Loading...
HomeMy WebLinkAboutVA199400002 Action Letter 1994-08-11 -5 A `, Uy\ rv� \IRG1S COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 August 11, 1994 TDD (804) 972-4012 Claude & Lois Sandy 140 Scarborough Place Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 062 , Parcel 93 Dear Mr. & Mrs. Sandy: This letter is to inform you that on August 9, 1994 , during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-94-02 , subject to the following conditions: 1) The house shall contain three or fewer bedrooms. 2) There shall be a note on the plat and in the deed which notifies future owners of the restriction on the property. This variance approval allows relief from Section 4 . 1. 6 of the Albemarle County Zoning Ordinance to allow the applicant to construct a 3 bedroom house with 50 percent septic reserve. If you have any questions, please contact our office. Sincerely, Ntli-4.- diel7 Amelia G. McCul ey, A. I . C.P. Zoning Administrator st/ cc: Thomas Jefferson Health Department Inspections Department Republic Homes, Inc. fr OF ALkir ��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 September 11, 1994 Robert Hauser Homes 2401 Hydraulic Road Charlottesville, VA 22901 ATTN: Scott A. Williams RE: VA-94-02 Claude and Lois Sandy Tax Map 062, Parcel 93 Dear Mr. Williams, This is to confirm that there has been no appeal of this variance approval within the 30 day time limit. This was checked by telephone to the County Clerk's Office today. You may apply for a building permit. This variance approval allows relief from Section 4.1.6 of the Albemarle County Zoning Ordinance to allow the applicant to construct a 3 bedroom house with 50 percent septic reserve subject to the following conditions: 1) The house shall contain three or fewer bedrooms. 2) There shall be a note on the plat and in the deed which notifies future owners of the restriction on the property. Please bring the plat or deed showing compliance with #2, when you apply for the building permit. If you have any questions, please do not hesitate to contact me. Sincerely, atutzt, /yr Amelia G. McCulley, A.LC.P. Zoning Administrator st/ cc: Claude & Lois Sandy John Grady STAFF PERSON: Amelia McCulley PUBLIC HEARING: August 9, 1994 REVISED REPORT STAFF REPORT - VA-94-02 OWNER/APPLICANT: Republic Homes, Inc. (owner)/Claude and Lois Sandy (applicant) TAX MAP/PARCEL: 62/93 ZONING: RA, Rural Areas ACREAGE: 2.012 acres LOCATION: Lot 2 in Franklin Subdivision off Route 20 North REQUEST: The applicants wish to build a three-bedroom house, measuring roughly 2600 square feet with an unfinished basement, on an undeveloped lot in Franklin Subdivision. They have been unable to locate the full (100%) septic reserve field required by Section 4.1.6 of the Ordinance. Instead, they propose installation of a primary septic field adequate to serve a 3- bedroom house, and a reserve septic field measuring 50% of the primary field. This is a variance for 50% of the septic reserve. The applicants request relief from Section 4.1.6 of the Albemarle County Zoning Ordinance, which states: For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic field shall consist of suitable soils of adequate area to accommodate sewage disposal for a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. The applicants' justification includes the following: Hardship Strictly applying the ordinance would either prohibit the construction of a house, or if permitted, would limit the house to two bedrooms. Uniqueness of Hardship Other homes in Franklin have 3-4 bedrooms. When the lot was subdivided, only a 50% reserve was required and many homes in Franklin were built with a 50% reserve. VA-94-02 Page 2 Character of the Area Approving the variance would not be detrimental and would not change the character of the district. It would permit the construction of a home consistent in size to other homes in the subdivision. The environmental health specialist who surveyed the lot for the drainfield said he is not aware of any septic failures in Franklin Subdivision. RELEVANT HISTORY: The County approved the subdivision of Franklin in 1979. With the new Zoning Ordinance adopted in 1980, the County began requiring a full reserve septic field for lots in newly created subdivisions. The Ordinance was amended in 1989 to require a full reserve septic field for undeveloped lots, regardless of when they were created. RECOMMENDATION: NEW INFORMATION HAS BEEN RECEIVED This lot is restricted by existing private easements, granted after and separate from the original subdivision approval. They include a recreation easement for the play equipment on the adjoining lot (lot #1) to be located on this lot #2. In addition, a portion of the asphalt driveway encroaches from lot #1 onto lot #2. Please be advised that the Health Department has commented that even if these easements were abandoned, a full reserve could not be achieved. There are three wells on the property, all of which are at least ten years old, according to the applicant. Mr. Sandy has estimated that moving the house closer would require capping the closest