The URL can be used to link to this page

Home My WebLink AboutVA199200041 Application 1992-12-14 County of Albemarle Department of Zonin 401 McIntire Road Charlottesville, VA 22902-4596 dry (804) 296-5875 FAX (804) 972-4060 VA- I°�' jA) DATE: 12/14/92 FEE: $95 . 00 P4 STAFF: CAP VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Hydraulic Sand Company, Inc. Name c/o Steven & Tamny Swingle Phone ($04 ) 795 —0047 Address Post Office Box 4, Charlottesville, Virginia 22902 APPLICANT (if different from above) Name Phone ( ) - Address npj .CONTACT PERSON (if different from above) Name George.H. Gilliam Phone (804 ) 296 -71 h 1 Day Phone ( ) — Address Post Office Box 2737, Charlottesville, Virginia 22902 LOCATION: 1805 Avon Street Extended (TM90. Parcel 35D) PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THTc cuvrm Inc. (owner) . Property located on 1) VA 92-41. Hydraulic Sand Company, Rt 742 approx 1 mi N of the Rt 20 S and Rt 742 inters on the E side of Rt 742. Zoned R-1, Residential, in EC overlay. TM90/P35D. Variance in R-1, Residential to Highway conjunction with proposed rezoning fthe side setback from 50 to 40 ft Commercial. Variances to 1) reduce con the N property line and to reduce the side setb reducethe to 19 ft on the S property line for an existing gar ge.ene and to reduc the side setback from 50 to 29 ft on the S property setback from 50 to 40 ft the the streetrfrontage line forfor establishment of existing a dwelling unit; 3) reduce Highway Commercial district from 150 to 124 ft; 4) reduce the parking setback for commercial adjacent to residential from 20 to 4 ft. \qlr\ BZA A TION: 4veL tL4""` A. S coad'.�;v s ►iS+ ��•-� /fi4 3 The property is described as follows: ALL that certain lot or parcel of land with improvements thereon and appurtenances thereunto belonging, lying in Albemarle County, Virginia, on the south side of Avon Street Extended, containing 2 . 3766 acres, more or less, as shown and described on plat of physical survey thereof made by B. Aubrey Huffman & Associates dated November 11, 1983, entitled "Physical Survey of 1805 Avon Street Extended, " of record in the Clerk' s Office of the Circuit Court of Albemarle County in Deed Book 781, page 472 . BEING the same property acquired by deed form Donald William Hoy and Deborah Via Hoy, husband and wife, dated March 8, 1985, recorded December 17, 1985 in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 862 , page 200. Applicant requests a variance from the 50 ' setback requirements of § 24 . 3 of the Ordinance and from the frontage requirements along Avon Street. The property was acquired in good faith and is exceptionally narrow, with only 124 . 18 ' frontage. The area in which the property is located is becoming increasingly commercial in character and use. Strict application of the terms of the ordinance would unreasonably restrict the use of the property and would render the property unbuildable for all practical purposes. This variance is being sought in connection with a proposed rezoning of the property from RA to HC. In connection with the rezoning, the Applicant has proffered to complete and maintain the landscaping shown on the attached planting plan dated April 7 , 1992 , and has proffered not to use the property for any of the uses for which a special use permit is required by § 24 . 2 . 2 of the Zoning Ordinance, except § 24 . 2 . 2 (8) and /10) and would not use any of the uses described in § 24 . 2 . 1 except items 35, 36 and 37 . LAW OFFICES PAXSON, SMITH, GILLIAM & SCOTT A PROFESSIONAL CORPORATION POST OFFICE BOX 2737 CHARLOTTESVILLE,VIRGINIA 22902 418 EAST WATER STREET (804) 296-2161 FAX (804) 293-2073 December 14, 1992 HAND DELIVERY TIVEr The Honorable Amelia McCulley ` Zoning Administrator DEC 14 1992 bad ��d County of Albemarle 401 McIntire Road ALBEMAAi JN7,, Charlottesville, VA 22901-4596 ZONINGDEPAHTiviE Dear Amelia: Thank you very much for taking the time to review the draft zoning variance application, which we have drafted for Hydraulic Sand Company, Inc. , with me. I have enclosed the application for filing. Along with this law firm's check payable to your office for $95. 