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HomeMy WebLinkAboutVA200700005 Review Comments 2007-04-10STAFF PERSON: William D. Fritz, AICP PUBLIC HEARING: April 10, 2007 VA 2007 — 05 Timothy and Linda Sigmon Owner/Applicant: Timothy and Linda Sigmon Tax Map/Parcel Number: 046B6 -00 -OC -01000 Zoning: Planned Unit Development Acreage: 0.348 Acres Location: This property is located in the Forest Lakes South Subdivision on Kendalwood Lane. The property abuts the Forest Lakes Common Area. Technical Request and Explanation: The applicant request relief from Section 4.11.2.1. The requested variance is to reduce the setback to allow a storage shed to be located closer than 6 (six) feet to the rear property line. The proposed location is 1 (one) foot from the property line a variance of 5 (five) feet. The storage shed will be located in the rear of the lot adjacent to the Common Area as shown on Attachment B. The proposed shed is 10 feet by 16 feet and is shown in Attachment C. All the units in the area are single family detached with a garage. Relevant History: This property was rezoned to Planned Unit Development with ZMA 91-04 on October 16, 1991. This lot was created by a plat signed on July 22, 1993. Property Description and Qualifying Conditions: The Zoning Ordinance in Section 34.2 establishes the review criteria for a variance. Staff will provide comment on the criteria for granting a modification. The ordinance states: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. VA 2007 — 05 Timothy and Linda Sigmon April 10, 2007 Page 2 of 4 Staff can find no qualifying condition that supports granting this variance. This lot is similar to other lots in the area in terms of use, size and topography. Alternative locations exist for the storage shed on this property. Many other lots in the area do not have storage sheds. Specifically the ordinance establishes the review criteria to address the above. No such variance shall be authorized by the board of zoning appeals unless it finds: (a) that the strict application of this ordinance would produce undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) 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 will analyze each provision of the ordinance and provide comment. The applicant's justification is also included. Staff comments are in italics. Hardship that the strict application of this ordinance would produce undue hardship The applicant has stated: "Since our property has a steep slope down toward the rear property line, moving the storage shed location six feet from the rear property line would move the front of the shed up the hill such that it couldn't be leveled without the rear being unacceptably high off the ground. Thus we would not be able to build the shed. The very bottom of our backyard is barely level enough to accommodate the proposed storage shed. The only other level part of our backyard is up next to the house (and that was created via a retaining wall) and our homeowners' association won't allow the shed to be put there, plus we wouldn't do that anyway since it would ruin that part of the house and yard." As the Board is aware, one of the initial assessments staff makes in these reviews is whether the proposed structure can be located elsewhere so as to not necessitate a variance. Staff opinion is that alternative locations meeting the 6 foot setback, are less convenient than the proposed location but do not constitute an undue hardship. The regulations currently in effect were in effect when this lot was created and purchased by the current owners. The property currently has reasonable use, as a dwelling. Denial of this variance would not produce an undue hardship. As the Board is aware, staff is not typically able to find that construction of an accessory building is necessary to reasonable use of the property. The shed could be constructed meeting the 6 foot setback. This