HomeMy WebLinkAboutVA199500019 Application 1995-11-06 County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
(804) 296-5875 FAX (804) 972-4060
VA- Ck1
- I l , DATE: /J-6 "95
FEE: $95.00 / //�X STAFF:
VARIANCE APPLICATION
OWNER (as currently listed in Real Estate)
Name Charles C . Leake v;�;;� 1 Phone (804 )974 -9887
Address 8001 Washington Court , Charlottesville , VA 22901
APPLICANT (if different from above)
Name Phone ( ) -
Address
CONTACT PERSON (if different from above) •
Name d a CC,- e nS Phone ( ) -
n 1 Day` Phone --�'(� ) -
Address q)I FCCLi.'COY\C' r ' Ue, l .`'1lt>- !C+-r�
1fe_5CoilIc-
LOCATION:
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY
TAX MAP 3. , PARCEL ; TM , P ; TM , P
ZONED: Ra ORDINANCE SECTION:
Board of Zoning Appeals Date: L/30/±S
( ) Special Permit ( ) Variance
( ) Proffers
BZA ACTION: ieG,)PeQ (?op( ,4,4 _
1) VA-95-19 . Charles & Vickie Leake(OWnerS) . Located at 8001
Washington Court in Jefferson Village. TM32D/PB19 , zoned R-2 .
Variance to reduce front yard setback for an existing house from 25
feet to 14 ft. \qlr\
4
DESCRIPTION OF REQUEST: See attached
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
See attached
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
See attached
3) 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.
See attached
The application may be deferred by the staff or the Board of
Zoning Appeals, if sufficient information necessary to this review
has not be submitted by the deadline.
I hereby certify that the information provided on this application
and accompanying information is accurate, true and correct to the
bes of my knowledge and belief.
1 \ va1(ASc
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Signature Date Receipt# Date
DESCRIPTION OF THE REQUEST:
Charles and Vicki Leake request the Board of Zoning Appeals to grant a
zoning variance of approximately 11' in the 25' county set-back to accommodate an
addition to their home at 8001 Washington Court which was completed on October 13,
1994 As the Board is aware, VDOT has a 25' right of way from the edge of the road
and the County set-back is 25' in addition to VDOT's right of way. Even though the tip
of the addition is located 39.5' from the edge of the road, it encroaches significantly on the
county set-back. See Survey by B. Aubrey Huffman& Associates, Exhibit A attached.
In early 1994, the Leakes carefully planned to build a 24' x 24', attached
two-car garage to add to the value of their home in anticipation of selling it. They had put
new siding on the house gables and windows, new shutters, doors, planted shrubbery and
renovated the inside of the home. Mr. Leake is retired and he performed the work himself.
Mrs. Leake is a Clerk at the United States Postal Service. Their home contained roughly
2,610 square feet with 3 bedrooms, 2 baths, a kitchen, dining room and living room on the
first floor and two family rooms and a laundry in the basement, with an asphalt driveway
approaching from the south.
As the Leakes planned the positioning of their addition, it became apparent
that the only feasible space was on the south side of the existing structure for a number of
reasons. As the Board can see from the floor plan of the home, Exhibit B attached, it
would have been unsightly to place the garage on the front face of the home with access to
the garage through a bedroom. The north side of the home also presented an access
problem and would have required moving the underground electrical, cable and water lines
which entered the home in that area. And, the land sloped sharply away from the home on
the north side, making the building project difficult Placing the addition at the back of the
home would have presented an awkward appearance, interfered with an existing wooden
deck and required additional driveway access. Thus, the only feasible location was on the
south side of the home.
Mr. Leake obtained a building permit on March 18, 1994, to construct the
garage. See Exhibit C attached. And, he obtained all necessary inspections. See Exhibit
D attached.
Soon after the garage was under construction, the Leakes decided that they
had put so much work into the home that they preferred to stay and enjoy it rather than
selling it. They had become close to their neighbors and enjoyed the location They
needed more space, however, to accommodate an unexpected increase in their family from
5 children to 8 children in the space of one year Two children from Mr. Leake's previous
marriage came to live with them and they had a new baby on July 2, 1994 The space
over the garage accommodated 4 additional bedrooms nicely and the Leakes obtained an
additional building permit for this work on June 16, 1994. See Exhibit C-1 attached.
The addition was built very professionally. It was not placed on a poured
slab of concrete but set on poured footings joined with rebar with the center support
beams tied in below the slab. The addition also produced a significant improvement in the
appearance of the Leake's home, see Exhibit E attached. This addition alone cost the
Leakes approximately $30,000.00 to construct. The Leakes obtained a Certificate of
Occupancy on October 13, 1994, see Exhibit F attached.
