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HomeMy WebLinkAboutVA199200038 Action Letter 1992-12-09 e4vA‘4,4„:„ gem COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 9, 1992 Herbert W. Ackroyd P. O. Box 666 Crozet, VA 22932 RE: Board of Zoning Appeals Action Tax Map 56D, Parcels D8 and D9 Dear Mr. Ackroyd: This letter is to inform you that on December 8, 1992, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (3 :2) approved your request for VA-92-38. This variance approval allows relief from Sections 4 . 6. 1.3 and 14. 3 of the Albemarle County Zoning Ordinance to reduce the front setback from 45 to 30 feet. If you have any questions, please contact our office. Sincerely, bakik Babette Thorpe Zoning Assistant BT/sp cc: Inspections Department B. VA-92-38 Herbert Ackroyd Babette Thorpe read the staff report as follows: "STAFF REPORT - VA-92-38 OWNER/APPLICANT: Mr. Herbert W. Ackroyd TAX MAP/PARCEL: 56D, parcels D8 and D9 ZONING: R-2, Residential ACREAGE: Parcel D8: 1. 141 acres; Parcel D9: 1.079 acres LOCATION: Claudius Court in Brookwood Subdivision REOUEST: In order to build a single-family home on each of these lots, the applicant requests relief from two sections of the Ordinance: 1) Section 4. 6. 1.3 which requires: a) the width of a lot to equal the frontage required in a particular zoning district and b) the front building line of a lot to be located where the lot reaches this width; and 2) Section 14. 3 which requires that the frontage, and therefore the width, be 80 feet. These two regulations result in establishing a front setback line of 45 feet on each of these lots. The applicant is requesting a variance of 15 feet, to build 30 feet from the edge of the cul-de- sac's right-of-way. The house on Lot 8 would measure about 1080 square feet; the applicant has not yet provided this information for the house on Lot 9. The applicant's justification includes the following: Hardship To build at the required distance would put the roof top below street level on both lots. In addition, on lot 8, it would put a 24-foot wide house next to a one-hundred year flood plain. Uniqueness of Hardship No other lots in the subdivision have such setback requirements, nor do they have building site problems in relation to a floodplain. Character of the Area The aesthetics of the neighborhood will remain the same since almost all the homes are at the 30-foot setback and side lot requirements will be easily met. 10 RELEVANT HISTORY: This section of Brookwood Subdivision was created in 1976, before the current Ordinance was adopted. It was zoned R-1. Public sewer is available and the houses on Lots 8 and 9 will be connected. RECOMMENDATION: Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Lot 8: The property is level with the cul-de-sac for about 30 feet then it slopes steeply down to wetlands and the floodplain. The slopes are 25 percent or greater. Not only would building on these slopes require a lot of fill, which would be an added expense to the applicant, but it would increase the sediment running into the Lickinghole Creek. The building site chosen by the applicant, requiring a building setback line of 30 feet, appears to be the only building site on this lot that would both avoid floodplain and wetlands and encroach upon the smallest possible area of critical slopes. Lot 9: This lot is not as encumbered by floodplain as Lot 8; however, a large percentage of the lot appears to consist of wetlands. This lot also has steep slopes beginning about 30 feet from the cul-de-sac and culminating in wetlands about 70 feet from the cul-de-sac. While it may be possible to build in the wetlands, avoiding the slopes and meeting the 45-foot setback, it certainly would not be desirable, given the proximity of the stream. 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 of the lots in the vicinity have a 30-foot building line and relatively level building sites. The floodplain encroaches upon only three other lots in this neighborhood. 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. Most of the houses in this neighborhood appear to have been built on a 30-foot building line. Given the topography and streams on these lots, granting the variance could prevent substantial detriment to downstream properties. As of October 29, 1992, this Department has received no letters of objection to this request. " Herbert Ackroyd, property owner, stated that he was a builder and did intend to build affordable housing on both the lots. He stated that when purchasing the property from Haley, Chisholm, and Morris he was told there was no problem, but obviously there was. 11 Mr. Rennolds asked when the property was purchased, and Mr. Ackroyd replied 2 1/2 years ago. Mr. Ackroyd stated that basically it was his understanding that the only reason the lots had not been built on was that the lots would not perk, but now public water and sewer were available. He stated that the cul-de-sac was not built to the original design that was submitted, but the building line was currently 65 feet even though in 1976 it was only 30 feet under the previous zoning code. Mr. Bailey stated that it looked like on lot #8, which contained 1. 