well and digging another one somewhere on the property. The applicant estimates the costs of changing wells to be around $7,000. The Health Department advises against disturbing them without further cause. One of the wells includes a 15 foot waterline easement to the adjoining lot. Staff has recommended that the applicant seek a septic easement from a neighbor in order to make up the missing 50% required for a full reserve field. Mr. Sandy has discussed this possibility with his neighbors and to date, no one has agreed to grant the easement. According to the Health Department, the only available area for septic fields is the front of the property. The soils to the rear are unsuitable, due to the fact that this area was previously disturbed by a cottage and drainfield, neither of which remains. In summary, this property is constrained by the following: a. It was approved under prior regulations, and now is subject to more stringent requirements. It was likely to have been assumed that most lots could support 3 bedroom homes in this subdivision; b. Prior location of a cottage and its septic field eliminate that area for septic fields. The cottage was torn down and was not rebuilt; VA-94-02 Page 3 c. The rear of the lot rises somewhat sharply, presenting difficulties for the house and septic field locations; d. There are rocky soils in the rear of the lot; e. The rear of the lot is traversed by major power lines. The issue will rest on whether reasonable use in this particular case is development of a 3 bedroom house as opposed to a 2 bedroom house. While this has not been conclusively approved, it is likely that full reserve could be achieved for a 2 bedroom house. The Zoning Ordinance uses a 3 bedroom house as a minimum standard for septic field sizing for issuance of a building permit and requires approval of a 100% reserve area. The State Health Department only requires a 50% reserve area. Staff is of the opinion that the fact that a lot exists, whether or not it was approved by the County does not constitute a guarantee or construction of a house of a certain size as a measure of reasonable use any more than large acreage properties are guaranteed a certain amount of subdivision. In cases where the variance is of building setback, the size of the house is taken into consideration. However, the nature of this variance involves health standards. Gary Rice of the Health Department is unaware of any failed septic systems in the area. While the likelihood is small, in the event the primary system fails and a second system is required, there are few options remaining besides offsite easements. In the event the Board chooses to approve this request, staff recommends that this variance (septic limitation) be so noted in the deed or a plat to be prepared for the pending sale. Staff finds that the applicant meets two of the three criteria for approval: 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. There is a combination of circumstances which constrain development of this property. This particular set of circumstances and the magnitude of their combination is unique, and is not shared generally. 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 Health Department requires a reserve septic field measuring only 50% of the primary septic field. According to Gary Rice in the Health Department, the septic fields in Franklin Subdivision perform on a par with those in the rest of the County. He also stated that he is unaware of any failed septic fields in this area. In this case, it seems unlikely that a reserve field exceeding the Health Department's requirements by 50% would be VA-94-02 Page 4 detrimental to adjacent properties, even though it fails to satisfy the County's requirement of a full reserve. This is one of many cases where local zoning regulations exceed the State's requirements. With regards to similar situations, there have been other cases where variance to the septic reserve was granted. However, staff cannot recall a septic reserve variance of this extent for new construction. The one found within the past 2 years for nehit construction was a 70% reserve for VA 92-27 Kruszec. There have been others, including one with no reserve, for existing homes. Based on the fact that a 2 bedroom house could be built without a variance, this is not an undue hardship. In addition, the contract purchaser is going in "with his eyes open" and have not owned the property under prior expectations with the previous ordinance. In staff's opinion, the applicant does not meet the first criterion for approval; therefore, staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. The Zoning Ordinance lists development on adjoining property as one of the factors to consider when reviewing a request for a variance. However, staff is of the opinion that reducing the number of bedrooms from 3 to 2 does not constitute a hardship approaching confiscation. Not all properties are buildable with a house, and not all that are can support a 3 bedroom house. Should the Board approve this request, staff recommends the following conditions: 1. The house shall contain three or fewer bedrooms unless and until it meets the County's requirements for sewage disposal for more bedrooms. 