In order to finance these extensive improvements, the Leakes had obtained
a $65,000.00 remodeling loan with a 4 year balloon which they intended to pay off when
their home sold. However, when they decided to remain in the home themselves, they
realized that they would not be able to generate the income necessary to meet the balloon
payment. They applied for 30 year permanent financing with United Southern Mortgage
Corporation of Roanoke and were prepared to close the loan on Friday, October 27,
1995 At the last minute, the lender received a report from the surveyor indicating that the
addition encroached on the county set-back and refused to close the loan. The Leakes
were shocked and immediately called the Zoning Office for guidance. They were
instructed to determine whether VDOT would grant a right of way reduction. On
November 1, 1995, VDOT rejected their request, leaving them no choice but to request a
variance from the County. See Exhibit G attached.
JUSTIFICATION NUMBER 1:
Strict application of the set-back ordinance would produce undue hardship
for the Leakes as it would require the demolition of their addition. Even if the Leakes had
the necessary financial resources, there is no feasible way to move the addition 11' to
accommodate the county set-back. The construction of the garage was purposefully made
permanent and durable.
Since it could not be moved, the addition would have to be demolished to
satisfy the county set-back requirement. The Leake's estimate that demolition would cost
approximately $12,000.00 to $14,000.00. In addition to the damage demolition might
cause to the remaining structure, taking the garage off the house would leave the entire
south face exposed, requiring refinishing of the walls and new siding, costing
approximately $4,000.00. Demolition would significantly impair the attractiveness of the
house to the neighborhood and reduce its estimated market value from approximately
$120,000.00 as it currently stands to $90,000.00 after demolition.
The result of this financial hardship would be that, after demolition, the
Leakes would be forced to sell their house. As discussed above, any addition would have
to be located on the south side of the house. If they simply re-built the addition 11' from
its present site, the size of one of the already modest bedrooms would be reduced to 10' x
10' to allow access and the architectural integrity of the home as it now stands would be
significantly impaired The Leakes would be forced to borrow additional funds to
complete the demolition, which would throw them into a financial crisis. Rather than
rebuilding, they would be forced to sell the home and receive a reduced price from what it
would currently bring. They could lose as much as $30,000.00 on that transaction, and
would incur the costs of moving and purchasing a larger home. The enormity of this
financial hardship is unconscionable in light of the Leakes' careful compliance with
obtaining building permits and all necessary inspections from the inception of this project,
their professional construction of the addition, and the approval of neighbors.
JUSTIFICATION NUMBER 2:
While many of the neighboring lots have roughly the same narrow shape
and size as the Leake's property, they do not share the undue hardship placed on the
Leakes by strict compliance with the set-back requirement. See Exhibit H attached. On
Washington Court, the Leake's lot #19 faces a sister lot #15 across the road which is very
similar in size and shape. However, the house on that lot faces onto Colonial Drive with
no available land on either side of the house to construct an addition that would not also
interfere with the VDOT right of way as well as the county set-back. To the best of the
Leake's knowledge, none of the other neighboring homes on Washington Court have
encroached on the county set-back.
JUSTIFICATION NUMBER 3:
The authorization of such variance will improve the value of the adjacent
property rather than be of significant detriment. The addition is an architecturally
consistent extension of the Leake's home that has added significantly to its market value.
It was constructed in a professional manner and is attractive from the road.
Each of the neighbors with land adjoining the Leake's property have signed
a statement of approval of the requested variance. See Exhibit I attached.
The character of the area will not be affected by granting the Leakes a
variance. The neighborhood consists of single family dwellings with many young families
and couples with grown children. There are at least two other families with a large
number of bedrooms to accommodate a large number of children. There are both attached
and stand-alone garages in the neighborhood as well as much larger houses than the
Leake's with significantly greater living area Thus, the Leake's home is consistent with
others in the neighborhood and enhances the neighborhood.
re:leakevar
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1O-26-199S 11!14RM FROM TO 2963629 P.02
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THIS IS TO CERTIFY THA ON OCTOBER i9. 1995. I SURVEYED THE PROPERTY SHOWN ON
THIS PLAT AND THAT THEJTITLE LINES AND WALLS OF THE REJTI.OTNGS APF SHOWN HEREON.
NO TITLE REPORT FURNIS ED.
SERVICE UTILITIES ARE NOERGROUND.
