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HomeMy WebLinkAboutVA199500004 Review Comments 1995-06-06 STAFF PERSON: Amelia G. McCulley PUBLIC HEARING: June 6, 1995 STAFF REPORT VA 95-04 OWNERS: Linda Mae and Cecil Bradley Sullivan and Laura Sullivan Cecil APPLICANT: Lofton Martin Neal TAX MAP / PARCEL: 44 / 6C ZONING: RA, Rural Areas ACREAGE: 0 . 689 acres LOCATION: On the west side of Rt. 660, about 1/2 mile north of Rt. 676 REQUEST: The applicant requests relief from Section 4 . 1. 6, to reduce the size of a reserve septic field from 100 to 50%, for construction of a new home. Mr. Neal intends to build and sell a 3-bedroom house on this property. This lot was subdivided prior to the adoption of zoning in Albemarle, and is nonconforming as to lot size. The applicant unsuccessfully pursued an easement onto adjoining property, in order to avoid a variance request. This variance was originally filed in January and was withdrawn as the applicant followed staff' s recommendation to seek a septic easement. Hardship: At the time this lot was subdivided, the owner intended to build a house there. The property is not reasonably buildable without a variance. The size of this property limits the available area for septic fields. The proximity of a well near the property line on property adjoining to the east, imposes a further hardship because of the requirement for a minimum separation of 100 feet between the well and septic fields. Uniqueness of Hardship: No other property in the immediate area is of such small size. Staff Report - VA-95-04 Page Two Character of the Area: It will not be a detriment to any adjacent properties, and the character will remain the same. RELEVANT HISTORY: There is no history in our zoning files. RECOMMENDATION: It is worth taking into consideration the fact that the applicant is "going into this with his eyes open. " In other words, there is knowledge of this condition of the property prior to purchase and it is not a situation where the plans at the time of purchase were impacted by later regulation. Mr. Neal is the contract purchaser, who intends to market this property once developed. We have heard several cases of septic reserve variances. Staff cannot recall any lots as small as this. In this case, it is staff's opinion that the small size of the lot should be considered cautiously. The concern is that in the event of septic failure, not only are there no currently identifiable options, but other properties are in close proximity. In addition, this property is within the watershed, less than 1/4 mile from the reservoir. The ordinance utilizes a 3-bedroom house as the standard for septic site provisions. This particular lot is less than 3/4 of an acre, almost 1/3 the size of the minimum lot area required within this zoning district. In fact, it would require R2 zoning (2 du/ac) , to be in compliance. That size lot is required by the zoning ordinance to be served by public water and sewer. Therefore, it is staff's position that in the case of such a small lot, it is not necessary to consider building a 3-bedroom house to be the reasonably expected use of the property. Staff agrees with the applicant under criteria #2 , that the size of the lot is unique and not shared generally. However, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Given the size of this lot and the proximity to the reservoir, construction of a 3 bedroom house is not necessary for reasonable use of the property. Staff Report - VA-95-04 Page Three 3 . The applicant has not 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. We do not have evidence that in the event of septic failure, there is little potential for detriment to adjoining wells or the watershed itself. However, staff recommends approval of a septic reserve variance limited to a 2 bedroom house only. This approval could be subject to the following conditions: 1. This variance is granted for septic reserve for a 2 bedroom house. This approval shall be limited to construction of a 2 bedroom house in general accord, and no larger than that depicted in this application; 2 . The Health Department shall be consulted for methods to maintain and protect the septic field; 3 . The Water Resources Manager shall review the building permit and may require measures which shall be aimed towards water quality protection.