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HomeMy WebLinkAboutVA199300021 Action Letter 1993-06-01 �pF ALBc, 1 4JY �IRGINP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 01, 1993 T. Randy Snoddy Route 1, Box 121 Earlysville, VA 22936 RE: Board of Zoning Appeals Action, VA-93-21 Tax Map 19, Parcel 46D Dear Mr. Snoddy: This letter is to inform you that on June 01, 1993, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (3:0) unanimously approved your request for VA-93-21, subject to the following condition: 1) The approval is for the existing house only. Any additions/expansions shall comply with the Zoning Ordinance or shall require amendment of this variance. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front setback from 75 to 67 feet and the side from 25 to 10 feet, for an existing house. If you have any questions, please contact our office. Sincerely, (4606lA`I'r t(24.e)f Amelia G. McCulley/ A.I.C.P. Zoning Administrator AGM/sp cc: Inspections STAFF PERSON: Amelia McCulley PUBLIC HEARING: June 1, 1993 STAFF REPORT - VA 93-21 OWNER/APPLICANT: T. Randy Snoddy, Jr. TAX MAP/PARCEL: 19/46D ZONING: RA, Rural Areas ACREAGE: 2.0 acres LOCATION: On the north side of Route 817, approx. 500 feet off the west side of Route 604 about 1 mile north of the intersection with Route 664. REQUEST: The applicant requests variances from Section 10.4 of the Albemarle County Zoning Ordinance, to allow an existing house to remain as-built. This involves a reduction of the front setback from 75 to 67 feet and of the side from 25 to 10 feet. These are variances of 8 and 15 feet respectively. This house was built with all the proper County approvals, in 1977. It has only been discovered now during refinancing of the property, that these two setbacks are not in compliance. There is no easy remedy to the encroachment into the front setback. It would involve a public road right-of-way abandonment and/or realignment. The applicant is pursuing with the adjoining owner the idea of realigning the side property line, in order to meet setbacks. This can not be accomplished within the time limits for the refinancing. This is not a routine refinancing; the property was purchased with a limited duration owner-financing, and the time is up. The applicant's justification includes: 1 . The house has existed since 1977, with all the proper County permits. This is a mutual mistake by the then-owner and the County; 2. This would result in no change to the current situation; 3. There was a misunderstanding over the side boundary line; 4. To require the relocation of the house would be both impractical and extremely costly. STAFF REPORT - VA-93-21 Page 2 RELEVANT HISTORY: There is no history in the Zoning Department files. The house was built under building permit NR 77-496, while owned by W.A. Marshall. All of the required inspections were completed, and the house was given a certificate of occupancy. STAFF COMMENT AND RECOMMENDATION: Staff concurs with the applicant's justification. This is clearly a case of undue hardship. It is not practical to move the house. It satisfies all three criteria. Therefore, staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. It is not practical to move the house. With regards to the side property line, it is not fair to require the purchase of additional land from the adjoining property which is out of this owner's control. 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 other houses in this vicinity which were built with all the necessary approvals, and still found to be in violation. 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 change in the property from how it currently exists and has been since 1977. Several adjoining properties were built just prior to this, and under the previous Zoning Ordinance were allowed to be only 30 feet from the front property line. The property which is adjacent to the encroaching side property setback (parcel 46), is developed with structures on the far side of the property. Should the Board find cause for approval, staff recommends the following condition: 1. This approval is for the existing house only. Any additions/expansion shall comply with the Zoning Ordinance or shall require amendment of this variance.