PROPERLY IS NOT IN A H 0 DEFINED 100 YEAR FLOOD ZONE
BUT IS LOCATED IN FLOC ZONE "C" AS SHOWN ON A LIF? . WA
COMMUNITY PANEL No. 51 006-01256.
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LOT 19 - BLOCK B --- SECTION 2
JEFFERSON VILLAGE
SCALE: 1 " - 40 ' ALBEMARLE COUNTY, VIRGINIA OCTOBER 19, 1995
BE AU HUF AN at A, TE. LTD.
CIVIL NGINEERING LAND SURVEYING LAND PLANNING
7 CHARLOTT.ESVILLE, VIRGINIA
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SK. :CH/AREA TABLE A.JENDUM
Fie No: 4D-7052
a Borrower/Client
Li Leake, Charles C.
E Property Address
j 8001 Washington Court
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c Charlottesville Albemarle Virginia 2 2 9 01
T Lander County
-.... United Southern Mortgage
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Date / Land Use Yes
s�FA BUILDING PERMI•I Permit# �' _Yes
County of Albemarle, Inspections Dept.
®� 401 McIntire Rd., Charlottesville, Va. 22902-4596 Project #
Applicant to complete r Telephone (804) 296-58
numbered spaces_only l'inGicilP Fax (804) 972-4060/ // / (7)
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NAME akl-A L'� X,:.&4 e NAME /6 e.
CC
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cr W ADDRESS p() 6 � (6(l.5 V ADDRESS
3 C CITY eth_i_ a -qo G7 Z CITY
PHONE 7 (/f 7 V PHONE 5 �
Architect or Designer Mail Address
• State Reg.—County_State—Exempt— j
6 ' t41 of frame Ty Heating/Mechanical
asonry Wood OSteel ❑Other ` O ❑Gas ❑Electric ❑Heat Pump
7 pe of wate su I Fireplace ❑Wood Stove ,, ,
Public ❑p t Central Well ❑Other
8 Type of sewage d' sal
❑Public ❑Se7 T�. 5%F 5 7kf )
9 Class of work: ❑NEW ADDITION ❑ALTERATION ❑REPA er .,-- ('
10 Describe work: Q, , ( /.3 jt, n /j ' /y ';'i, l4
No.of stories Sq.ft.area 1st r d fl r Gage Basement Finished area Decks Porches
Crawl Space ❑ Slab Zoning ���
PROPOSED USE SET BACKS /�/11► Permit Fee 57 4
-
i
Front 7S 1%Surcharge
One Family 0 .Bedrooms Bathsaggar
Back C7 Value of Work ��� I7 S ,
//�� Total f -r ' .
age Carport L_Kitchen R.Sd. /
Ot of L.Sd. I n Type of Use Floor
1 , h� Corwt. YL. Group y /1 Live Load �7�
Zoning Dist. ' U School Dist._ /r G� �.'"i
fax Ma VI 'arcel 19 Size of Bldg No.of Max. J
I�1� (Total)Sq.Ft. I ' 0. Stories Z, Occ.Load !/ Q
LotI Blk. '� Sec. Acre v
Subdivision Fire #' Fire Sprinklers .
Grading r_/,� Required Yes �lo
Plans reviewed e by / Zoning approved for issuance Building
6 Approved for issuance by No.of No.of Structures
�a D / LID l Dwelling Units l `
!"�i, �� � q7gIed �'' ."-- Special Approvals Required Recei ed Not Required
Q
Zoning 1, 31?cCi i1./j
NOTICE Health Dept C
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- Run Off Control I
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- Service Authority / ,j 1-V-t-1.�
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR Planning I
`
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER Highway Dept. i ---""
WORK IS COMMENCED.
I HEREBY CET . T1 READ AND EXAMINED THIS Prel./Final Zoning `�
APPLICATION I;+ '!'a'•
ETOBETRUEANDCORRECT. Soil Erosion I 1-(,C3 4 Prn5
ALL PROVISIO a e 'DINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED Recorded Plat /
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING ,
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
REAL ESTATE DEPT. APPRAISED VALUE
- SIGNATURE OF CONTRACTOR OR AUTHORIZE AGENT (DATE LAND $
BUILDINGS
NATURE OF OWNER(IF OWNER (DATE) TOTAL $ re'
WHEN PROPERLY VALIDATED (IN THIS SEACE) THIS IS YOUR PERMIT '�
ADDI I(`ATtritu TAK�h1 ray- In ) PERMIT VALIDATION (CK.) M.O. CASH
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COUNTY OF ALBEMARLE
Department of Engineering
401 McIntire Road .
Charlottesville, Virginia 22902-4596
($04) 296-5861
AGREEMENT IN LIEU OF EROSION AND SEDIMENT CONTROL PLAN
FOR A SINGLE FAMILY RESIDENCE & APPURTENANT STRUCTURES
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Building Permit No. ?
