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Home My WebLink AboutZMA201000011 Application Waiver, variation or substitution requirement 2013-12-12 Application for A, 0,4 • Variations from Approved Plans, _ Codes and Standards of Development DATE: December 6, 2013 NAME OF PLANNED DISTRICT: Fstes Park TAX MAP/PARCEL NUMBER(s): TMP 32-33,TMP 32-34, & TMP32J-01-001 to 017 and 057 to 068. ZMA NUMBER(s): ZMA-2010-0011 Contact Person: SCOTT COLLINS, PE - COLLINS ENGINEERING Address 200 GARRETT ST, SUITE K City CHARLOTTESVILLEstate VA zip 22902 Daytime Phone(434-293-3719 Fax#( ) E-mail scott(a�collins-engineering.com 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): See attached sheet What is the reason for each of the requested variations?: See attached sheet 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 rn 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? yes - the original intent of the PRD is maintained. 2. Does the variation increase the approved development density or intensity of development? This variation does not increase the approved development density or intensity of development. 3. Does the variation adversely affect the timing and phasing of development of any other development in the zoning district? No change to timing or phasing is proposed. 4. Does the variation require a special use permit? No special use permit is required. 5. Is it in general accord with the purpose and intent of the approved rezoning application? The development proposed is consistent with the original rezoning. § 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. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 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 (41_ COLLINS E P4 C I N E E Rf I N G 200 GARRETT ST,SUITE K CHARLOTTESVILLE VA 22902 434.293.3719 PH 434.293.2813 FX • www.collins-engineering.com TRANSMITTAL 0 FAX ❑ MAIL U DELIVERY TO: FROM: FDh9� hS cS�� ll�nS COMPANY. DATE: Aibe'Yl ci-1 e Couo-f y al14too FAX: TOTAL NO.OF PAGES INCLUDING COVER: PHONE NUMBER: SENDER'S PHONE NUMBER: PROJECT/SUBJECT: Esj-es (7�'k AMA-Z0iV - Dol l PLEASE FIND ENCLOSED: NO.COPIES DATE DESCRIPTION VP(i(C1- 'n ApfItc�, h�►, 1 Lef-er Fee: $'425 NOTES/COMMENTS: RECEIVED BY: SIGNATURE DATE 200 GARRETT ST, SUITE K CHARLOTTESVILLE VA 22902 COLLINS • 434.293.3719 PH 434.293.2813 FX www collins-engineering.com December 6, 2013 County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville,VA 22902 RE: Estes Park—Request for Variation to ZMA-2010-0011 I. Reason for Variation being Sought: During the rezoning of Estes Park,the proposed setbacks for the project were established with the PRD for the single family units,which included a 5' side yard setback with a 10' building separation. The approval of the PRD setbacks also provided approval a 4' encroachment of all setbacks for porches, eaves,and other architectural element of the houses,as long as these encroachments were fire rated when the building separation was reduced from 10' as discussed with the building officials during the rezoning. During the building permit process for one of the lots within the Estes Park development which has a one foot encroachment of the side yard setback for an overhang on the single family lot,the zoning department indicated that this encroachment did not meet the required 10' building separation from the rezoning. I have been working with Ron Higgins in the zoning department on this issue with respect to the approved rezoning plan which allowed for these encroachments,and he has indicated that additionally, a waiver request should have been processed with the approval of the PRD to allow for the approved building separations of the PRD. A waiver request was to be processed in accordance with 4.11.3 for the modification to the building separation of 30' under section 19.8 of the ordinance to 10', and to allow for an encroachment of this 10'for architectural elements of the houses. Therefore,we are requesting a variation to allow the 5'side yard setbacks with a 10' building separation for the single family houses in Estes Park,along with the ability for a 1'encroachment on the side yard setback for overhangs, eaves,and other architectural elements, provided that these elements are fire rated, meeting the building requirements. The project meets the guidelines for this reduced building setback as outlined in the zoning ordinance. The fire flow for the development and the building separation of 10' was reviewed and approved during the site plan process for the project. II. Reason for the Requested Varation The reason for the requested variation is to allow for the approved 5'side yard setbacks on the project and to allow a 1' encroachment into the side yard setbacks for overhands, eaves,and other architectural features of the house, provided that these encroachments meet the fire rated conditions of the building department. r COLLINS ENGINEERING, LLC 06/09 BRANCH BNKG AND TRUST CO OF VA 2345 �'i' Operating Account ABINGDON,VA 24210 66-426/514 200 Garrett Street,Suite K ;; Charlottesville,VA 22902 /Z/iZ/2015 434-293-3719 . a • PAY TO THE ,�bCrrlarli �';,Ui.f y 1 $ 4-2`� 6,° ORDER OF /r raw k l+m & edy -f 1 V C A� ,Lt6;� L�/ r PQ _ — Po DOLLARS L' Dx uls,,gp A TAMPER RESISTANT TONER AREA A `�A DISgq� i t 2 y L L 1 J WIIM NE�1 WITH NEB y Y U p L S r fueq. D MEMO �S f�y (�YI� Y�Yi Q ��N --.--.__� ______. _-_._�._-._____..___w__ $ U 1 c ORIGINAL-White County of Albemarle 93833 DUPLICATE-Canary TRIPLICATE-Pink Department of Community Development Telephone(434)296-5832 Date ,RECEIVED FROM: !AMOUNT: $ 307 308 I/ zc.UO 510 check For: cash credit card By