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HomeMy WebLinkAboutVA201900001 Application 2019-11-26Albemarle Coun Planning Application Community Development0epartmem 401 r. re Road Charlottesville, VA22902-4596 _a: (434.) 296-5832 Fax :(4341972-4126 TMPI 05000-00-00-0490=0 Owner(s): BUFTON, EVELYN &JOHN R MAUS Application #I VA201.900001-] Legal Description ACREAGE Magisterial Dist, ;Rivanna Land Use Primary Residential Single-family (incl. modular homes,-; Current AFD ' Not in A/F District Current Zoning Primary 'Rural Areas ,j V ,APPLICATION INFORMATION Street Address 7380 GORDONSVILLE RD GORDONSVILLE, 22942 Entered By Buck Smith Application Type Variance Project FBUI�ioN AND MAUS PLC LAW OFFICE ] Received Date Final Submittal DateFj- - - - Received Date F1_1/_26/19 L2/02/19 Total Fees Closing File Date Submittal Date Finalr___7 Total Paid Revision Number Comments Legal Ad SUB APPLICATION(s) Type Sub Applicato Comment APPLICANT / CONTACT INFORMATION gontacff 1� Nan,,e Address tvi cState Zip Phone Phone elJ I BUFFON, EVELYN & JOHN R MAUS P 0 BOX E I GORDON5ALLE :22942 ....... . ........... ........... .... ......... ............ ­ . ...... Signature of Contractor or Authorized Agent Date County of Albemarle . arcel Property Information GE, yrsph cal Data Senvizes Division,- Room 211 TMP 05000-00-00-04900 Legal ACREAGE Description Parent TMP - Tax Map 05000 Section 00 Block 00 Parcel 04900 GPIN 555050928191 Major Subdiv. Acreage ITotal Acres 2.40 TMP Inactive? E-911 STREET ADDRESS INFORMATION 1 House Num Street Name Apartment:' cibi State Zipmde 7380 ' GORDONSVILLE RD GORDONSVILI F VA ' 22942 ........_......................._......_........._......................................................_........................::........__._:................................ ...................._...._.............-.._...._:........:-_....................s................................ 7380 GORDONSVILLE RD GORDONSVILLE VA 22942 ....._....... -.............. .._...................... ...................................._......_..............................................._....... 7382 GORDONSVILLE RD GORDONSVILLE VA 22942 OWNER INFORMATION Name Street A€irfress city, i State Zi BUFFON, EVELYN & JOHN R MAUS S P 0 BOX E GORDONSVILLEVA i 22942 ADDITIONAL PROPERTY INFORMATION .Agricultural Forest District: I Not in A{F Oistrict r High School District: Monticello Traffic Zone. Not In TAZ v Middle School District. 1Burlev +f Voter Precinct-. Keswick v Elem. School District,! Stone -Robinson Magisterial Distrim�Riyanna v Metro Planning Area? Census Block Group; r2 — CATS Area? Census Tract; 104.01 Public Water Seweri No Service - — � � (v+ "Hater Supply Protection Area? Other Rural Land? Watershedi Happy CreeDevelopment Area? Historical Significance World Heritage Site National Historic Landmark Virginia Landmark Register National Register of Historic Places Parcel Has Proffers Parcel Has Easements Current Land Use Number of Structures Number of Dwelling Units Primary: Residential Single-family —_ - —_ _ — irnd. madular homes) } k �— _ Secondary- �Or)en `-- _ — V Minor; Unassigned Coin rehensive Plan Land Use Plan area Rural Area 2 Se orndar iRural AneCl�v OtherUnassigned Unassigned tined Unas Minor Unassigned ;. Other4: 1Unassigned w+ Other Unassigned 1v Others, 4Jna tss iw Zoning Current zoning Zoning AdooteL4 121'19.80 Zonfno Friar ro 12 98980 — Primary =Rural Areas ,- Rural Areas '� FAslrtcultural secondary Iunassigned I- Planned Industrial Park ¢Scenic Highway Overlay --- s — —E Minor Unassigned v Planned Industrial Park 4r 'Unassigned Others iUnassigned [V Natural Resource Extraction Overlay Flood Hazard Overlay Airport Impact.Area a Entrance Corridor Overlay ', Scenic Stream Overlay ACTIVITY INFORMATION ,PL4NfV£ti'G, ACTRIT£ES BUILDING,4CT£4,'IT£ES ApplicationNumb CurrentStatus SpecialCondibons ApplicationNumb -1 CurrentPermitSt SpecialConditions VA201900001 Under Review B2018008320M CO Issued ............................................... H0201900233 Denied BUftoln 1 IMaus PLC B2017027510M Completed - No i € ........................................c........:....................-.....:........:............:.................................... ......... -................. .................... _.. __............................................ -.-..-. :..... ...:... AP201904404 Overturned B201702431NNR CO Issued B20160460SOP Completed No ...-....:-................................................... . 8201501553-AR CO Issued Printed On: I Tuesday,November 26. 