00 for the filing fee. I also have attached a copy of the physical survey of the property, a copy of a physical survey with an overlay which shows the buildable area on the property if the side yard setback requirements were strictly enforced, and a copy of the site improvements which the applicants have proffered. Do not hesitate to let me know if you need additional copies of any of these enclosures. With every good wish, Sincerely yours,4oG ge H. Gilliam GHG/cd Enclosures cc: Mr. William D. Fritz Frederick W. Payne, Esquire Mr. and Mrs. Steven Swingle 37787 4v 4. i . ARrr, F.I1I il1AV No. :.170 in AREA ettr.�• w,";,' - a;,c : [ . MEETING . k SETBACK -.``'r. • REQUIREMENTS .,/ S, rt, ,iief It f" .. '1► A' :I; I ' It ,,.' !I T Al. 1,. O / sii i:I1WIII •�144.• tt,t5- -..f. be •B n TAB• a �_G.A.,rA Y .9 f Oc A- �I /rr.~se f q AAlle-1 ,¢r E«p- � ,ShocJ S vY � 1� r�.,,ca..r �" ' �ftc . P.,IC.�G r 1 •:M. vo g v ;$ /WIG ON L,NE . .J• y + .v.u"C'/t,.,"w. IP l7`T f7E z.ROUTE yyc -- 70 la•r.+rwr rr..•,Zo .-._._.-- • • l.S]c.cle .Cr.A,y.1.,....•/. . NY IS/CAL lSY/,r VGY l5`NOw/A/C4 LU,••✓S •(:_I ,�.v..l /8O5 A VON lSTREE T EX TENOEO ITCAGG.:/.../00 AG.6GM,l,t(C COUNTY, V//TG/N/A -1•-•.'GY 2G, ,.,Cy B. ALiall Y H[/FFMA/V "1A/O el ir5O C/A 7"EY, 47"0. C/V/L. G/..V l /NG -L/NO l.Te./.4 Perti.VG-[AND,. AWING C/,A,CGOTTC'TV/GG E, Y//VG/N/A toLTE/M/-vv/3 . f,e• Z/4- 7-NA7' AS TO CLRr//-Y 7,447 ON -'_.' 2C.e /9B9 , I ISURYEYep Th'E PRQPE/?TY IShCIVN ON TN/S PG AT 4,4/0 THAT THE T/rGE GINEt9 4NO W1,4443 OP' THE BU/GO/NG3 ARE SHOWN He•/fEON. el/IL ' ARTHUR F. E0b4.4 CGc3: ClET/P/OATC // NOTE P/fOPCRTY /S Nor/N THE N!/0 D.E./NEWA "�� /OIO Y64.1' "'coop TONE. Ri11{3IfEf f. 1 J No. li76 pet roc np TAR• O M, p K • 7 "1",R,lgi5'.a r. so, LLQ p //z2 3'TG34Y .sc o<A- T44 %.0 A h 4 A.PAGF P%MP M1Ni5 P,R ECECTAVC lti4 viCC • •/oU SG - • f - ..-I 2,•_ PAR,("LTG .W watt. 7•'M. g.VO .e IY 0 .PL oN GI•vE kS;IAS'/B 6. Q.03' GJ' N.0.54'W.7/W. /O.OG• ITTATE ROUT TOOe�c erE,�a E 7's'•Z PHY0"/CAC lrtHr 1.THO v/A/ /806- A VON 1STREE T EXTENDED lS'CAGE:/��/00 A4•6EMAAGe COUNTY, V/?G/N/A Jv6Y 2Ce, /7B9 6. AU6/CEY N "i I4N i1N0 , 5s5OC/.97'ES/ 47'0. C/v/L. ENG/,jEER/NG-GANG, ISURI/Ey/NG LANO, .$NN/NG CNA4.407-7ELSL'/LLE, k/RG/,V/A ALBEMARLE COUNTY 76 /. . / 2. `............................;„..........-- ......._, ik NA. leg • A-92-41 Hydraulic Sand Co. , atee---- -er- C*. • 3 Tax Map 90, Parcel 35D Inc. 3SF 1.7- _ _�_ a `3s►r S S E[ 9 ' ^P ]R ,.. 4. '. :( -7z- i ��•/ 1 . ki.'N. 1.4 „ v� `\ / ,••• 'Rty 14 ti9 41-A.! :.47 ( .4 . ( ""4.7.' 33 6,40_is • :y:/: ) .' •3233A N:p AyUo \''� / ss , <a 2w • I - I:"'j\>1 89 • / \ --- 4/\ -1-- \ 91 \ / WELL LOT t•s III 9 NJ L . ---74--- /40&44 ----7 • 44'' ' ,i a.•+V \ in / . ' (: ' *\ ''.1r ..\... .<_ - )-- N__. c.-71--- . \\ in J X - J / 16A ` / eV �3 cal 4‘ ' -.1/ 9A \ Y Z . sle // 1 /,• \ . . " 10 I 7.„( I \ 14A I 10 0 \ \/' -7 12 ly ----.-.'.. , ...-. - 1:44. 47:'9.2s/lai ....,/: • .� �.\'--- , '\J1 ) , IOE 100 , IO S I • / "�q• ---.------_ .tmk4;'� i/ii)? EVIBE" 1.4-_1r 102 M•AGRICULTURAL&FORESTAL DISTRICT SAMUEL MILLER AND SCALE . FEET SECTION 90 — ' SCOTTSVILLE DISTRICTS LAW OFFICES PAXSON, SMITH, GILLIAM & SCOTT A PROFESSIONAL CORPORATION POST OFFICE BOX 2737 CHARLOTTESVILLE,VIRGINIA 22902 418 EAST WATER STREET (804) 296-2161 • FAX (804) 293-2073 ' January 19, 1993 RECEIVED HAND DELIVERY JAN 19 1993 The Honorable Amelia G. McCulley ALBEMARLE COUNTY Zoning Administrator ZONING DEPARTMENT County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 Re: Hydraulic Sand Co. , Inc. Dear Amelia: On January 18, 1993, my client hand delivered to me a copy of John Grady's staff report on this variance application which was transmitted to my client