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Home My WebLink AboutVA199400007 Application 1994-06-11 l 'V County of Albemayik Department of Zoz 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- U DATE: 6/11/94 FEE: $95.00 A-I STAFF: PAC) VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Name: WILLIAM B. AND LORENE B. DOWNER Phone ( 804 ) 97 65§0 �1 Address: 320 KEY WEST DRIVE, 22901 as a-‘611 APPLICANT (if different from above) Name: Phone ( ) Address: CONTACT PERSON (if different from above) Name: Phone ( ) Day Phone ( ) Address: LOCATION: dLd, jL. 7lit:11c1) PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REOUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP aC, PARCEL I 4; TM , P B� ; TM , P ZONED: KA ORDINANCE SECTION: f t) C`�t.�GQX �L�� SW" 4 , NOtalkitti, Board of Zoning Appeals Date: 7 /lt / 9/ ( pecial Permit MA (,X Variance IV' ( )/Proffers N k A BZA ACTION: , IN��, �?l� 3 7 7A . , e C 1 DATE: I I A 4) VA-94-07 . William B. Downer and Lawrence Martin (owners) . Property located on the W side of Key W. Dr, across from Blueberry Rd. TM62C/PB4 • & B3 , zoned Rural Areas. Proposal to redivide lots 3 and 4 by moving the side property line 50 ft. lot 3 is 1. 25 acs and will become 1.73 acs; lot 4 is 1. 71 acs and will be reduced to 1. 23 acs. Variance to further reduce minimum lot size of 2 acs. \qlr\ 1 DESCRIPTION OF REI ST: To sell 50 feet X 410 i on the east side of lot ik # 4 Cedar Hil b. Division. A portion of dr< field belonging to lot # 3 owned by Larry Martin extends on to lot # 4 owned by W. B. Downer JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. It is a hardship, when W. R. Downer and Lorene R_ Downer ran not pass rlear title to our daughter and son-in-law Robert Mann for the purpose of building a house. This situation can be corrected by a sale from the Downers to the Martins. Land trade or easement is not a satisfactory option for either party. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Most other lots have been developed. Lot II 4 has a limited area for home construction because of road drainage from several directions. The only loccation for building is at the rear of this lot. 3) 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. It will improve the neighborhood" by developing this property. Lots # 3 and 4 are the largest in this serti on_ A change in lot lines will effec P 1y3 tb.Pse lots and will be a positive change. The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate, true correct t the best of my knowledge and belief. / , 70z3 Signature ate Receipt # Date f ` Illt VARIANCE The current application form shall be completed by the applicant in its entirety (the request should be clear) . THE FOLLOWING INFORMATION SHALL ACCOMPANY AN APPLICATION TO THE BOARD OF ZONING APPEALS AND IS TO BE PROVIDED BY THE APPLICANT. (✓) Application and justification statement. (J ) Application signed by owner or authorized agent. (J) Most recently approved recorded plat. If none exists, then a copy of the deed description for the property or properties ' involved in the request. 