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HomeMy WebLinkAboutVA199300040 Action Letter 1993-12-15 1 2. �OF r.r. .. 1-..RGIN,P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 15, 1993 Justine Taylor Route 2, Box 281 A Crozet, VA 22932 RE: Board of Zoning Appeals Action Tax Map 41, Parcel 41 Dear Ms. Taylor: This letter is to inform you that on December 14, 1993, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (5:0) unanimously approved your request for VA-93-40. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance in order to subdivide, applicant request variance to reduce frontage on Garth Rd from 250 to 129 ft. If you have any questions, please contact our office. Sincerely, OCaLeik Babette Thorpe Zoning Assistant BT/sp cc: Planning Department STAFF PERSON: Babette Thorpe PUBLIC HEARING: 12/14/93 STAFF REPORT - VA-93-40 OWNER/APPLICANT: Justine Taylor TAX MAP/PARCEL: 41/41 ZONING: RA, Rural Areas ACREAGE: 111. 64 LOCATION: On Garth Road about one mile east of its intersection with Route 810 REQUEST: This section requires lots to have 250 fee o age on public roads. The applicant's justification includes the following: Hardship Applying the ordinance strictly would necessitate a bridge across the floodplain of the Moorman's River to reach the property on the south side. Uniqueness of Hardship I have no knowledge of any similar problem in the area. Character of the Area Granting the variance maintains the character of the area because a bridge will not be necessary to access the separate parcel. RELEVANT HISTORY: The parcel has existed since 1968, with frontage as shown on both Routes 674 and 614 . The parcel lies in the Moorman's River Agricultural/Forestal District, which prohibits the division of the property into parcels of fewer than 21 acres, except for family divisions. The Planning Department has reviewed this request and commented that the proposed division meets the requirements of the agricultural/forestal district ordinance. STAFF REPORT - VA-93-40 PAGE 2 RECOMMENDATION: If the property were not in an agricultural/forest al district, the applicant could subdivide the 33 .49 acre parcel from the parent parcel, as long as the 33 .49-acre portion were itself subdivided into at least two lots. Then each lot could take its frontage from a private easement, rather than the public road. The Moorman's River Agricultural/Forestal District comes up for review in December, 1994. At that time, the Taylors could withdraw from the district, and divide the 33-acre portion into one or more lots of less than 21 acres, and measure the frontage from a private road. Because the Taylors have a purchaser for the 78-acre portion now, they are unwilling to wait until the end of 1994 to subdivide. Since the Taylors chose to enter an agricultural/forestal district, this part of the hardship can be considered self-imposed. However, staff is concerned that denying the variance could encourage the Taylors to leave the agricultural/forest district and divide their property into smaller lots than they might otherwise. This would harm the rural character of the area more than granting the variance would. Of course, there is no guarantee that the 33-acre portion will not be further subdivided even if the variance is granted. I have discussed with the County Attorney the possibility of removing development rights as a condition of approving this variance. It is his opinion that this would not be a legal condition. Staff agrees with the applicant that a bridge over the Moorman's River and construction in the floodplain would be an undesirable addition to this State Scenic River. Currently, the applicants reach the southern part of the property from Route 614, using the old road that runs along the eastern property line. Once the property is subdivided, however, the entrance to the southern portion must coincide with where the frontage is measured. In other words, the 33-acre parcel could not have its frontage measured from Route 674, or a private road extending into the parcel from Route 674, without having an entrance located there, too. This Department has received about seven inquiries about this variance. We have received no written objections, but several of the surrounding property owners have expressed concern over the future development of the 33-acre portion, since four development rights will be assigned to it. STAFF REPORT - VA-93-40 PAGE 3 Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Without a variance, about 40% of the original parcel would be costly to reach. Access would require an expensive bridge, substantial construction in the floodplain, and a road at least 3000 feet long. The Moorman's River is designated by the Albemarle County Zoning Ordinance as a scenic stream. As such, a stream crossing will require issuance of a special permit subject to positive findings. 