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HomeMy WebLinkAboutVA199300024 Action Letter 1993-07-14 OA�F ALBc,. '4I'�-1In9 �'�RGIN�P COUNTY OF ALBEMARLE • Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 July 14, 1993 M. Jack Rinehart, Jr. FAIA, Architect 407 Water Street Charlottesville, VA 22902 RE: Board of Zoning Appeals Action Joan M. Ferrill Tax Map 60E3, Parcel I-4 Dear Mr. Rinehart: This letter is to inform you that on July 13, 1993, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (4:0) unanimously approved your request for VA-93-24, subject to the following condition: The addition shall be limited to the site plan drawing by Jack Rinehart dated June 14, 1993, showing a 42 X 32 foot addition. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the side setback from 25 to 6 feet for an attached garage. If you have any questions, please contact our office. Sinc ely, John Grady Deputy Zoning Administrator JG/sg cc: Joan Ferrill Inspections Department Staff Person: John Grady Public Hearing: July 13, 1993 STAFF REPORT - VA-93-24 OWNER/APPLICANT: Joan M. Ferrill TAX MAP/PARCEL: 60E3/14 ZONING: Rural Areas ACREAGE: 1.431 acres LOCATION: On the south side of Blue Ridge Road approximately .2 mile west of the Farmington Drive and Blue Ridge Drive intersection: REQUEST: In order to place an attached three (3) car garage addition six (6) feet from a side property line, the applicant request relief from Section 10.4. This section requires structures attached to the main house to lie at least twenty-five (25) feet from side property lines. The applicant's justification includes the following: 1) The existing residence and cottage were built prior to the establishment of the Zoning Ordinance. 2) Without a variance of the setback requirement the existing cottage built near the lot line remains unusable as an integral part of the applicants residence. 3) The proposed garage addition, though attached to both cottage and house, will conform to the six (6) foot side yard setback requirement for detached garages. 4) The proposed garage will be compatible in appearance and scale to the residence and cottage and will be screened from general view by existing trees which will not be disturbed. HISTORY: The existing house and cottage were built in 1930 prior to the adoption of the Zoning Ordinance in 1969. The first floor of the corrage contains independent living facilities, kitchen, bathroom, bedroom. It had been used as a rental and guest house in the past. The second floor is currenly being used as a study by the applicant. STAFF REPORT - VA-93-24 Page 2 RECOMMENDATION: The Inspections Department has reviewed this request and made the following comment: The requirements for the type of building materials and fire protection will be the same for an attached garage or detached garage built at either a six (6) or twenty-five (25) foot setback. In accordance with the Zoning Ordinance detached structures, such as garages, are allowed to be built six (6) feet from a side or rear property line as long as it does not encrouch on an utility easement. Staff agrees with the applicant that from a practical point it makes sense to attach the cottage and house by means of a garage and breezeway between the two structures. This request will allow the applicant to combine the house and cottage into one living unit and makes the existing study and proposed game room and library more accessible from the house. It is staff's opinion that the applicant has satisfied two parts of the variance criteria: 1) The applicant has provided that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. The existing cottage was built unusually close, within one (1) foot, to the property line in 1930. There does not appear to be other properties located in Farmington Subdivision where the construction of a garage between two separate living facilities located on the same parcel would violate zoning setbacks. 2) The applicant has provided evidence that the authorization of such varaince 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. The proposed garage will be farther away from the side property line than the existing cottage. The view from Blue Ridge Road and the adjoining property is screened by existing trees and the proposed design resemble that of a detached structure. However, staff does not feel that the applicant has satisfied the remaining criteria necessary to approve this request: 1) The applicant has not provided evidence the strict application of the ordinance would produce undue hardship. In staff's opinion garages, attached or detached, are a convenience not a necessity to the main use. The applicant does have reasonable use of the property and denial of this application will not provide a hardship nearing confiscation. Therefore, staff must recommend denial for cause. STAFF REPORT - VA-93-24 Page 3 Should the Board approved this request, staff reconunends the following condition: 1) The addition shall be limited to the site plan drawing by Jack Rhinehardt dated June 14, 1993 showing a 42 X 32 foot addition.