HomeMy WebLinkAboutVA199000030 Review Comments 1990-05-08 STAFF PERSON: Amelia Patterson
PUBLIC HEARING: May 8, 1990
STAFF REPORT - VA-90-30
OWNER/APPLICANT: Franklin W. Peters
TAX MAP/PARCEL: 43/24
ZONING: RA, within an Agricultural/Forestal District
ACREAGE: 186.75 acres
LOCATION: Liberty Hall, off the north side of Route 614 (Garth Road),
4 mile east of Route 676.
REQUEST:
The applicant requests relief from Section 10.4 of the Albemarle County Zoning
Ordinance, which states:
"Area and Bulk Regulations
Yards, minimum. . .
Side 25 feet"
The applicant seeks a variance to allow a reduction in side yard setback for one
lot proposed for subdivision, from 25 feet to 20 feet. The applicant is renovat-
ing an old horse barn to convert it into a residence for a farm employee. This
structure is 45 feet from an existing stone and frame residence. A family sub-
division is proposed that will result in a separate lot for the barn/residence.
Because 50 feet does not exist between the buildings, the required side setbacks
of 25 feet cannot be met.
The applicant' s justification includes:
1. The building is no longer suitable as a horse barn;
2. The building is believed to be over 90 years old and is in need of
renovation;
3. The building has been used on occasion in the past for overnight lodging
during foaling, and the like.
4. There would be no detriment to the district or adjacent property because
it is internal and under the same ownership.
RECOMMENDATION:
Staff agrees that because the structure not only exists, but has some historical
background, that it should be preserved for some use. Staff is not in a position
to comment as to its feasibility for some use other than residential. However, if
it were not residential, this setback would not apply, and no variance would be
necessary. Other locations for a new residence are available, but would result in
disturbance of forested or pasture areas.
Page 2
Staff Report - VA-90-30
Staff concurs that the following two criteria have been met due to the internal
location and family division character of the development:
1. The applicant has provided evidence that such hardship is not shared generally
by other properties in the same zoning district and the same vicinity;
2. 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.
The location of a new structure would be likely to slightly reduce or impair the
agricultural or forestal use of the land. Under state statute for Agricultural/
Forestry Conservation districts, we are directed in our land use decisions to be
mindful and protective of such districts. Staff therefore recommends approval
for cause.
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