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Home My WebLink AboutVA199400007 Review Comments 1994-07-12 • STAFF PERSON: Amelia McCulley PUBLIC HEARING: July 12, 1994 STAFF REPORT - VA-94-07 OWNERS/APPLICANTS: William B. and Lorene B. Downer (parcel 4); Lawrence J. Martin TAX MAP/PARCELS: Tax Map 62C, Section B, Parcels 3 and 4 ZONING: RA, Rural Areas ACREAGES: Parcel 3 is 1.25 acres; parcel 4 is 1.71 acres LOCATION: Property is located on the west side of Key West Drive, across from Blueberry Road. REOUEST: The applicants propose to redivide lots #3 and 4 by moving the side property line 50 feet. Lot 3 (Martin) is currently built with a single-family residence and is 1.25 acres. Lot 4 (Downer) is now 1.71 acres and is currently vacant with pending plans to build. These lots were part of the Cedar Hills subdivision which predates zoning, and they are nonconforming as to lot size. As a result of the side lot line shift involving a 0.48 acre strip of land, lot 3 will enlarge to 1.73 acres and lot 4 will decrease to 1.23 acres. The stated purpose for this switch of property is because of the encroachment of the septic field currently serving the Martins' house, onto the Downers' property. Because this redivision results in a lot which becomes less conforming (or more nonconforming), it is not approvable without variance. Lot 4 is further reduced below the 2 acre minimum lot size. The applicants request relief from Sections 10.4 and 6.5.4 of the Albemarle County Zoning Ordinance, which state: SECTION 10.4 AREA AND BULK REGULATIONS Minimum lot size 2.0 acres Minimum frontage existing public roads 250 feet SECTION 6.5 NONCONFORMING LOTS 6.5.4 Lots recorded prior to the adoption of and not in conformity with this ordinance may be resubdivided and redeveloped, in whole or part, at the option of the owner(s) of any group of contiguous lots therein; but every such resubdivision shall conform to this ordinance and all other county ordinances currently applicable; provided, however, that no such resubdivision • STAFF REPORT VA-94-07 Page 2 which in the opinion of the zoning administrator shall be substantially more conforming to the requirements of section 4.0, general regulations, and the area and bulk regulations of the district in which such subdivision is situated shall be denied for failure to comply with the provisions of this ordinance. The applicants' justification includes the following: Hardship There is a significant hardship in the fact that when the residence was built some 30 years ago, it encroached onto an adjoining lot. This problem was inherited and not created by the current owners. This is a hardship from a practical sense in that the Downers could disallow this use of their land. It is also something which affects the salability of this property. Uniqueness of Hardship Also discussed were the ideas of swapping equal amounts of land or of using an easement. Swapping land would reduce road frontage for lot 3, and was unacceptable. This would restrict the rear of Mr. Downer's lot which is the most level and usable. An easement would also hinder the marketability of both lots in many sales transactions. There are not many situations such as this. It is unique. Character of the Area This redivision should not affect any other property since no additional building lot is created. This additional land will allow me to clean up a section of the wooded area near the house on lot 3, improving the neighborhood overall. These would remain the two largest lots on the plat of Block B. RELEVANT HISTORY: None in our files. • STAFF REPORT VA-94-07 Page 3 RECOMMENDATION: In order to ascertain that this land swap would not involve area which is necessary for the future primary and reserve septic fields for development on lot 4, staff has requested that supporting information be submitted. In the absence of that information, there is the possibility that full septic reserve may not be achieved and a variance may be necessary. Based on the field visit, it appeared that the existing septic field did not encroach more than a few feet onto lot 4. Staff is not an expert in that area, and would recommend that the Health Department review this request to see what is the minimum area necessary to incorporate the septic field and maintenance area into lot 3. Staff recommends that this be deferred until information is submitted which confirms the location of the primary and reserve septic fields for both lots. Should the Board chose to proceed with this application and take action, staff recommends approval of an amended proposal which includes only an addition of the land on which the improvements (septic field and dog run) are located, from lot 4 to become part of lot 3. 1) The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; It would be a hardship to be unable to continue to use a septic field which appears to be functioning. While it is not an overwhelming financial hardship, it would be an unnecessary expense with little value. The septic field is already constructed, so the land is not easily available for many other uses or another septic field. (The field is partially on each lot.) This hardship is not self-imposed by the current applicants' creation. 2) The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; It is not shared generally to have an encroaching septic field which has been used in this manner for so many years. • STAFF REPORT VA-94-07 Page 4 3) 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. There will be no evident change in the properties as a result of this redivision; in fact, it will allow the current situation to continue. These two lots are larger than the others in this subdivision block. Should the Board approve this request, staff recommends the following conditions: 70..\ 1. Approval shall be limited to that area which is the minimum necessary to include the septic field, maintenance of same, and the dog run. This requires submittal to the Health Department of t� evant. information for such review. 2. This approval shall be mnneuimited by Health Department approval for primary and reserve septic for lot 4. In the event this approval is not possible, this variance shall require further review and is not approved. ALBEMARLE COUNTY IP 12 iI ' II 21 10 .1_ ��, " 11111,00 L•- DRIV® O I" .-1-- .p,' c 4 Of I,, ii0" + :1111111 v s � i 1 p .)). „.06tAllit'llibilertle NM si # /i ,,L 14 0 0 t „„,, FersOiji.1�� rg, .5 . 4 \ \ „% IA e SO PAI 11 V*S.i4111\-W •..)-0_ oOrt o � • w 11,111 ...11140 7i 140 Vp41474, O s O CEDAR HILLS SECTION I DB 365 P 202 62C AO CEDAR' HILLS SECTION 1830.B.393Pa417 At , O SECTION 1 93 D B. 410-577 ill11 O •``i:* . KEY WEST SECTION 3 D.B. 420-259 O' .' , 4® KEY WEST SECTION 4 D.8 505-607 6292, '111.1•410,,,, ` t • 5 D.8. 543-III 0 KEY WEST SECTION 6 Da 809-623 VA-94-07 William B. & Lorene Downer .14..° Tax Map 62C, Parcel B-4 RIVANNA DISTRICT SECTION 626(2)-C