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HomeMy WebLinkAboutVA199700022 Staff Report 1998-01-06r STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 6, 1998 STAFF REPORT VA-97-22 OWNER/APPLICANT: Michael W. Jones TAX MAP/PARCEL: 135/21 ZONING: RA, Rural Areas ACREAGE: 11.04 LOCATION: East side of Rt. 627, approximately 0.4 mile south of its intersection with Rt. 726 near Warren REQUEST: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a front yard to be 75 feet. A variance of 5 feet is requested to allow a new garage to be constructed 70 feet from the front property line. PROPERTY DESCRIPTION AND VARIANCE JUSTIFICATION - This property, including the house built in 1963, was acquired by Mr. and Mrs. Jones in 1992. The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. There are neither exceptional size nor shape restrictions nor topographic features that unreasonably restrict the use of this parcel. It is the physical development of the parcel and the specific desires of the owners that causes the need for the variance request. The front face of the existing dwelling is fifty-seven feet from the right-of-way of Route 627. In a one-half mile stretch of Rt. 627 near this property, there are eleven houses. Of those, only five appear to meet the 75-foot setback. The Jones are currently in the process of making additions and changes to the dwelling, including adding a bedroom, bathroom and foyer. They would also like to have a two -car garage. Since this is an eleven -acre parcel, there is plenty of room to construct a garage that would meet setback either attached at the rear of the dwelling or detached in some other area where the magnolia tree would not need to be removed. Clearly the dwelling has been used residentially for many years and can continue to do so in the future. This shows that reasonable use of the property is enjoyed. There is no demonstrable hardship in this case, and therefore, granting a variance would be a special privilege and convenience for the applicants. RELEVANT HISTORY: There is no history on this parcel in the files of either the Departments of zoning or Planning and Community Development. A review of the variance criteria is as follows: Staff Report: VA-97-22 Michael Jones Page 2 Hardship The applicant comments that the variance is necessary: • to appeal to the aesthetic quality of the addition in conjunction with the existing structure and • to preserve a grand magnolia tree that exists behind the new structure. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. There are not unique conditions which currently limit the use of the property. This variance is necessitated by a desire for further use of the property with the construction of a two -car garage in a certain location. A detached garage could be located on the property without variance. 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: other homes in the neighborhood are setback similarly to this home As stated, six of the eleven houses in this area are built close to the front setback line and share the Rural Areas district front yard requirement of 75 feet. Therefore, they will also be in the same situation for building addition and this situation is not unique. 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. Impact on Character of the Area The applicant offers: - the variance will still keep the addition behind the original structure and behind other residences in the area. Staff agrees that the addition of a garage that is setback farther than the existing house in a rural area will not change the character of the district. 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. STAFF RECOMMENDATION: Granting this variance would be a convenience for the applicants. They are already Staff Report VA-97-22 Michael Jones Page 3 enjoying use of the property without variance and they can have a garage in some other location. Because of this and the fact that all three of the variance criteria are not met, staff recommends denial for cause. Should the Board find cause to approve this request, staff recommends the following condition: This variance is for the garage requested on Building Permit 97-459AR only. Any further addition or new construction will require a separate variance application. IAGEN ERA USHAR E\BLDBZON W MELIA\VA97-22.W P