by letter dated January 8, 1993 . I was a little bit surprised that my client had to deliver this to me. I thought that the practice was for the staff to send a copy to the attorney who was representing the applicant. Given the prior history of this case, you can appreciate my concern. I have questions about a couple of items in the staff report. First, when you and I talked during the second week of December, you stated that the variance application would be considered on the assumption that the rezoning had been granted by the County of Albemarle Board of Supervisors. According to my notes, you graciously provided suggested language for me to use in the application. Now, however, the staff recommends denial; but it would change its recommendation if the Board of Supervisors approves the rezoning. I understand that in the event the Board of Supervisors does not approve the rezoning, any BZA approval would be withdrawn for the variance. It seems that we were misled when we were told that this would be considered on the assumption that the Board of Supervisors had approved the rezoning. Second, the report states "On August 12, 1992 the Zoning Department issued a Notice of Violation to Hydraulic Sand Company for conducting a commercial business in a residential zone. The Department is still investigating this issue at this time. " I do not understand why, if you are going to inject that issue into the report, you do not also state that after a full trial, the General f AXSON, SMITH,GILLIAM & SCOTT, P C. The Honorable Amelia G. McCulley Page Two January 19, 1993 District Court declined to convict the Swingles of a zoning violation. Further, it was my understanding from the County Executive that no investigation into this issue was ongoing. I need your guidance as how to proceed. The Department of Planning and Community Development has taken the position that the Board of Supervisors cannot approve this request without a variance first being granted. You now are stating that this variance request should not be approved without prior action from the Board of Supervisors. This flies in the face of what you told me during our December discussions and places my client in a Catch-22 . I would appreciate an immediate meeting with you and the County Executive and the Director of the Department of Planning and Community Development to discuss the apparent conflicts between the positions being taken by the various arms of the County. With every good wish, Sinc ely, , :: eorge H. Gilliam GHG/cd cc: Mr. Robert G. Tucker Mr. William D. Fritz Mr. and Mrs. Steven Swingle Frederick W. Payne, Esquire 37787 LAW OFFICES f AXSON, SMITH, GILLIAM & SCOTT A PROFESSIONAL CORPORATION POST OFFICE BOX 2737 CHARLOTTESVILLE,VIRGINIA 22902 418 EAST WATER STREET (804) 296-2161 FAX (804) 293-2073 January 26, 1993 HAND DELIVERY The Honorable Amelia G. McCulley Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 Re: Hydraulic Sand Company, Inc. Dear Amelia: This confirms our telephone conversation of Monday, January 25, 1993 . As I related to you, my mother was found comatose in her house last Wednesday, having apparently been in that condition for almost two days. We have placed her in Martha Jefferson Hospital, in the intensive care unit, where she has been since last Wednesday. At this time, we are in the process of running lots of tests on her to determine what caused this state. As I mentioned to you, she drifts in and out of consciousness. In these circumstances, I feel like I would be doing my client a disservice to bring this case before the Board of Zoning Appeals. I greatly appreciate your willingness to permit a continuance. We will get together in the next week or so to reschedule this matter, and to discuss other aspects of the case. Again, many thanks for your consideration in this time of personal need. Sinc ely yours, G rge H. Gilliam GHG/cd 37787 'N -.._ -- i yi '?4 , JAN 2 1993