/
Subdivision ;/(/
-
Tax Map �r [) Parcel /
Lot / Block Section -_�
In lieu of submission of an erosion and sediment control plan for development of a
single family residence and/or appurtenant structure, I agree to comply with the
requirements of the Virginia Erosion and Sediment Control Handbook, latest edition,
and install erosion control measures in accordance with the Handbook standards and
specifications in order to protect against the transportation of soil off of the
property. I further agree to comply with additional requirements determined
necessary by employees of the County of Albemarle, Virginia, representing the
Director of Engineering. Such requirements shall be based on established
conservation standards and shall represent the minimum practices necessary to provide
adequate control of erosion and sedimentation on or resulting from this development.
As a minimum, all denuded areas on the site shall be stabilized within seven (7) days
of final grading with permanent vegetation or a protective ground cover suitable for
the time of year. Temporary soil stabilization shall be applied within seven (7)
days to denuded areas that may not be at final grade but will remain dormant
(undisturbed) for longer than 30 days.
I further understand that failure to comply with such requirements within three
working days following notice by the representatives of Albemarle County could result
in a citation for violation, and will require the submission and approval of an
erosion control plan and posting of a performance bond as provided in Sections 7-4
and 7-5 of the Albemarle County Erosion and Sediment, Control Ordinance.
lug- (17 _
Signature of Landowner -- Date
OR
Signature of Authorized Agent Date
APPROVED BY 4 U'� "� �\. , lr Date q \
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Comments from Plan Approving Authority:
Copies: White - Engineerin Yellow - Inspections
Pink - Landowner: )- n.
• V "1.cziAQ
07/01/93 FAX (804) 972-4060
• Date \I tI(04- .
o� nC�
� 9 BuiLDING PERMI Permit #Use (//� Yes ?1�//No
��OF ALp� 1/- Q3:3" r\
AI'''`1(Ih,,r County of Albemarle, Inspections Dept.
• ,. 401 McIntire Rd., Charlottesville, Va. 22902-4596 Project # 9y- 64954,
Applicant to complete i ., Telephone (804) 296-5832
numbered spaces only °/RcisQ. Fax (804) 972-4060
NAME e, 1 f - NAME
CC
2 W ADDRESS S�l l !��✓__ C •V ADDRESS
3 p Cll& +( U l(/&L4 /CU l V .4 yc�� iCJ, Z CITY
4 0
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PHONE 11 - gni-1 V PHONE t
5 Architect or Designer Mail Address �
State Reg._County—State—Exempt VVV
6 Type of frame / Type of Heating/Mechanicalejy/y� "III/����
❑Masonry ood ❑Steel ❑Other ❑Oil ❑Gas ❑Electric eat nip 1
7 T p of water supply ❑Fireplace ❑Wood Stove
blic OPrivate ❑Central Well ❑OtherIN
8 T of sewage disposal Nt
'Public OSeptic j�
9 Class of work: ❑NEW ❑ADDITION LYJALTERATION ❑REPAIR ❑Other
10 Describe work: fl Nth 12I1Y) / �� yt j�Q�( (� '_I I�[�-� oo 1 INo.of stories Sq ft area lstfloor 2ndflo r r( {(Garage C �BaseniLnt - Finished area Decks Porches
Zoning
PROPOSED USE SBACKS Crawl Space ❑ Slab 0 Permit Fee �,8
Front 1%Surcharge t
One Fam'ly Li Bedroo qO Baths Back \ Value of WorkQr. Q� , �.