would require the rear of the shed to be approximately 2 feet. This elevated portion would not be visible from dwellings in the area. VA 2007 05 Timothy and Linda Sigmon April 10, 2007 Page 3 of 4 Based on the above findings it is staff's recommendation that a hardship does not exist. Uniqueness of Hardship that such hardship is not shared generally by other properties in the same zoning district and the same vicinity The applicant has stated: "That hardship is not generally shared by the adjacent properties. For example, our next door neighbor has a large level area at the rear of the property. " Most of the lots on Kendalwood Lane adjacent to the Common Area slope downward to the Common Area. Some lots have greater or lesser level areas than the lot under review. However, this lot does not appear to have a slope situation that is unique. Impact on Adjacent Property and District 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 applicant has stated: "The property adjacent to our rear property line is common property owned by the Forest Lakes Community Association and is a preserved natural area. The FLCA has approved the proposed location of this storage shed (see attached approval). Also, starting at our rear property line, there is an immediate drop off of at least fifteen feet. For these reasons, there can be no development or other activity on the property adjacent to our rear property line. Thus, granting this variance will be of no substantial detriment to the adjacent property and the character of the district will not be changed." Staff agrees with the applicant's statements. Approval of this variance will not be of substantial detriment to adjacent property and will not change the character of the district. Staff would point out that the shed is also proposed in a Water Resource Area. However, the Water Resource Manager has voiced no opposition to the approval of this variance and has approved a mitigation plan. This mitigation plan requires the planting of 3 shrubs. Summary and Staff Recommendation: Of the three criteria for granting a variance staff finds that this request satisfies only one criterion, Impact on Adjacent Property and District. Staff cannot find that denial of this variance would result in an undue hardship. This opinion is based on the fact that the owner of the property currently enjoys reasonable use of the property due the presence of a single family dwelling on the lot. Further, a shed could be located on the property without cause for a variance but would require a different approach to construction. Staff cannot find that this property VA 2007 — 05 Timothy and Linda Sigmon April 10, 2007 Page 4 of 4 has a unique hardship in terms of topography. Many lots in the immediate area have sloping yards. A further provision for the granting of a variance is: No variance shall be authorized unless the board of zoning appeals finds that the condition or situation of the property concerned or the intended use 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. Staff opinion is that the condition or situation of the property is not of so general a recurring nature as to make amendment of the ordinance practicable. Therefore, the Board may grant a variance if it finds that the criterion for a variance has been met. Staff recommends denial of this application. In the event that the Board finds cause to approve this request, staff recommends the following condition: 1. This variance is for a storage shed with a maximum size of 10 feet by 16 feet. Attachments: A — Tax Map B — Plat showing location of proposed shed. C — Proposed Shed D - Homeowner's Association approval letter. E — Photos of Site a -.1„,t_ N 1�� �0•ti�„ tag t� r,o�- ° 1 -m ,r. ....... -_ i - .o. ,. ,�.. � P .96 P t:1cl. nisi +�wjy,Ea % ' 1 40 �e .ice ? 0 9 46B2 Part 2 _ 9 �'s -0e �'B ; N3.� Attachment A yip iti_ It, ���' t qs, .. tit .