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 properties in the immediate vicinity are not separated by the river. 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. The variance will prevent substantial detriment to the character of the area by rendering a bridge and long road unnecessary, and by making it more likely that the property will remain in an agricultural/forestal district. ALBEMARLE COUNTY BOARD OF ZONING APPEALS VERBATIM TRANSCRIPT OF VA-93-40 JUSTINE TAYLOR DATE: December 14 , 1993 LOCATION: Meeting Room 7 , Second Floor County Office Building 401 McIntire Road Charlottesville, Virginia BOARD MEMBERS: Carl Van Fossen William Rennolds George Bailey Richard Cogan Max C. Kennedy, Chairman COUNTY ATTORNEY: George St. John STAFF MEMBERS: Babette Thorpe, Zoning Assistant Amelia McCulley, Zoning Administrator VARIANCE: VA-94-40 Justine Taylor PRESENTER: Babette Thorpe, Zoning Assistant • Mr. Kennedy: 93-40 Justine Taylor Ms. Thorpe: The owner and applicant is Mrs. Justine Taylor. It is tax map 41, parcel 41 , zoning is RA, Rural Area, and it surrounds 111 acres. It is 78 acres north of the Moorman's River and 33 south of the river. Riverside, River Ridge Subdivision, I believe is the subdivision to the west of the 33-acre portion. The applicants are asking for a variance in order to subdivide the 33 acre part of the property south of the Moorman's River from the 78-acre portion north of the river. And to do that they need a waiver from Section 10 . 4 of the Zoning Ordinance, which requires lots to have 250 feet of frontage on a public road. The newly created 33-acre lot would have only 129 feet of frontage on Garth Road. I have some pictures of the site and a topo map that might help make the property a little more visible. The pictures are labeled on the back. (Inaudible) Mr. Bailey: It has been there for 100 years that house sitting right there. (Inaudible) Ms. Thorpe: The applicant' s justification includes the We have recommended approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Without a variance, about 40 percent of the original parcel would be costly to reach. Reaching it would require an expensive bridge, substantial construction in the floodplain, and a road at least 3 , 000 feet long. The Moorman's River is designated by the Zoning Ordinance as a scenic stream. And a stream crossing would require a special use permit subject to positive findings and approval by the Board of Supervisors. 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 properties in the immediate vicinity are not separated by the river. And those that are don't have frontage along an existing state road that preexists zoning in Albemarle County. 3 . The applicant has provided evidence that authorizing the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by granting the variance. It is staff's opinion that the variance will prevent substantial detriment to the character of the area by rendering a bridge and long road unnecessary, and by making it a little more likely that the property will remain in an agricultural/forestal district. Do you have any questions for me, Mr. Chairman? Well the Taylors are here front row, and I believe that some of the neighbors are too. Mr. Kennedy: All right, do you have anything to add to that? Mrs. Justine Taylor: I am Justine Taylor and we've sort of designated my oldest son Charles to be the spokesperson since he is more knowledgeable about your terminology. • Mr. Kennedy: Terminology, alright. Mrs. Taylor: Or technical aspects. Charles Taylor: Do you have any questions? We just want to keep it in two large parcels and we are trying to possibly sell off the larger parcel and be able to have my mom moved over to the other side that is closer to her grandchildren. Because I live on an adjacent parcel and have been living there for 12 years and the parcel is in the forestry district and just want to keep 3 - who wants to speak? Elbert Dale: I am Elbert Dale and I own the property the 42 parcel between both of them. And my only opposition is that they were going to subdivide it and there would be houses built. Which I have discussed it with them and there is no intention to do that so from the conversation with the Taylors. And that would be my only opposition. No opposition at all about Mrs. Taylor building a home there to live. That is what I did on mine. So that is all I have to say about it. Mr. Kennedy: Thank-you, sir. Mr. Van Fossen: Mr. Dale, they get subdivision rights with this, but that is nothing that this Board can