0 The appropriate drawings showing all existing and proposed improvements on the property, with dimensions and distances to property lines, and any special conditions of the property that may justify the request. ( j) The owners contact person and mailing address and daytime phone numbers. ( .J The proper fee payable to the County of Albemarle. THE ZONING DEPARTMENT WILL PROVIDE THE FOLLOWING INFORMATION TO THE APPLICANT AT THE TIME OF APPLICATION. ,tP ( ) Board of Zoning Appeals notice letter. , d) ( ) One public notice sign for each road frontage. Li) Instructions for posting signs. ( ) Applicant receives Board of Zoning Appeals action letter following the hearing. C Da (Person accept g application) e ADDENDUM TO: APPLICATION FOR VARIANCES To: Board Of Zoning ppeals Albemarle County From: W. B. Downier The proposed transfer of a parcel on the East side of Lot # 4, Section B, Cedar Hill not to exceed 21,000 square feet. The approximate size being 50" feet wide running front to rear approximate 410 feet, This parcel would become a part of Lot # 3, Section B titled to Larry Martin. /4?//;;;:2 a/ //fj ES) REON 01050 aEVA�Tth Lawrence J. Martin 108 Key West Drive Charlottesville, VA 22901 June 14 , 1994 Ms . Amelia McCulley Zoning Administrator County of Albemarle 401 McIntire Rd. Charlottesville, VA 22902 RE: Zoning Variance Dear Ms. McCulley: This letter is to provide supplemental information to a zoning variance application submitted by William B. Downer for Lot 4 , Block B, Cedar Hills Subdivision. I am the owner of the adjacent parcel which is Lot 3 , Block B, Cedar Hills Subdivision (a.k.a. 108 Key West Drive) . I have a significant hardship in connection with the lot that I own. When my residence was built some 30 years ago, the septic system was constructed such that it encroaches onto Bill Downer's Lot 4 . This, obviously, is not a problem that he nor I created but inherited with the purchase of the respective lots. However, it presents a major hardship to me in that my lot is not saleable and/or Mr. Downer could require that I cure the encroachment on his property at anytime. Mr. Downer and I are excellent neighbors and good friends and have discussed a number of solutions to this problem. We believe the sale of a 50 foot strip on the east side of Lot 4 running the entire length of the lot to me as requested in the zoning variance is the best solution. We have discussed the possibility of an easement but this is an unsatisfactory solution for both parties. An easement would not allow the owner of either lot to have full enjoyment of the strip of land subject to the easement since the owner can not use it fully for fear of the easement and the owner of the easement can only use it for those purposes. The use of an easement would also hinder the marketability of both lots in many sales transactions. We also discussed the swapping of land without adding to or subtracting from the square footage of either lot . However, this is also unacceptable since it would restrict my road frontage and, thus, severely hinder marketability of my property. Additionally, it would restrict the rear of Mr. Downer's lot which is the most level and usable portion of his lot . Ms. Amelia McCulley - 2 - June 14 , 1994 Therefore, the conveyance of the 50 foot strip is the best solution and is quite agreeable to each of us. Lot 3 and Lot 4 would remain the two largest lots on the Plat of Block B although their positions would be reversed in total square footage. Both lots would still be larger than the other lots in this Subdivision Plat . I believe the transfer of the 50 foot strip on the east side of Mr. Downer's lot onto my Lot 3 would enhance my property value since it would give me an additional side yard and buffer for my existing residence. It would allow me to clean up a section of the wooded area near my house which would overall improve the neighborhood. It is my understanding from Bill Downer that his daughter and son-in-law may build on Lot 4 and they would likewise improve their portion of the