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Home My WebLink AboutVA201900001 Other 2020-02-04VA-2019-00001 Burton &Maus BZA Meeting — February 4, 2020 Parcel ID 05000-00-00-04900 Legend (tbE Sdne ilansm m� may ml appea m leyeil. Pamel Info ❑ Parcels 7382 7380 60 50-49 CO 2'J 51-7 \ c�apnmoam Sevres rva aemo.leao'w °sacprt> I�Ixsa-ss�x Variance Request w Applicant requests a Variance from any provisions that would prevent them from using their property for a Major Home Occupation. w Applicable provisions of the Albemarle County Code: § 18-10.4 - Primary structure side setback is 25 feet § 18-5.2A -An accessory structure used for a home occupation must meet setbacks for primary structures. w The 25 foot side setback is not met. V / � 110, I v �4d y / r Parcel ID 05000-00-00-04900 7380 ya ft Legend (Neatawns amnsm map may mlappem in lm d) Parcel Info Parcels Site Visit on 6/13/2019 Staff measured 14' to side. � ��S w� Gmge0.0 D. S.. wmv.N 's F.W9. (494129 32 • 1 VM wlww M •V. 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VA !2W: Suk 1" Stl' Background w 9/27-9/29 2017 w Inquiry and reply regarding Major Home Occupation w 10/17/2017 w A building permit for an accessory structure was applied for as a w 12/7/2017 w B2017-02431 NNR was issued mAccessory structure setbacks were applied: Front — 75', Rear — 6', and Side — 6' w 8/30/2018 w The footing and preliminary zoning inspection completed w 6/4/2019 w Applicant applied for a Major Home Occupation Clearance 6/13/2019 w Onsite visit for Home Occupation review Background w 7/30/2019 Determination issued stating that the home occupation could not be approved w 8/12/2019 w Applicant appealed the determination w 8/15/2019 w CO issued for an accessory structure w 10/1/2019 BZA heard applicants appeal and voted to overturn the determination w 10/29/2019 BZA held a special meeting to rehear the appeal. BZA voted to defer rehearing of the appeal. Qualifying Conditions § 15.2-2309(2) The BZA may grant a variance if the standards outlined in in § 15.2-2201 are met. § 15.2-2201 Defines a Variance the strict application of the ordinance would unreasonably restrict the utilization of the property such need for a variance would not be shared generally by other properties provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning. Qualifying Conditions County Code § 18-34.4(i) provides: 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; or (ii) that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; Qualifying Conditions And ALL of the following: 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. 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 or situation not aeneral or recurrina. 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. 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. 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. Staff Analysis Standard: The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; Application of the side setback does not unreasonably restrict the use of the property. Standard: Granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the �,OF time of the effective date of the ordinance; No physical condition of the property creates a hardship. The accessory structure was constructed in 2017, well after the effective date of the ordinance. Staff Analysis And ALL of the following: XGood faith acquisition and hardship not self-inflicted. The property was acquired in good faith, but the hardship was created by the applicant. No substantial detriment. This application meets this standard. vCondition of situation not general or recurring. This application meets this standard. XUse variance prohibited. The granting of this variance would in fact permit a use that is otherwise not permitted within the defined setbacks. Special use permit or special exception not available. Though this application meets this standard, an alternate remedy is available by a boundary line adjustment plat. Staff Recommendation Staff Recommends Denial This