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Home My WebLink AboutZMA198500033 Approval - County Special Exception 2013-03-14 'Iiw A 8®i ri- '.. ', kt,LIP, RGIN COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4012 March 14, 2013 Richard E Bergen Managing Trustee for the Richard and Theresa Bergen Living Trust 611 Iris Street Altamonte Springs, FL 32714-3127 RE. Special Exception Approval-Rear Setback Variation_ Lot 168-Section 9B Earlysville Forest-Zoned PUD4(ZMAA 5:-33-) Tax Map 31B, Parcel 168, 815 Quail Ridge-Circle Dear Mr. Bergen, On March 13, 2013, the Board of Supervisors took action to approve the above noted variation request as submitted March 4, 2013 (attached) This variation approval is for a rear setback reduction of 3.5', reducing the setback from 20' to 16 5' for the existing sunroom addition to the house at 815 Quail Ridge Circle. Feel free to contact me if you have questions at (434) 296-5832 ext.3226 or rragsdale(a�albemarle org Sincerely, ebecca Ragsda e, Senior Planner Rebecca Ragsdale From: Richard Bergen [movingmoney@aol.com] Sent: Monday, March 04, 2013 7 56 PM To: Rebecca Ragsdale Subject: Application for variance from approved plan/Bergen 815 Quail Ridge Cir Earlysville Attachments: Ascoli_Letter_to_Albemarle_County_030213 jpg, Earlysville_Forest__Plat.pdf; Bergen_Variation_Application pdf Subject: Application for variance from approved plan/Bergen 815 Quail Ridge Cir Earlysville Hi Rebecca. In follow up to our conversation and your email from Friday 3/1, please find the following for our request for a variation waiver of the setback rule in the Earlysville Forest PUD 1 Letter from Mr & Mrs. Matthew Ascoli, our adjacent neighbor in lot 163 to Albemarle County; 2. Completed application for Variations from Approved Plans, Codes and Standards, 3 Copy of the plat for Lot 168, I respectfully request a waiver of the setback rule as my parents who owned and were the original owners of the house on Lot 168, both passed away in 2011 and were unaware of this diminimus overlap into the setback area of the rear boarder line shared with the Ascoli's. The house is being purchased by David & Kimberly Noe If you have any questions, please contact me at (407)694-3817 Many thanks for your help and assistance in this matter and I look forward to a timely resolution to this matter via our waiver request attached and the related documents requested Please let me know asap Sincerely, Richard E. Bergen, Managing Trustee Richard &Theresa Bergen Trust Cell (407) 694-3817 1 Application for FA ��tlll Variations from Approved Plans, Codes and Standards of Development DATE: 3/ (6 j NAME OF PLANNED DISTRICT: ,e,a Z/�,5 L V/ !. TAX MAP/PARCEL NUMBER(s): /p 3 / 6 /68 /ZMA NUMBER(s): 6 t, 3 Contact Person: //. r2'f ee 676Aj gygiv1q f,ilk //z2's re•- • Address G'f 1 /1/1- City A L;,i T r7,arirr f...J,",State /%L Zip 3 L 714 Daytime Phone C y ( /� �1"1,'3(91 7 Fax#( ) E-mail /11 461.\)&61/10,V67 e GiWj, What type of change is requested? ❑Variation to the Plan Variation to the Code or Standard Provide a copy of the existing plan(may be a reduced copy)illustrating the area for which the change is requested. Provide a graphic representation of the requested change. Describe the variation being sought(may attach separate sheets): V'/-/a4X % ,U %0 12eDric,e, 4' /Fmtz_ 5e7, /4cif. av 3 `/2_ r=i What is the reason for each of the requested variations?: A- (,o, 'A-.s /s s v ,) J rj Mt;3 A- �a. 4- Veal,' Smut, ' S c, S a zio `15 t; 7/l<.o /"I //4" 4'e-(A- gea'9'.rV'd -?4>S W-1J'(1-$ 77 !/�- NV1 rrl/..f'7 4) 11417i L, .77a'i/1_, ,t4•n-f /4." Zo ij.. we Ll f% /e Viv4c :4/ZE Of; AAA-1 Jet, Ack. S(!•6 C3'1Z T-f /,:naG2e��C fY7�Nr` if '�ip4_. %o A- saveLi cv/L %f$e, c;J4j� �f� C'?� 7")- ES , County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434) 972-4126 3/9/09 Page 1 of 2 In accordance with§ 8.5.5.3 c) of the Zoning Ordinance, in order to grant the variation, the Planning Director must make positive findings under 5 criteria. Please provide information about these criteria for the Director's consideration (may attach separate sheets). 