2019 12/10/2019 8:16AM FAX 15404085911 BUFTON&MAUS ATTYS 2 0001/0001 FOR OFFICE USE ONLY VA 0 SIGN q 7,ONING ORDINANCE SECrION: Fee Arnouat S P Date Paid �� Dy who? J t- I i �srl `�FV _S Rece�pl IFQ u� 7 ��� ' /9 - "q� �(v, Apr,Fe� ree � � 1 � o i � 3 ,Application folr, � G� , � Variance PA ❑ Variance = $538 to he paid once application is deemed complete ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $435 FEES for re -advertisement and notifi-cation of public hearing after advertisement of a public heari>alDr and a deferral is made at the applicant's request D Preparing and mailing or delivering each notice after filly (50) $215 D Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class ILostage ➢ Published notice (published twice in the newspaper for oath public Actual cost based on a cost quote from the publisher hearing)(aver es between S 1 SO end 5250 Project Name: Burton and Maus PLC law office Parcel 1D Number: 05000-00-00-04900 zoning. Rural Areas (RA) physical Street Addreaa (if assigned): 7362 Gordonsville Road, Gordonsville, Virginia 229442 Contact (who should the main contact about this project): John R, Maus Street Address7380 Gordonsville Road _ City Gordonsville State Virginia Zih Code22942 Phone Number540-894-1006 En,nii ackmauslaw mail.com Owner of Record; Evelyn Bufton and John R. Maus Street Addres57380 Gordonsville Road City Gordonsville �Stat0"rginla _Zip Code22942 Phone Number540-694-1006 Email eckmauslew@gmail_com ,A PPliCant (if different from the owner): same as owners Street Address City .—State ---Zip Number —---�—ZiP Code_ ED i Hul DEC 10 2019 County of Albemarle COMMUNITY Department of Community Development DEVELOPMENT NOS 401 McIntire Road Charlottesville, VA 22902 'Voice; (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised l l/02/201.5 Pagc t of 3 FOR OFFICE USE ONLY VA #ZL l SIGN # ZONING ORDINANCE SECTION: Fee Amount $ Date Paid By who? Receipt # Ck# By: Application for Variance ❑ Variance = $538 to be paid once application is deemed complete ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $435 FEES for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's request ➢ Preparing and mailing or delivering each notice after fifty (50) $215 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage ➢ Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher hearing)(avera es between $150 and $250) Project Name: Bufton and Maus PLC law office Parcel ID Number: 05000-00-00-04900 Zoning: Rural Areas (RA Physical Street Address (if assigned): 7382 Gordonsville Road, Gordonsville, Virqinia 229442 Contact (who should the main contact about this project): John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw@gmail.com Owner of Record: Evelyn Bufton and John R. Maus Street Address7380 Gordonsville Road City Gordonsville State Virginia Zip Code22942 Phone Number540-894-1006 Emailjackmauslaw(a)gmail.com Applicant (if different from the owner): same as owners Street Address City State Zip Phone Number County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised 11/02/2015 Page 1 of Variance is defined as follows A variance is defined as a reasonable deviation from those provisions regulating the shape, size or area of a lot, or the size, height, area, bulk or location of a structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and the need for the variance would not be shared generally by other lots, and provided that the variance is not contrary to the purpose of this chapter, provided that a variance shall not include a change in use. (Albemarle County Code Chapter 18 Section 3) REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE CONSIDERED COMPLETE AND OFFICIALLY SUBMITTED Nine (9) folded copies of any and all plans or additional information One (1) copy of a recorded plat or boundary survey of the property requested for the variance. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Drawings showing all existing and proposed improvements on the property, with all dimensions and distances to property lines, and any special conditions on the property that may justify the request. Written description of your request (include dimensions, measurements or sizes in feet). This is to also include evidence as noted below. EfAs the owner/applicant 1 certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. Please be aware that the board shall grant a variance if the evidence shows: (i) That strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; (ii) That granting the variance would alleviate a hardship due to a physical condition relating to the property or due to improvements thereon at the time of the effective date of the ordinance; or (iii) That granting the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by or on behalf of a person with a disability and (iv) All of the following: 1. Good faith acquisition and hardship not self-inflicted The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not 2eneral or recurring The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property. 