- �eQ\ 3-D1 3A N � �ntil 0 \ �ilitililit'l 46 44 ` , 46-44A 4 ���,-.�� C 46-44B Q 26B2 E.' 43 OUrili 14#' 46B1 p01 1 e s-INtom« J41F� •,41 `gyp 4 fi, ,.:,.,...Ate f� , �t0i� Sj'�. , •n pit .d'S :'6 . VA-2007-005 Timothy and Linda m " - 26B1 , ;F F6_6 AO x> 45 � , , 4 Sigmon(owners/applicants) '"'''J� ep 0.636 a s 3' h � c''' 1' Tax map 46B6, block C, parcel 10• 11\ [i ,�� 6� ���' - " _ . . :SW '' *46:. , -- y78,96 \ -F .fies06s' 1 4665 26F �l .B:;,, 56A Part 2 j // :(v:111•-:40,/ oe�', `4686-+ sy • ' ' \ 74 , /(/ oe','9� E / '4686 L t.le:4-c,- . 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THIS PLAT AND THAT THE TITLE LIMES ANO WALLS OF THE BUI 9 DECLARATION IS MADE TO ORIGINAL PURCHASER OF THE SURVEY Attachment B 9 TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. FLOODRZONETY SBBpUi- I NOT NLOCATEDHE UIN FLUOODNZED ONE00C YEAR AS SHOWN ON COmMUNI Y PANEL No. '510006-O23OB. SERVICE UTILtTIE ARE UNDERGROUND. NO TITLE REPORT FtURNISHED. AR f-FUR F. EQWA OS COMMON AREA 3e iii f ,*°:°/. 533',7.BT-w toe.• �� �y�� I^ 7....,,x4;e6,1„--- . f imothy Mi 11er Sigmon - - sl.eo( H 11 - y 'mot; I 0 1 10 da�'inder Sigmon G% i �- � • 100' . -"t42 '-'I I . A.P-♦ euFFTcP I� ► : CD I( if 1 J ;+A ! 'i1 J Sp o o� ^' '�1�1 iV '� �� 0...i( 4. 7•14416•1.,TM yq: N . 1 sa.o. . 5 '� r1Z 2 STORY BRICK IA FRAME W/ BSMiT. a lv) I I( �r 1 = UR P+ •" •2825 KENEEIALWOOD Ltd ,;, r = •• ' • E 12.0 la.e 1 Z! 1 / 1 f7 910•,_ 1 a 1 I! / A Tp t I A-e9. 0•• :,• I B►---- - yp . IRON. t R-2B9.00' _-ram - cE0DALWOOD LANE ter — i —�- PHYSICAL SURVEY SHOWING LOT 10 - BLOCK C , KENDALW00D FOREST LAKES, SOUTH ;C1ALE: 1- I. 30• ALBEMARLE COUNTY, V RGINIA FEBRUARY 13. 1997 1 & TE& LID. CIVIL ENGINEERING - LANO SURVEYING - LAND PLANNING in., CHARiLOTTESVILLE. VIRGINIA ' P! 1.1_,f 0241 S.L1-a_,O f TOTAL P.02 , • (L),(M0. ,....7_____ /g(-7 1 one 1.,v..-K. : 0, A).00,4 4 of;.,.5 cqai7( ( I/7tA. v6e,. . Attachment C 1oitek roo f is, ■ 1111 ---:_------------------- -- 1 YA YA -2 1--::-.`---,-,--..., ,_____--------- ---------- I; rib" FAI NA A . `,. AIM& 1ovor l4 10s1 c» l(Pale unitedNa '. ; Cleanlines on the 10 x 14 vinyl gable. This 10 x 12 wood gable just Almond/brown trim and roof The only "extra" shines in white with clay him is the vent. Vertical door inserts are available and gray roof in white only. All WORK SG'?JECT TO FIELD IN ,FEC;1"ION FOR APPROVALS. r ----\ r-L7/-) , :,2 ,:j_ifh: o--)J4 ,j,,..4/e \ i , . \ . _,_, .4r . r • , i _ _ _ _ vim , .. 12 29 12 • ! 'ti Nezek melNaele A riautty,this 12 x 20 vinyl gable has 12 x 20 wood gable white/black trim/gray an optional overhead door, higher walls,side roof Optional higher walls,side door door and vent added. Gray vinyl/white door &overhead door make the gable a very FOREST+LAKES Z � Attachment D February 20, 2006 Mr. & Mrs. Tim Sigmon 2625 Kendalwood Lane Charlottesville, Virginia 22911 Dear Homeowner: The Forest Lakes Architectural Review Board has reviewed and approved your request to install a shed in your backyard, with the following conditions: Homeowner must obtain an approved county permit and supply a copy to the FLCA office. There is a water drainage easement on the property. The shed must be at Least 10' from the easement. Thank you for your application. We have enclosed a copy of the application review form and have retained your application for our files. Respectfully yours, �I ,4• qaeautai S. James Grace, ARB Chairman The Forest Lakes Architectural Review Board FLCA/lmn 3445 Seminole Trail -#287 Charlottesville, Virginia 22911 Phone: 434.973.4596 Web address: www.forestlakes.net email: secretary@forestlakes.net Attachment E — Taken from right side of yard showing area near house. gkv � '11; 4A ,k b � •2�+�.' p � syr. a ,e 3c �� '''i f�'lk 3 �✓ }T���}/ .r i�Sh —_- Attachment E — Taken from right side of yard. Proposed shed location is out of picture to the right. Attachment E — disturbed area is proposed shed location. Common Area is to the right.