Garage f� Carport 0 Kitchen R.Sd. \ t l�J Total _}
Other L.Sd. \ Type of Use
Group Floor
tConet. Live Load
Zoning � n/,Dist. Q i V School Dist. t]
Tax M Parcel /� Do /�/� Q / /�/� Size of Bldg No of Max
tom" ✓i." Lam/��[1 O/�C.�J (Total)Sq.Ft Stories q Occ.Load
Lot ii BIk.? Sec. 1 Acres
Subdivision ,Q� '/ / / Fire Fire Sprinklers
�/(. , ; , V' )(oG Grading
1 Required Oyes '.ONo
Plans reviewed by Zoning approved for issuance Building
./I Approved for issuance by No.of No of Structures
�`,:J Dwelling Units
(/� J � I��I � Zy
i'r /f- )� --I n_,�CC�_�._,,,._ Special Approvals Required ,Received Not Required
/ Zoning tV -/yq,/
ri
NOTICE Health Dept -
r ✓
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- Run Off Control 17
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- Service Authority ✓
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR Planning ✓
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER Highway Dept ✓
WORK IS COMMENCED
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS Prel./Final Zoning
APPLICATION AND _ • BE TRUE AND CORRECT. Soil Erosion `"/
ALL PROVISIONS 0 p a •NCES GOVERNING THIS
TYPE OF WORK WII t . 9 TH WHETHER SPECIFIED Recorded Plat ' /
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT i/
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
REAL ESTATE DEPT. APPRAISED VALUE
IGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE LAND $
I BUILDINGS
is
I NATURE OF OWNER(IF OWNER BUILDER) (DATE) TOTAL $
WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
APPLICATION TAKEN BY: ric\ PERMIT VALIDATION CK.J M.o CASH
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DEPARTMENT OF INSPECTIONS
296-5832
1-51410 41 -3q fik., -.:it_i j f'777 -,..:'
Date: Bldg. Permit No Permit No.: _ _
Time. 2--'---)C ,' Type of Inspection.
11 Approved ❑ Rejected
COMMENTS.
•
NOTE: First inspection
no charge, second reinspection
$20.00 fee
Inspector
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COUNTY OF ALBEMARLE
DEPARTMENT OF INSPECTIONS
296-5832
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Date: / �-' ' / Btdr . Permit No. � `' " Permit No.:— 74
Time: //_ L/ Type of Inspection
t' pproved 0 Rejected
COMMENT//S:
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NOTE: First inspection J
no charge, second reinspection
$20.00 fee.
Inspector
By: a J r
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COUNTY OF ALBEMARLE
DEPARTMENT OF INSPECTIONS
296-5832
Date: I fib Idg. Permit No.(� Permit No.:
: Time:1Z- ') )Tye of Inspection. .F` r F7S
Approved 0 Rejected
COMMENTS
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no charge, second reinspection
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DEPARTMENT OF INSPECTIONS
296-5832
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Date: 41) 9 41t Q-dg. Permit No. 73, e No.•
Time: i Type of Inspection.
0 Approved 2' 4ejer..:ted
COMMENTS.
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NOTE:First inspection
no charge,second reinspection
$20.00 tee.
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Exhibit E
Charles and Vickie L__. _e ' s Horde Photos Taken No' ber 6, 1995
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Inspections Department
401 MCINTIRE ROAD.ROOM 2-2
CHARLOTTESVILLE.VIRGINIA 22901-4596
(804)296-5832
CERTIFICATE OF OCCUPANCY PERMIT
This is to Certify that the 2nd story living addition over existing garage erected on
Tax Map No. 32D Parcel 19 Lot No 19 Blk _--B Sect 2 Phase
Legal Description 032D0-00-0B-01900
Subdivision Jefferson Village Street/Route No _80.01__Washington_ Conrt_ �1
Owner Charles Leake Type of Const 5B Fire Grading _.
Building Permit # 94-933 AR Use Group —__R4__ Zone __ R2____ _ _ District Special Conditions
Conditions
Any change of use voids this Certificate of Occupancy
Date November 6, 1995
B IL IN OF ICIAL
ZONING ADMINISTRATOR
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COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P O.BOX 2013
DAVID R. GEHR CHARLOTTESVILLE,22902-2013 A.G.TUCKER
COMMISSIONER
RESIDENT ENGINEER
November 1, 1995
Washington Court
Jefferson Village
Albemarle County
Ms. Vickie L. Leake
8001 Washington Court
Charlottesville, VA. 22901
Dear Ms. Leake:
We appreciate the opportunity to review your request for a right of way
reduction on Washington Court, however we must deny this request because we feel
the right of way is necessary for the integrity of the road.
I suggest a variance with the County since this will not impact VDOT right of
way.
If I can be of further assistance to you, please let me know.
Yours truly,
9
. W. Mills
Assistant Resident Engineer
HWM/ldw
cc: K. W. Staton
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EkibiY- a-
We the undersigned residents of Washington Court wish to voice our
approval of the request of our neighbors, Charles and Vickie Leake,
for a reduction of the required county setback of 25 ft to 14 ft for
the front corner of their new addition constructed in 1994 and approved
by Albemarle County at that time on the cul de sac of Washington Court.
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