1 Is the variation consistent with the goals and objectives of the comprehensive plan? 7—Rit5 ifit)& Moo') Ai 1 k 2. Does the variation increase the approved development density or intensity of development? 7 1-S. eivtlzo c,i4r'►76,1) L'.rvp6/1_ 72ie: sem..4U/G. `T2'rgvii2-_njeti'i..14,4 PP, � 3 / J(ties i 7 Lei77i2 fir c4fEZ) ,0-4•ovrl N4)UIta:.2, ma--r-r j E-04. Lt- 3. Does the variation adversely affect the timing and p casing of development of any other development in the zoning district? bogd- 4. Does the variation require a special use permit? A11 5. Is it in general accord with the purpose and intent of the approved rezoning application? 7 '/ i 1q-fidA)012,.- 77d, !/,ii2 ,Z-- 41. r icba, Artai'+rov r!'Z. o 4- V 4L"""-7 J § 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES,AND STANDARDS OF DEVELOPMENT The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan,code or standard: 1.^�Minori variations to yard requirements,maximum structure heights and minimum lot sizes; 0(/i.S'708,i f'a. vclizl'ArioAS I7/gfAt'c.CE , C!c e/V 020 641'n o i O )i lh,v,J,V'r1 tJ.� 2. Changes to the arrangement of buildings and uses shown on the plan,provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4.Minor changes to landscape or architectural standards; and 5. Minor variations to street design. d. Any variation not expressly provided for herein may be accomplished by rezoning. 3/9/09 page 2 of 2 0 25 50 100 This is to certify that on February 25, 2013, __— I surveyed the property shown on this plat c and the title lines and walls of the building SCALE IN FEET 3c`uu are shown hereon This property lies in Zone X iom and not in an area designated a 100 Year Flood -H rn Hazard, as shown on Federal Flood Rate Owners mm Insurance Map No 51003C0140D, Richard A & L,n vV' effective date: Feb 4, 2005 Theresa N Bergen ro m c Q7 Survey performed without the benefit of Legal References. mm a title report and may not indicate all D.8 1769 Pg,231 a Q encumbrances on the property This plat was prepared for- IF = Iron Found David F & Kimberly S Noe WM = Water Meter TP = Telephone Pedestal TVP = TV Cable Pedestal tie i ET = Electric Transformer 350,1)e�— Building Setbacks: ki--yy`i1 Front = 30' Ouoil Ridge vaCIF / Rear = 25' Circle R=47.43' / (50' R/W) L=37.25' / / \ L=70 45' '�\ `\ IF ` N. / '/ Lot 167 TVP,,o \.c�J James L Asher, etux TP ET WM `\/.0 \ 8 1 s 0.8.2654 Pg.616 LOT 108 e` \ x,-^\\t) 1.042 Acres �`' u� gravel S, ` drive, y rip rap /; / j�c// F Lot 169 / X 0 Ira Delew, etux / J 0.8.2942 Pg 162 / i _ / i rn / ��// _ I 1 1/2 Story /�// '-gravel^�'i Dwelling N.RI / / path 4.1 ti / l 1 9'a �0 S6,' ' . / cu /1�\ T I ' IF Ol / / \ \ 1� I * O :n \\\ � 2t 0 er Lot 154 / A I \, /N \ fence \ / v 1' fram15' Drainage / / shed (typ) \\`��/ ��Ati Easement x,�2313 O \ / / 562 20• o \ Lot 163 Matthew Ascoll, etux ` 0.0.3480 Pg.97 Open Space IF LT H of 0 �� \ PLAT SHOWI\G 0 PHYSICAL SURVEY OF Robert W. Coleman, Jr. T.M.P. 31B — 168 Lic No 2007 2.-z4-43 LOT 168 PHASE B ,iiii3O SUR\10 SECTION NINE YS RESIDENTIAL �'E FOREST SURVEYING SERVICES 815 QUAIL RIDGE CIRCLE (434) 245-8744 ALBEvARLE COUNTY, VIRGINIA 1701D--7 ALLIED STREET F E B R U A R Y 26, 2 0 1 3 1"= 50 CHARLOTTESVILLE, VIRGINIA 22903 13-016 Matthew and Helen Ascoli 860 Buckhorn Trail Earlysville VA, 22936 Mr David Benish, Chief of Planning County of Albemarle Dept. of Community Development 401 McIntire Rd. Charlottesville, Va 22902 RE. Lot 168,Earlysville Forest/ 815 Quail.Ridge Circle Dear Mr Benish We own 860 Buckhorn Trail, known more formally as Lot 163, Earlysville Forest. This letter is to confirm that we do not have any problem with the fact that the improvements constructed on our neighbors' property-known as Lot 168, Earlysville Forest/ 815 Quail Ridge Circle- are within the twenty-foot(20') setback restriction. Please see the plat of the