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Home My WebLink AboutVA199400014 Review Comments 1994-11-09 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: November 9, 1994 STAFF REPORT VA-94-14 OWNER/APPLICANT: Robert B. and Dominique Anderson TAX MAP/PARCEL: 39/21 K ZONING: RA, Rural Areas ACREAGE: 5.015 LOCATION: Lot 12 in Emerald Ridge Subdivision, off Rt. 684, west of Crozet REQUEST: The applicants wish to build a three bedroom house, measuring roughly 2600 square feet with an unfinished basement on an undeveloped lot in Emerald Ridge subdivision. They have been unable to locate the full (100%) reserve septic field required by Section 4.1.6 of the Zoning Ordinance. Therefore, the Andersons propose to install a primary septic system and to leave an area for the reserve septic system which measures only 70% of the primary field, a variance for 30% of the reserve septic. The applicants request relief from Section 4.1.6 of the Albemarle County Zoning Ordinance, which states. For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic field shall consist of suitable soils of adequate area to accommodate sewage disposal for a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. The applicants' justification includes the following: Hardship The health department has worked with the applicant to locate drainfields on the east side of the stream, Mad Run, but to date cannot meet Albemarle's requirement for 100% primary and 100% secondary drainfields. They can, however, meet the state's requirement for 100% primary and 50% reserve drainfields. The only other area on this lot is west of Mad Run and cannot be utilized due to a special use permit restriction stating, "No construction is to occur west of Mad Run; also no stream crossings of any kind are to be installed across Mad Run." Strict application of the ordinance would prohibit the construction of a house sized and priced for this subdivision. STAFF REPORT - VA-94-14 Page 2 Uniqueness of Hardship The Andersons acquired this lot in good faith. The subdivision was approved by the County and was thought to have both a building site and sufficient space for the required septic system. To date, this is the only lot in Emerald Ridge which has been found to have insufficient area for both primary and secondary drainfields. Impact on Character of the Area There will be no detrimental effect on any other lot. Neighbors have worked with the applicants to help find a solution and are supportive of this request RELEVANT HISTORY: April 20, 1988 - The Board of Supervisors approved SP 87-110 allowing reconfiguration of development potential resulting in the current layout of Emerald Ridge. The approval included a condition stating, "County Attorney and Watershed Management Official approval of deed restrictions to include: (a) the conservation buffer zone; (b) the minimization of earth-disturbance, including tree removal; and, (c) the location of building sites on those lots (#8-16) proposed for no driveway stream crossings on Mad Run, as described in the staff report presented at the Board of Supervisors meeting..." June 26, 1989 - Emerald Ridge Final Plat was signed. March 8, 1994 -The Andersons applied for a building permit for a four bedroom dwelling. July 15, 1994 -The Andersons applied for a variance, VA-94-09, from Z.O. Section 4.1.6, septic, primary and reserve drainfields. July 22, 1994 -The Andersons withdrew the application for VA-94-09 to attempt to amend the original Special Use Permit, SP-87-110, to allow construction on the west side of Mad Run. July 25, 1994 - The Andersons applied for a Special Use Permit, SP-94-23, to allow crossing of Mad Run. September 6, 1994 - The Andersons deferred SP-94-23 based on a proposal to obtain drainfield easement on the adjacent property, lot 11 . October 14, 1994 - The Andersons applied for this variance, VA-94-14, based on the latest health department attempt to locate drainfields. RECOMMENDATION: 1) The applicants have provided evidence that the strict application of the ordinance would produce undue hardship. STAFF REPORT - VA-94-14 Page 3 The Andersons have been trying to obtain a building permit since March of this year and have attempted several alternatives They have already reduced the desired dwelling size from four bedrooms to three. They have also attempted to obtain easements on the adjacent property, lot 11. The owners of lot 11 have stated that although they are willing to grant an easement for one septic line, they would prefer that the BZA grant a variance that would allow lot 12 to be self-supporting. While it has not been specifically approved, it is likely that full reserve could be achieved for a two bedroom house. However, the Emerald Ridge Subdivision has restrictive covenants that require all dwellings to be a minimum of 2000 square feet. A two bedroom house of 2000 square feet would be most unusual and could be viewed as an unreasonable restriction. It is likely that a house of this size would be used for three bedrooms. The Zoning Ordinance itself indicates the normal dwelling in Albemarle County to be a three bedroom house when it uses three bedrooms as a minimum standard for septic field sizing for issuance of a building permit. 2) The applicants have provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; The soils report done during the subdivision and special use permit review indicated that this and all other lots could be developed without modification. However, of the 31 lots platted as Emerald Ridge, only 14 have been developed. In reviewing the topographic maps used for the preliminary subdivision review, it appears that only two other lots in Emerald Ridge (both in excess of 8 acres) are similarly affected. Although this lot is in excess of 5 acres, the area available for septic drainfields on this lot is constrained by the following - the special use permit restriction against any crossing of Mad Run; - a separate rocky ravine that has been identified as a "meander" of Mad Run; - an old sunken logging road; - the wrapping contours in the building site; and, - the rocky soil. This particular set of circumstances and the magnitude of their combination is unique, and is not shared generally by other properties in the same zoning district 3) The applicants have 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-94-14 Page 4 The Watershed Management Official, the original Special Use Permit, and the subdivision review all addressed problems with water quality and erosion control These were the guiding factors in the restriction of no construction west of Mad Run. As long as the residence and supporting drainfield can be constructed on the east side of Mad Run, there is no issue of substantial detriment to adjacent property nor to the character of the area. This was always intended to be a residential building lot and with this variance can continue. This is one of many cases where local zoning regulations exceed the State's requirements. With regards to similar situations, there have been other cases where variance to the septic reserve was granted. However, this variance is to be distinguished from the cases where (a) proposed lots (not yet approved) do not have full reserve; (b) unconventional and highly experimental and labor-intensive sewage treatment is required; (c) there are known septic failures in the area; and, (d) there are no options in the unlikely event of septic failure. In this case, should the primary septic system fail and more than the 70% reserve be needed, off-site easements could be pursued on lot 11 or across Highlander Way (a private road) on lot 20. The owner would also have the option at that time of amending the Special Use Permit to allow a new septic system on the west side of Mad Run. Staff finds that the applicant meets all three criteria for approval and, therefore, recommends approval with the following conditions. 1. The house shall contain three or fewer bedrooms unless and until it meets the County's requirements for sewage disposal for more bedrooms. 2. 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