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HomeMy WebLinkAboutVA199300027 Action Letter 1993-07-14 �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 Robert J. and Joan E. Cornelius Route 2, Box 327 Crozet, VA 22932 RE: Board of Zoning Appeals Action Tax Map 25, Parcel 17 Dear Mr. and Mrs. Cornelius: 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-93-27, subject to the following conditions: 1) No bedrooms may be added to the house on proposed parcel A without amendment to this variance; 2) County Engineering approval of either a) some suitable portion of reserved area either on the proposed lot or residue; or b) that there is not reserve. This shall be accomplished by the submittal to the County Engineering Department of all the necessary information to ascertain this determination. 3) The septic field shall be maintained in accordance with practices as approved by the Health Department. This variance approval allows relief from Section 4.1.6 of the Albemarle County Zoning Ordinance to reduce the reserve septic area from full 100% to 0%, for subdivision of an existing house into a 3 ac lot. July 14, 1993 Mr. and Mrs. Cornelius/VA-93-27 Page 2 If you have any questions, please contact our office. Sincerely, Q1&J44, c Amelia G. McCulley, I. . . Zoning Administrator AGM/sp cc: Inspections Department Jack Kelsey, Engineering Department Jan Sprinkle, Planning Health Department STAFF PERSON: i-,_ alia McCulley PUBLIC HEARING:July 13 , 1993 STAFF REPORT - VA 93-27 OWNER: Gerald L. Blencowe (owner) APPLICANT: Robert J. and Joan E. Cornelius (applicants) TAX MAP/PARCEL: 25/17 with parcel 17A ZONING: RA, Rural Areas ACREAGE: 45.72 acres parcel 17 and 3 . 0 acres parcel 17A LOCATION: On the north side of Route 614 and the Moorman's River in Sugar Hollow, at the bridge about 1/2 mile from Route 674 . REQUEST: The applicants request a variance from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance, to eliminate the requirement of a reserve septic field, for subdivision of an existing house into a 3 acre lot. They have been residing in and renting this house for thirteen years, and are in the process of purchasing it. The house is one of the oldest in Sugar Hollow, and they believe it was built in the late nineteenth century. The actual land transaction from a land use perspective will result in no additional lots being created. Parcel 17A consisting of 3 . 0 acres and improved with one dwelling. Parcel 17 consisting of almost 46 acres is improved with two dwellings, including that which is subject to this application. The subdivision plan is to merge or combine parcel 17A into parcel 17; and then to create parcel A of the same acreage as parcel 17A, for this house. In order to understand the constraints on this situation, a property description is in order. The southern portion of the property is floodplain and beyond that is poor draining alluvial soils. A natural gas pipeline easement bisects the property. Towards the north and west the property rises sharply to critical slopes with areas of exposed rocks. Two different streams traverse the property, and carry additional septic setback requirements. The driveway follows the southern and western border, and most of the northern border. Soil scientist, Mr. Hutcherson reviewed the site. Based on the many constraints, he saw no need for soil samples, because there was no apparent area in which to obtain them. The current drainfield is located ---nt Aa-€-the house, on the hill above the floodplain. A newly dug well is located to the side- of the house. read The applicant's justification includes: UNDUE HARDSHIP The strict application would disallow owning this house we've lived in for thirteen years, something we've planned for five years. Up to this time, we have spent more than $6, 000 for the survey and other funding, the majority of which was withdrawn with penalty from a retirement plan. STAFF REPORT - VA-.d�-27 PAGE 2 UNIQUENESS The geographical conditions of this property, such as the streams and steep grade are specific to this house and not shared by the neighborhood generally. CHARACTER OF THE AREA The authorization of the variance would not change existing conditions in terms of traffic or appearance or the like. It would allow us to assume ownership of the house and property we have improved and used as our yard. RELEVANT HISTORY: None in our files. STAFF COMMENT AND RECOMMENDATION: This application has been reviewed by both the Chief of Engineering, the Water Resources Engineer and the Chief of Planning. The Engineers saw no environmental concerns with this request. It is not a matter where the proposed property lines are drawn out of convenience and some other design could result in septic reserve. The Planners also voiced no concerns. They and we are clear to distinguish this request from one in which new development, such as house construction is being requested. This is to recognize an existing situation. There are no known reserve areas on the residue to which to percolate by a septic easement. However, a full-scale report has not been done. It is significant that this is a house with some sense of history to the area. Despite the absence of a landmark status, it is one of the stated goals of both the Comprehensive Plan and the Rural Areas zoning district to protect and preserve historic resources. Staff concurs with the topographic and other constraints on this property. And we recognize that there will likely be no change in the use of the property and its impact. This property is downstream from the water impoundment area. In consideration of its location in the watershed, and for general planning purposes we would like to see some study done to determine if there is any way that some or all of a septic reserve could be placed on the residue property. With a condition to that effect, staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Development of the property predates these zoning and health department regulations. The property suffers from exceptional topographical conditions - floodplain, soils, steepness, etc. , which prevent septic reserve. The applicants desire to create a lot around their house is reasonable. STAFF REPORT - VA-,,s-27 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 properties which have all of these combinations of limiting conditions operating at one time. There are several which have substantial amounts of critical slopes or flood plain, but I am not aware of any which also have two bisecting streams and a gas easement. 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. Provided the existing field never fails, or can be easily repaired, there is no apparent negative impact. The approval of the variance and resulting subdivision will not change the land use or visual impacts. Should the Board find cause for approval, staff recommends the following conditions: 1. No bedrooms may be added to the house on proposed parcel A without amendment to this variance; 2. County Engineering approval of either a) some suitable portion of reserve area either on the proposed lot or residue; or b)that there is no reserve. This shall be accomplished by the submittal to the County Engineering Department of all the necessary information to ascertain this determination. 3. The septic field shall be maintained in accordance with practices as approved by the Health Department.