do anything about really. Mr. Dale: Right. I just hate to see it developed, you know, because it is many it is so thickly developed there anyway it would crowd us: I don't know how much water there is in the ground. Mr. Jim Hahn: I would just like to ask a question or two. Mr. Kennedy: Give Sharon your name so she will know who you are. Mr. Jim Hahn: I am Jim Hahn. I've got a two-acre parcel with a small house on it right adjacent to the entrance here. And I wanted to ask Charles how would you gain access to your acreage to this 33 acres there. Mr. Charles Taylor: Yes, that is correct. It is with the existing frontage. Mr. Rennolds: (Inaudible) Here is a map that will help. Mr. Jim Hahn: It would be the way that you currently drive onto the property. It would be in that entrance. Mr. Charles Taylor: That is correct. That is correct. Mr. Hahn: Well it would have to be. That' s great. Ms. Taylor: It dips down so much. (Inaudible) Mr. Hahn: And how many division rights would go with this property? Mr. Charles Taylor: It is agreed to be 4 . 5 Mr. Kennedy: Any other person who wants to speak in favor? Anyone against? The public hearing is closed then. What is the decision? Mr. Van Fossen: Mr. Chairman, I think the request meets all three criteria for approving a variance and staff is not asking for any restrictions, so I move that the variance be granted. Mr. Rennolds: I would like to second that. Mr. Kennedy: It has been moved and seconded that the application be granted as submitted. All in favor, call role. Ms. Taylor: Mr. Rennolds. Mr. Rennolds: Aye. Ms. Taylor: Mr. Bailey. Mr. Bailey: Aye Ms. Taylor: Mr. Van Fossen. Mr. Van Fossen: Aye. Ms. Taylor: Mr. Cogan. Mr. Cogan: Aye. Ms. Taylor: Mr. Kennedy. Mr. Kennedy: Aye. That application is approved. Mr. Bailey: We have some photographs. Do you want your photographs back? 7 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE NANCY KRIIGEL (aka Nancy Kriigle), Petitioner, vs. At Law No. 94-819 ALBEMARLE COUNTY BOARD OF ZONING APPEALS, Respondent. PETITIONER'S MOTION FOR LEAVE TO AMEND PETITION TO THE HONORABLE PAUL M. PEATROSS, JR., JUDGE OF SAID COURT: COMES NOW, Nancy Kriigel, by her counsel, pursuant to Rule 1:8 of the Rules of the Supreme Court, and moves this Honorable Court for leave to amend her Petition for Writ of Certiorari heretofore filed herein as follows: a. Amend paragraph five (5) of such petition so as to substitute the word "Taylor" for the words "the Wrights and the Pughs". b. Amend paragraph ten (10) of such petition so as to substitute the word "Taylor" for the words "the Wrights and the Pughs". c. Amend paragraph twelve (12) of such petition so as to substitute the word "Taylor" for the words "the Wrights and the Pughs". Leave to amend shall be liberally granted in furtherance of the ends of justice. [Rule 1 :8, Rules of the Supreme Court] The requested amendment will not cause prejudice to respondent. Wherefore, petitioner requests that in the furtherance of the ends of justice this Honorable Court grant leave to petitioner as aforesaid. RESPECTFULLY SUBMITTED, CHARLES R. JAEGER 4�1" .,1, � Y cil—A_-y---, harles R. Jaeger, Esquire Counsel for Petitioner 400 North Main Street Post Office Box 1597 Gordonsville, Virginia 22942 (703) 832-1711 CERTIFICATE I hereby certify that on this the 15th day of January, 1994, I mailed a true copy of the foregoing Motion to George R. St. John, counsel for respondent, at 416 Park Street, Charlottesville, Virginia 22902. L / �OFA RECFNVEr' JAIL 27 1994 Al FIFLIAtiLL COIJNTy COUNTY OF ALBEMAF ZONINGPAR EN T Office of County Attorne! 416 Park Street Charlottesville, Virginia 22' Telephone 296-7138 ti January 25, 199i C� GEORGE R. ST.JOHN `� V COUNTY ATTORNEY \L. Amelia G. McCulley Zoning Administrator 401 McIntire Road Charlottesville, Virginia 22902-459i Forbes R. Reback, Esquire 230 Court Square Charlottesville, Virginia 22902 Re: Kriigel v. Albemarle County Board of Zoning Appeals Dear Amelia and Forbes: I am sending each of you a copy of the pertinent papers in the appeal of the Justine Taylor variance granted by the BZA on December 14, 1993 . I have already asked Sharon Taylor to make an original and five (5) copies of the transcript, to file the original with the Clerk of the Circuit Court, serve a copy on Mr. Jaeger, and distribute other copies to Mr. Reback, myself, and your file. My understanding is that Ms. Taylor (through her attorney, Forbes Reback) will file a petition to intervene in this matter. Both Larry Davis and I will be involved in defending the decision, since it will probably carry over beyond my tenure. Sincerely yours, ,` George R St. John County Attorney GRStJ/tlh Enclosures cc: Larry W. Davis, Esquire