subject property enclosed. As you can see, there the house is built sixteen and a half feet(16.5') from our shared property line instead of twenty feet(20'). We have no problem with this setback violation. Let me know if you need anything further to process this request. Sincerely, Matthew Ascoli 11)1 koki Helen Ascoli • COUNTY OF ALBEMARLE 610 EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: March 13,2013 Bergen Special Exception-Setback Variation Earlysville Forest(Lot 168-Section 9B) ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Approval of a special exception to allow a variation to ACTION: X INFORMATION: rear yard requirements pursuant to Section 8.5.5.3 Variations From Approved Plans, Codes,And Standards ATTACHMENTS: Yes Of Developments STAFF CONTACT(S): REVIEWED BY: Mr Benish and Ms. Ragsdale LEGAL REVIEW: No BACKGROUND: Earlysville Forest is zoned PUD-Planned Unit Development. Setback and yard requirements for PUDs are established by the Board at the time of rezoning. On March 19, 1986, the Board of Supervisors approved ZMA 85-33, an amendment to ZMA 81-11-Earlysville Forest, to increase the number of lots permitted and establish setbacks for Section 9(30'-Front, 25'-Sides, and 20'-Rear), along with a 30' building separation requirement. The plat for Section 9B(SUB 86-185)was approved on November 11, 1986 by the Planning Commission The existing house on the applicant's parcel(Lot 168)was constructed in 1987 In 1993, a building permit and Certificate of Occupancy were issued for a sunroom addition on the back of the house. Recently, a physical survey of the property was done(Attachment A) and shows that that the back corner of the sunroom is as close as 16.5'to the rear property line. The applicant is requesting a variation to the 20' rear setback/yard requirement. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community DISCUSSION: The applicant has requested a variation to reduce the rear setback from 20'to 16 5', which is a 3.5' reduction. Section 8.5.5.3(a)authorizes the Director of Planning to grant variations from the approved standards of development, application plan and/or code of development. However, due to a recent State Supreme Court decision, these variations must now be approved by the Board of Supervisors as a Special Exception under Chapter 18 Section 31 8. Staff is recommending approval of this variation request. VARIATION The applicant submitted the following request: To allow the minimum rear building setback to be decreased by 3.5 feet. Staff analysis of the variation request is provided below: 1) The variation is consistent with the goals and objectives of the comprehensive plan. The design is consistent with the goals and objectives of the comprehensive plan. 2) The variation does not increase the approved development density or intensity of development. Density is not increased and this variation will address an existing condition The 30' building separation requirement will be maintained. The applicant provided a letter from the adjoining property owner(Lot 163)that they do not object to this request. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The timing and phasing of the development is unaffected and Earlysville Forest is built-out. 4) The variation does not require a special use permit. Bergen-Earlysville Forest Variation March 13,2013-BOS 1 A special use permit is not required. 5) The variation is in general accord with the purpose and intent of the approved rezoning application. This variation is in general accord with the approved rezoning application. • RECOMMENDATION: Staff recommends approval of this variation request, as outlined above,for a 3.5' reduction in rear yard/setback requirements for Lot 168. ATTACHMENTS: A. Physical Survey of Tax Map Parcel 31 B-168, prepared by Residential Surveying Services, and dated February 26. 2013 Return to consent agenda Return to regular agenda Bergen-I_arlysville Forest Variation March 13, 2013-BOS 2