
REQUEST:
The applicant requests relief from several sections of the
Albemarle County Zoning Ordinance, in order to subdivide to create
one lot for each of two (2) existing houses, in order for them to
be sold separately. The resulting lot sizes would be 2 .876 (Lot A)
and 0. 610 (Lot B) acres.
The variances are as follows:
1. (Section 10.4) to reduce the minimum lot size for one lot (Lot
B) from 2 to 0. 61 acres, a variance of 1. 39 acres;
2 . (Section 4. 1. 3) to reduce the minimum area per lot not served by
either a central water or sewer system from 60, 000 square feet
(1. 377 acres) to 26, 571 square feet (0. 61 acres) , a variance of
33 ,429 square feet for Lot B;
3 . (Section 10.4) to reduce the front yard setback on both lots
from 75 to 17 (Lot B) and 58 feet (Lot A) , variances of 58 and
17 feet.
4 . (Section 10.4) to reduce the lot frontage requirement from 250
to 130 feet for one lot (Lot B) , a variance of 120 feet.
The applicants' justification includes:
a. The owners no longer share a personal or professional
relationship, and joint ownership has become a burden. The
property has been on the market for 2 1/2 years, and most
people are interested in the houses separately.
b. The houses are much more well suited to individual owners,
like the neighboring properties, rather than their current
rental status. They are located on opposite sides of the road,
and have separate well and septic;
c. There would be no physical change as a result of the variance;
d. There is no other reasonable remedy to obtain the required
acreage or road frontage. The adjoining property owners were
unwilling to sell any land. There is no other reasonable
remedy to obtain the required building setback. The houses
could not be relocated without great expense, and there is no
other practical building site.
Staff Report VA- -29
Page 2
RELEVANT HISTORY:
This property is located along the old Brown's Turnpike, and is
improved with the Harris Miller House and Store. They were
probably erected in 1790 and 1890 respectively.
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:
VA 77-47 Richard P. Thomsen, Jr. was denied for the front setback
request for a house addition to be located 9 inches from Route 680,
and was approved for the reduction of rear setback from 35 to 7
feet.
STAFF COMMENT:
At staff's suggestion, the applicant has pursued the sale and/or
exchange of land with adjoining owners, so as to make a more
conforming situation. This met with no success.
Also at staff's suggestion, the applicant is obtaining a soil
scientist's analysis and Health Department approval of reserve
fields for each house. This is of particular concern for the
parcel which is below even the minimum size recommended for
individual septic service, and which contains flood plain.
Unless there is evidence of some existing or potential health or
safety hazard, such as failing septic fields, staff typically finds
this type of request to maintain and not be detrimental to the
character of the area or to adjoining properties. In light of
their historical significance, they could be said to add to the
character of the area.
Staff concurs with the applicant's justification, but will not
include the point of market feasibility.
STAFF RECOMMENDATION:
Staff recommends approval for cause:
1. The applicant has provided evidence that the strict application
of the ordinance would produce undue hardship.
There are no remedies within their control which would be
practical or economically feasible.
Staff Report - \ 2-29
Page 3
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.
Staff is unaware of any situation with existing development in
such locations on small acreage.
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.
There will be no apparent change. The form of occupancy may
change from rental to owner-occupied.
Should the Board find cause for approval, staff recommends the
following conditions:
1. Health Department approval of primary and reserve septic for
each proposed lot;
2. The setback variances are for the existing buildings only. Any
additions shall comply or shall obtain variance approval.
AGM/sp