1 acres, that about 75 percent seemed to be unusable, and asked how much square footage was available that was usable for a house. Mr. Ackroyd stated probably about 2, 000 - 3,000 square feet. He stated that all of the lots in the subdivision except these two have a 30 foot building setback on them. He stated that the two lots had a 80 foot building line which created a 45 foot setback since they did not have minimum frontage when they were developed with no water or sewer. There being no further comment, the matter was placed before the Board. Mr. Van Fossen stated that he had received three calls in opposition to the request of persons living in the area, and he had encouraged them to be present at the meeting. He stated that the persons felt that the lots were unbuildable and since the lots were in the floodplain they felt if the lots were built on that it would have an adverse affect on their property. Mr. Ackroyd stated that the persons in the subdivision did not want the lots built on because the land had been used as a public park for many years. He stated that he had no plans to clear out the wetlands. Mr. Van Fossen expressed concerns since the creek was located on the rear of the property. Mr. Bailey stated that it did not appear that lot #8 was buildable, but felt if the two lots were joined that a house probably could be built on it. Ms. Thorpe voiced concerns that without the variances the earth moving for the house construction might be very significant to the wetlands and marshy area. Mr. Kennedy stated that there was no evidence presented that this would change the character of the neighborhood since the other houses were setback about the same distance. Kennedy stated that if there was no motion, then the request 12 STAFF PERSON: Babette Thorpe PUBLIC HEARING: 11/10/92 STAFF REPORT - VA-92-38 OWNER/APPLICANT: Mr. Herbert W. Ackroyd TAX MAP/PARCEL: 56D, parcels D8 and D9 ZONING: R-2 , Residential ACREAGE: Parcel D8: 1. 141 acres; Parcel D9: 1. 079 acres LOCATION: Claudius Court in Brookwood Subdivision REQUEST: In order to build a single-family home on each of these lots, the applicant requests relief from two sections of the Ordinance: 1) Section 4 . 6. 1. 3 which requires: a) the width of a lot to equal the frontage required in a particular zoning district and b) the front building line of a lot to be located where the lot reaches this width; and 2) Section 14 . .3 which requires that the frontage, and therefore the width, be 80 feet. These two regulations result in establishing a front setback line of 45 feet on each of these lots. The applicant is requesting a variance of 15 feet, to build 30 feet from the edge of the cul-de- sac's right-of-way. The house on Lot 8 would measure about 1080 square feet; the applicant has not yet provided this information for the house on Lot 9 . The applicant's justification includes the following: Hardship To build at the required distance would put the roof top below street level on both lots. In addition, on lot 8, it would put a 24-foot wide house next to a one-hundred year flood plain. Uniqueness of Hardship No other lots in the subdivision have such setback requirements, nor do they have building site problems in relation to a floodplain. Character of the Area The aesthetics of the neighborhood will remain the same since almost all the homes are at the 30-foot setback and sidelot requirements will be easily met. RELEVANT HISTORY: This section of Brookwood Subdivision was created in 1976, before the current Ordinance was adopted. It was zoned R-1. Public sewer is available and the houses on Lots 8 and 9 will be connected. failed. Mr. Bailey moved for denial. Due to the lack of a second, the motion failed. Mr. Van Fossen seconded the motion for denial. The role was called. Mr. Rennolds - No Mr. Cogan - Absent Mr. Bailey - Aye Mr. Van Fossen - Aye Mr. Kennedy - No The motion was defeated. Mr. Rennolds moved to defer to a full hearing. Mr. Van Fossen seconded the motion, and the role was called. Mr. Rennolds - Aye Mr. Cogan - Absent Mr. Van Fossen - Aye Mr. Bailey - Aye Mr. Kennedy - Aye Unanimously (4:0) ruled to defer the request to the December meeting in order to have a full Board present.