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HomeMy WebLinkAboutVA199500006 Plan - Approved 1995-06-08 1�lll`�'� a .. ��RG1N�P COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 June 8, 1995 Marie W. Morris 1300 St. George Street Crozet, VA 22932 RE: Variance Application, VA-95-06 Tax Map 41A, Parcels 118, 121 and 122 Dear Applicant: This letter is to inform you that on June 6, 1995, during the meeting of the Board of Zoning Appeals, the Board unanimously (5:0) approved your request for VA-95-06, subject to the following conditions: 1. The Health Department shall be consulted for methods to maintain and protect the septic field. 2. The Water Resources Manager shall review the building permit and may require measures which shall be aimed towards water quality protection. 3. The variance shall be listed in the deed to be noted in the chain of title. Under Virginia Code Section 15.1.496-1, if you disagree with this decision you may appeal within thirty days of the date of this letter by filing with the Circuit Court of Albemarle County. If you do not file such written appeal within thirty days, this decision will become final and unappealable. Marie W. Morris June 8, 1995 Page Two If you have any questions, please contact our office. Sincerely, .491,—t„Aie Jan Sprinkle Zoning Assistant JS/db cc: Barbara Brumbach STAFF PERSON: Jan Sprinkle PUBLIC HEARING: June 6,1995 STAFF REPORT VA-95-06 OWNER/APPLICANT: Marie W. Morris and Rose A E Walton TAX MAP/PARCEL: 41A/118, 121, & 122 ZONING: RA, Rural Areas ACREAGE: 1.1 LOCATION: Lots 18 through 22, Lake Albemarle on the north side of the lake REQUEST: The applicants wish to sell these lots as one parcel which could accommodate construction of a three bedroom house in the Lake Albemarle subdivision of William and W.P. Ballard, Jr., shown on a plat dated May 1944. They have been unable to locate the full (100%) reserve septic field required by Section 4.1.6 of the Zoning Ordinance. The soil scientist can only locate sufficient area for a 50% reserve system. 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 - Strict application of the ordinance would render these lots uninhabitable and unmarketable, a severe hardship. - Mr. Morris and Mr. Walton, the husbands of the applicants, acquired these lots in good faith in 1973 in reliance on the covenants and restrictions that run with the land and which stipulate that "All sewerage disposal shall be in accordance with the State Health Department." - The owners are offering the parcels as a single homesite of approximately one acre. Staff Report - VA-95-06 Page Two Uniqueness of Hardship - Tax assessment records show 14 dwellings in this subdivision. At least 12 were constructed prior to the current ordinance. One dwelling received a permit to install a sewage disposal system of less than 1000sq. ft. for a 3-bedroom dwelling in 1978. The hardship has not been shared because most were developed under the minimal requirements of the State Department of Health. Impact on Character of the Area The character of the area will not be changed since the area is developed with single family dwellings as is the current request. There will be no detriment to adjacent properties since approval or rejection of the drainfield site rests with the environmental health specialists of the State Health Department. RELEVANT HISTORY: There have been no Zoning or Planning approvals on any of these lots, with the exception of the combination of some lots. RECOMMENDATION: Staff is supportive of the proposal to combine several existing, nonconforming lots to create a more conforming, more practical building lot. However, our review can not stop at that and consider the combination of 5 lots to be the answer for creating a standard building lot. This case bears many similarities to VA 95-04 for Martin Neal. Both septic reserve requests are for nonconforming, small lots in the watershed. In fact, both are within a short distance to a surface water. Both properties are proposed for sale to others. Any purchase would be with the understanding of the septic limitation of the property. Staff does not concur in whole with the applicant's stated hardships. It is not necessarily true that the property is uninhabitable without a 3-bedroom house. A 2-bedroom house should be considered habitable. The contention that there was reliance on the covenants which noted Health Department approval for the sewage disposal, is not relevant. This argument could be made against the imposition of any new, more restrictive regulation. Staff Report - VA-95-06 Page Three We have heard several cases of septic reserve variances. In this as in the case of the Neal variance, it is staffs opinion that the small size of the property 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 a drinking water watershed, less than 1/4 mile from Lake Albemarle surface water. There is a small spring and stream on this property. The ordinance utilizes a 3-bedroom house as the standard for septic site provisions. This particular lot is almost 1/2 the size of the minimum lot area required within this zoning district. It would require R1 zoning (1 du/ac), to be in compliance. That size lot is required to be served by either public water or public sewer Therefore, it is staff's position that in the case of such a small lot, given the property location within a reservoir watershed, it is not necessary to consider the construction a 3-bedroom house to be the reasonably expected use of the property. Staff agrees with the applicant in part under criteria #2, that the size of the lots is unique in general. However, it is not unique in this area, since most of these lots were created at this size by the subdivision plat. The majority of the lots are 50 ft by 185 ft, or about 0.2 acre. There were approximately 67 lots platted in this area on the same plat, but they have now been combined to only 27 current parcels. However, staff recommends denial for cause: 1) The applicants have not provided evidence that the strict application of the ordinance would produce undue hardship. Given the size of this lot, the location in the reservoir watershed and proximity to other houses, a spring and the Lake, construction of a 3 bedroom house is not necessary for reasonable use of the property. 3) The applicants have 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. There are houses within 200 to 400 feet of this property. We do not have evidence that in the event of septic failure, there would be no detriment to adjoining wells, streams or the Lake. 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Moy, /944 ` Scale:/_"=ea° / 1 1 Y . -- - i,. \ 99 / i93 7 7 7 A i9g \ \ 7 5 / 75 A Y ,,,s , / "N---N / O 197 \S‘ ,p '0 MEM / 199 419%o61oS �f EI .gip sss 1111.11 ''� ALBEMARL �., \ \ MA%III Illk / / ---7 \\., N , VP , 7 8 g 10 _ 77\ 6 / s> 44 12 4,. F3 `,1 45 43 o 73 14 2 3 46 42 58 V ‘ 72 - 71 1 '759 15 `1 47 41 - 57 � 64 t 16 ,63 65 , ,66 .67 48 , 56 60 I? ,62 68 40 / /690 39 55 170 : 1/L 6 I I Subdivision Lake 2 emarle Location Lot No. 118 , 119 , 120 , 121 , 122 ti y5 jk • e i - • isiel5 s4 ' , 0 .4 -- • ! I°I, t ..- :,..,, /''' Ifiliclj 5 .A SCq !"_ (00 _ ,oi( pail, liole.. Hole Slope Depth Material Description ( inches ) A 10% 0-6 Topsoil 6-48 Brown loam ( weathered rock ) 48 Hard B 6/ 0-6 Topsoil VA 45 g-t4 6-18 Brown loam 18-60 Yellow-brown sandy loam C 9/ 0-6 Topsoil 6-24 Brown loam with rock fragments 24 Bedrock D 5% 0-6 Topsoil 6-24 Red-brown clay loam 24-60 Brown sandy loam E 5% 0-6 Topsoil 6- 12 Brown-red clay loam 12-36 Brown loam (weathered rock ) 36 Hard F 7% 0-6 Topsoil 6-24 Brown loam with rock fragments (weathered rock ) 24 Hard G 7% 0-6 Topsoil • 6-30 Red-brown clay loam 30-60 Brown-green andv 1 flam