5. Special use permit or special exception not available.,The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed. Please be aware that the evidence required above needs to be provided by the applicant and should be Provided with the written description as noted above Variance Application Revised 05/23/2019 Page 2 of 3 • Owner/Applicant Must Read and Sign I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowledge. By signing this application I am consenting to written comments,letters and or notifications regarding this a plication be' g provided to me or my designated contact via fax and or email. This consent does not precl tion from also being sent via first class mail. /// /7 Si e of Owner/Applicant Date J n R. Maus 540-894-1006 rint Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: 4 pp f 6 trod KitZ Cc)Act( ot4 f (/o�r p f' G�•(� Board of Zoning Appeals Chairman's signature: Date•-S- Z49Z.6 Variance Application Revised 05/23/2019 Page 3 of 3 6T.) rC ,>u , Fill�, _____ Plans BUFTON &NIAUS LAW OF.FICF, - PD C+ y C+ Or • CD ' � N fD c4- C• u • CD � ' c+ Ce µ Cw • • 0 (D � O CB r"- • h c+ - ' • Q n CD � p �! w5 ` x� pv CI, 5 V' C0 • t+ I .. .. o S C. r 'bIG • ' '� C+ r I Q\\ µ C"i © p 3 M 7 +^ 1.: ? �7 - o c+ r H ' r•7 • \ 'rA m FJ- • n • co. \ ,I i -10 nCb Cb r' WRITTEN DESCRIPTION OF REQUEST FOR VARIANCE The owners request a variance from any and all of the provisions of the Albemarle County Code that would prevent them from using the law office constructed on their property for a Major Home Occupation. As far as the owners know, the applicable provisions of the Code are (1) Albemarle County Code §18-10.4, which provides that the side setback for primary structures in Rural Areas is 25 feet, and (2) Albemarle County Code §18-5.2A, which provides, in relevant part, that "[A]ny accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation." There may be additional provisions of the Albemarle County Code on which the County Attorney's Office may rely on in order to oppose the owners' right to use their law office for the purpose for which it was always intended, namely to conduct a law practice that involved, among other things, meeting with clients and other professionals in their office. At its nearest point to the side fence (which is presumed to be the property line), the owners' law office is 141/2 feet from the property line. At its farthest point, the law office (which parallels the house rather than the property line) is 301/a feet from the side fence line. Evidence in Support of Request for Variance Under Sec. 34.4(i) of the County's Zoning Ordinance, the applicable criteria for the Board of Zoning Appeals to grant a variance are: 1. The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property, 2. The property interests for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance, 3. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area, 4. The condition or situation is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance, S. Granting the variance does not result in a use not otherwise permitted on the property, and 6. The relief or remedy sought is not available through a special use permit or special exception authorized by the Code. The owners adopt all of the evidence that they previously submitted to the Board of Zoning Appeals on October 1, 2019 in connection with their appeal of the adverse decision of the Zoning Administrator denying them a zoning clearance for a Major Home Occupation. Furthermore, the owners state that: 1. It is self-evident that the owners' inability to use a 1020 square foot office building, the floor plans for which included a conference room and two offices as a place at which to meet clients and other professionals in connection with their practice of law, would unreasonably restrict the owners' utilization of their property, 2. As previously proven to the Board, the property interest for which the variance is being requested WAS acquired by the owners in good faith reliance on a building permit issued by Albemarle County. Any hardship was not created by the owners, 3. Granting the variance will not be a substantial detriment to the adjacent property or nearby properties. When the owners initially appealed to the Board of Zoning Appeals, notices were sent to all adjoining landowners and none voiced any objection to using the subject property for a major home occupation. The property on the other side of the fence to which the County alleges that the owners' building is too close is a cow pasture, 4. The condition or situation is the result of miscommunication with the County's Department of Community Development that the owners hope is not so recurring in nature that a general regulation should be adopted by amending the zoning ordinance, 5. Granting the variance does not result in a use not otherwise permitted on the property. The County has conceded that, if the owners' law office were no closer to the property line than 25 feet, the owners would be entitled to pursue a Major Home Occupation, and 6. The remedy or relief sought is not available through a special use permit or special exception.