application does not meet the standards for variance approval. (A) the zoning ordinance does not unreasonably restrict the use of the property (B) no physical conditions of the property creates a hardship, and (C) not all five of the additional criteria required for granting a variance are met Proposed Motions w If the Board chooses to deny this variance (Staff's recommendation): move to deny the variance application VA2019-00001 Bufton & Maus for the reasons stated in the Staff Report. If the Board finds legal grounds to grant this variance: move to grant variance application VA2019-00001 Bufton & Maus (Staff requests that the Board to explicitly state the Variance terms and the legal basis) V / � 110, I v �4d y / r County of Albemarle — BUILDING PERA41T - Page 7 Community Development Oepartme t 401 N.dntire Road Charlottesville. VA22902.4696 Voice:t434,1 296-5832 Fax : A34) 972-4125 TMP I 05000-00-00-04900 I u°me"tI BUFTON, EVELYN ✓§ JOHN R MAUS. O'wner(SI .. Acres 2.40 Primahlalor 5ubdic ry IRural Areas Imo_ - Zoning . Acreage APPILICATIONINFORMATIGN Building Permit U17-02431-NNR Vt-1V Entered By: Jennifer Smith on 10/18/2017 Sub Application Tv 'Storage u )nq/accessory structure (new orE Associated Building - - Fermi Street Add i.. 738 VILLE RD GORDONSVILLEr22942 New Wood N•ork Valuation Jurisdictional Area Other Foot/Found. 0esc.. $ 48,000.00 ',No Service EF— Werk NEW STRUCTURE FOR HOME OFFICE Oenription: Directions 17380 GORDONSVILLE RD Legal I ACREAGE Description: Use Group sagas: N of SWies 1st Floor 2nd Floor 3rd Floor Finished Buament Other Habitable Total Habitable Sq. Footaga ConStrVCtiOn Type Porches 504 Decks Garage S•Mmming Pool Unfin l seas hod ema nt Other Un Flnished Total Unfinished Sq. F.crupe Total Building Sq. Footage 7 r Zoning Pre -Construction? ! Land Uu? Front Back Fire N.rms Requind? ! Bldg Pre-Conavuction? Lair Side (a Right Side FIR Fire SprinHo NAPA CodbNur a .[)wailing Unit, Accessory Structures I•Iobil.W .Fab. Homes Mobile OFfi... Unsfab, Units C.rpon. B Bedroom. Baths L0 Paint Spray Booth. B Garapl. Kitchens Simminq p0olslHol Other � Eleva[ors\Escalators VWin;I r Tub.s5pa.(Res. Only) County of Albemarle JO Community Development Department Building Permit Issued BUILDING PERMIT N: 82017-02431-NNR CONTRACTOR: SAME/OWNER/AGENT MECHANICS LIEN AGENT: NONE DESIGNATED SET BACKS: 1 75 6 6 CONTACT 0: (434) 2965832 MUST BE PRINTED ON YELLOW CARDSTOCK AND POSTED VISIBLE FROM THE PUBLIC WAY FOR All BUILDING PERMITS ISSUED AFTER JULY L 2017 evehn 0lohn r maces APO BORE t ��wuw�r orru� U 341 0 --------------------- - R' m r- -ram m I r ---------------° 1 ---------------------------------------------- � z C R a IQ�glIm�110N RPN � , �� Rµ I� 3 i �� BOZO sF Al FA Notes I Exact l do tr k aa ill ary hd upont pogr pat and 1 dsc p g 2 Provide Engineer with parro,ced built triangulation measurements at p o t aon minformice 3 B f pinch, y t tall t the contractor hall Importahe s re and veri fy dimensions. cin ations.dlym ofs,stow, 4. Separation distance between budding and septic tank. pump tank, header line or force mace: IV - when located below baseman floor 20' - when loaaud above basement Boor 5. 5'separation distance between property line or easement from any septic or dripfeld eamponen 6. 15' separation to power lines. 7. 50'separation fmm 110 station or farce main and well. LAST S'OF FORCE MAIN IS G' SCH 40 PVC. ENTER MAW SEWER WITH 4"SCH 40 PVC WYE WdM 1 ORAM0 1 I II I \\ \ 1 \ 1 EXISTING 1000 GALLON TOP SEAM SEPTIC TANK NEW 24" RISER NEW ZABEL A200 12X20-VC-BALL DETAIL4-I CLEANOUT 4- SCH 40 PVC EXISTING IIIC WELL / I / \ rsexnwc OFFICE 9 SEWAGE IN 50- HI POLVILOK HIGH (MEN) ^� O GIANT tSIN-CI LITLE GIANT IGH CIA-RF PUMP LITTLE GIANT WATER ALARM DETAIL 5-IS DETAIL �O ,p N v WP V 4" SCH 40 PVC i CLEANOUT O � P 3 nQ h� L O G Sewage Disposal Site Plan TM 50-49 3 Revision 1317085 7380 Gordonsville Rd Gordonsville, VA 22942 Scale I " = 50' § 15.2-2201. Definitions. "Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.