2. There shall be a note on the plat and\r in the deed which notifies future owners of the restriction on the property. STAFF PERSON: Babette Thorpe PUBLIC HEARING: 5/10/94 STAFF REPORT - VA-94-02 OWNER/APPLICANT: Republic Homes, Inc. (owner)/Claude and Lois Sandy (applicant) TAX MAP/PARCEL: 62-93 ZONING: RA, Rural Areas ACREAGE: 2 . 012 LOCATION: Lot 2 in Franklin Subdivision off Route 20 North REQUEST: The applicants wish to build a three-bedroom house, measuring roughly 2600 square feet with an unfinished basement, on an undeveloped lot in Franklin Subdivision. They have been unable to locate the full septic reserve field required by section 4. 1.6 of the Ordinance. Instead, they propose building a primary septic field adequate to serve a 3-bedroom house, and a reserve septic field measuring 75% of the primary field. The applicant requests relief from Section(s) 4 . 1. 6 of the Albemarle County Zoning Ordinance, which states: For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. The applicant's justification includes the following: Hardship Strictly applying the ordinance would require the house to be located on an undesirable site on the lot or limit the house to two bedrooms. Uniqueness of Hardship Other homes in Franklin have 3-4 bedrooms. When the lot was subdivided, only a 50% reserve was required and many homes in Franklin were built with a 50% reserve. VA-94-02 Page 2 Character of the Area Approving the variance would not be detrimental and would not change the character of the district. It would permit the construction of a home consistent in size to other homes in the subdivision. The environmental health specialist who surveyed the lot for the drainfield said he is not aware of any septic failures in Franklin Subdivision. RELEVANT HISTORY: The County approved the subdivision of Franklin in 1979. With the new Zoning Ordinance adopted in 1980, the County began requiring a full reserve septic field for lots in newly created subdivisions. The Ordinance was amended in 1989 to require a full reserve septic field for undeveloped lots, regardless of when they were created. RECOMMENDATION: If the house were moved farther back, it is possible that the remaining 25% reserve field could be located in front of the house. The applicant does not wish to move the house for several reasons. If the house were moved back any farther, it would be oriented so that the view from the house would be blocked by the existing house on Lot 1. Rather than overseeing the City of Charlottesville and the Rivanna River, the house would face the back yard and rear wall of the house on Lot 1. In addition, the proposed house site is 50 feet from an existing well. There are three wells on the property, all of which are at least ten years old, according to the applicant. Mr. Sandy has estimated that moving the house closer would require capping the closest well and digging another one somewhere on the property. The applicant estimates the costs of moving the house back to be about $7, 000 in changing wells, in addition to the loss of value incurred by a less desirable building location. Staff has recommended that the applicant seek a septic easement from a neighbor in order to make up the missing 25% required for a full reserve field. Mr. Sandy has discussed this possibility with his neighbors and to date, no one has agreed to grant the easement. According to the Health Department, the only available area for septic fields is the front of the property. The soils to the rear are unsuitable. Staff finds that the applicant meets one of the three criteria for approval: 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 Health Department requires a reserve septic field measuring only 50% of the primary septic field. According to Gary Rice in the VA-94-02 Page 3 Health Department, the septic fields in Franklin Subdivision perform on a par with those in the rest of the County. He also stated that he is unaware of any failed septic fields in this area. In this case, it seems unlikely that a reserve field exceeding the Health Department's requirements by 25% would be detrimental to adjacent properties, even though it fails to satisfy the County's requirement of a full reserve. In staff's opinion, the applicant does not meet the first two criteria for approval; therefore, staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. The Zoning Ordinance lists development on adjoining property as one of the factors to consider when reviewing a request for a variance. However, the applicant has not provided evidence, at the date of this report, that moving the house back and diminishing the view constitutes a hardship approaching confiscation. 2) The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Should the Board approve this request, staff recommends the following conditions: 1. The house shall contain three or fewer bedrooms unless and until it meets the County's requirements for sewage disposal for more bedrooms.