lot . These benefits are in addition to the resolution of the existing hardship which I acquired with my lot . This transfer of the 50 foot strip should not effect any of our neighbors since there is no additional building lot being created, no other property owners are affected in any way, and both Bill Downer and I end up with more valuable pieces of property. All of this is necessary to relieve me of a major hardship in connection with my septic system, a problem which he has been most agreeable to assisting in resolving. I feel certain that if the original Plat had been drawn with this property line 50 feet further to the west (as we are currently proposing) that the original Subdivision Plat would have been readily approved by the appropriate authorities . Allowing this current variance such that the property line can be moved appears to be a common sense resolution to relieve me from a major hardship while having no detrimental effect whatsoever to any other property owners or violating any other existing standard. I am available at any time to provide additional information verbally or in written form. Please contact me at my office number, 296-2156, during business hours or at my home, 977-8090, if I can provide any more information in connection with this matter. I thank you for your consideration of this matter. Sincerely, Lawrence . Martin iiurrniouliE) LJM/cbs JUN 15 1994 ir. •roi4 i O \ o 5 50 6 C5 0., L \ , / �50 132 a, '•. "-: • \/ , 5' orFormerl,8°28 O8 y lAtv / ru, Ln iiii W g.6„,,,,Br No ZT8• / / j� \\ ad 43Z � fog �02 o l 9 33s �, o m V ,iCtl 4.'1° , 4. ,......\ 130. • D ' 5 / �,� \ iiS iv/47 --re,..10 .- 0\ k.Y s L _o�'fr , o 1266, A .o r0 ,./ • . CD° � 0 r �f? O ''r� 4s;/sss • 6' f - 2 �� n,3� 2k �. '�►u ° Z' 08 Curve Dote Iwo S53 s, :ir- • r 3s No. R Della Ton. Arc �-, '/6 .eP a Q 260.15 24°15 '/4'� 55. 90 110. 13 `s (31 w 03 • o t <Io 434.22 /6°/9 ' 62.25 /23.66 �A� • e �Q Qo 204.20 36° 00P 66.35 /28. 3/ i0°1 /\a ® 137..6/ 35°43'46. 44.35 85. 8/ / * kiA qiiwose / 7„ I 4.Oc fO n s'f, /o'of y,oA,n f,pd PLAT SHOW/N G A RE-SURVEY OF BLOC K B - SECTION ONE "CEDAR HILLS II (WITH REAR BOUNDARY LINE OF LOTS CONFORMING !TO L/NE A'- B; ESTABL/SHED IN D. B.285p. / 77 ) o1.T1! Op NEAR CHA RLOTTE SV/LLE o44 ALBEMARLE COUNTY , VA. arN. S. IMAM' a1 ,1 V CENT.NO. 54.17.3 (a) 655 e 54-17-3 (b) 76 o •r • +'. I►11. LA1ta f, WILLIAM S. ROUDABUSH, JR. CERTIFIED-LAND SURVEYOR SCALE: / "= /001 DATE: ✓u/Y 9, /974 Chariot uvIiI. Virginia y 0 ° 5 Cs cs \ / .fl 5E Now or FormeN58 f8.0 ,A ' /; ' fit/ w Wg.D 2 vVj � l • V..tl) ___-- • found • V� l ,[� 33 o �l 30 p2 �� ', 44 .:i-i�,,k1 " ✓ N • /.0 01 5 5 35 9 / •1 • \ ' 1 1 \ .' 4 • a. A - e,,, . ,) f f �. o L Ojor b� 8 �� 5 ,0162665 s oW /0/ • 'Q • O B "`i�o 170./6.9s • �T f \ .—..,w�:- •+sww�rn•wv.nra,..✓.•,<w.w+,r.w..as-..r;n:r... =• './� `O ,J ul \ - V"'c, 30�p8. / \ f Cgrve do/o s ,• P ,,,, cA- 2� 2 ` 7.1 ••V • / 3,5. No. R De/!o Ton. Arc c., /9Ts f — & 260 /5 24°/5 '/4" 55. 90 //O /3 s W(oi 000 ti I Cs 434. 22 /6°19 ' 62.25 /23. 66 c71'?? — • 0_ � O\(k\ k4 /, I e 6 1 204. 20 3 6° 0 0 ' 6 6.35 /2 8. 31 0 Q ` (�� 0 ® /37.6/ 35°43'46' 44.35 85. 8/ \as /ron ,. ;:/ O440c�O 7 s/• 09n/Br pf ! l Panf4,d PLAT SHOWING A RE-SURVEY OF BLOC K B - SECTION ONE "CEDAR H/L.LS " (WITH REAR BOUNDARY L INE OF LOTS CONFORMING TO L/NE A'- 6, ESTABL/SHED IN D. B. 285p. / 77 ) 4sNLTII op NEAR CHARLOT7ESV/LLE ?off �� ALBEMARLE COUNTY , VA. c �• L 101DA . ...1‘ V CERT. NO. 54.17.3 (a) 655 n 54.17.3 (b) 78 • • WILLIAM S. ROUDABUSH, JR. 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