HomeMy WebLinkAboutVA199400008 Review Comments 1994-08-09 CORRECTED COPY STAFF PERSON: John Grady
PUBLIC HEARING: August 9, 1994
STAFF REPORT - VA-94-08
OWNER/APPLICANT: Victoria Seymour
TAX MAP/PARCEL: 48/61
ZONING: Rural Areas
ACREAGE: 4.11 acres
LOCATION: On the northeast side of Route 640, .9 mile southeast of the Route
20 and Route 640 intersection.
REQUEST: The applicant wishes to construct a barn structure. It will be thirty-six (36) by
twenty-four (24) feet and will be used as a horse barn, storage shed and run-in area.
The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance,
which states:
Yards, minimum: front (existing public roads) 75 feet
The applicant seeks a variance to reduce the front yard setback from seventy-five (75) to twenty
(20) feet, a variance of fifty-five (55) feet.
The applicant's justification includes the following:
Hardship
Approximately three-fourths of the property is very steep. The remaining low flat area located
between the road and existing house is subject to flooding and remains wet and soft during the
winter and spring.
Uniqueness of Hardship
Other properties in the area are more gently rolling and not as steep. This property is also very
shallow as there is only two-hundred and eighty-five (285) feet of depth from Route 640 to the
rear property line.
Character of the Area
There does appear to be other homes and structures in this area located within the seventy-five
(75) foot front setback requirement.
STAFF REPORT - VA-94-08
Page 2
"CORRECTED COPY"
RELEVANT HISTORY: N/A
RECOMMENDATION:
The buildable area on this parcel is limited due to steep slopes which cover approximately
seventy-five (75) percent of the property. The remainder of the property consists of a low flat
area that is adjacent to a creek and contains several springs. This area is subject to flooding and
stays wet and soft from run-off in the winter and spring.
The buildable area is further limited on this tract of land because of the parcel's odd shape. It
is wide with approximately eight-hundred (800) feet of frontage along Route 640, but shallow
in depth with only two-hundred and eighty-five feet from the front of the property to the rear
property line.
This property is zoned rural areas. The Comprehensive Plan and Zoning Ordinance list goals
related to the preservation and creation of agriculture. It could be argued that construction of
agricultural structures supports these goals.
Staff recommends approval for cause:
1) The applicant has provided evidence that the strict application of the ordinance
would produce undue hardship;
Given the goals of the Plan and Ordinance this proposed structure would be in keeping with
those uses which are encouraged. Strict application of the ordinance would require construction
of a two-hundred (200) foot road along the slope area to reach a building site at the rear of the
property which would cause continuous erosion problems. There are also several springs in this
area that would be impacted by a road along this slope.
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;
The steep terrain combined with the low wet area adjacent to the creek does limit the building
site for a barn on this parcel. These constitute conditions of exceptional topography and
exceptional shallowness of a specific piece of property. The other properties in this vicinity are
more gently rolling in nature and do provide adequate building sites.
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.
STAFF REPORT - VA-94-08
Page 3
The proposed barn will not be a detriment to adjacent property as farm structures are the
primary uses found in the rural areas. There are also several other agricultural structures
located in this vicinity. The character of the district should not be changed because there are
other structures, homes and farm buildings, in the vicinity that do not conform to the current
front yard setback requirements for the rural areas.
Should the Board approve this request, staff recommends the following conditions:
Variance shall be limited to farm building permit 94-980 only. Any addition shall require
additional Board of Zoning Appeals approval. This structure is not approved for residential use.
,
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THIS IS TO CERTIFY THAT ON VA //, /s)e " ti. • • • ,• 9 ° , .,
I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THE TITLE LINES 7' d. , ,,'
AND WALLS OF THE BUILDING ARE SHOWN HEREON. ,� EDWARD D.CA PBELL,111
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