HomeMy WebLinkAboutVA199700002 Review Comments 1997-06-03 STAFF PERSON: John Grady
PUBLIC HEARING: June 3, 1997
STAFF REPORT VA-97-02
OWNER: Clara B. Leap
APPLICANT: Roland F. Leap
ZONING: Rural Areas, RA
ACREAGE: 3.5
LOCATION: Northwest side of Route 618 approximately 0.1 mile north of its
intersection with Route 795
REQUEST: The applicant requests relief from Section 10.4, Area and Bulk Regulations,
which states, in part, "Yards, minimum: Front (existing public roads), 75 feet." A variance
of 45 feet is requested to allow an addition to an existing dwelling to be constructed 30 feet
from the r/w line of Rt. 618.
The applicant's justification includes the following:
Hardship
- There are only 5 rooms plus bath in existing house with one closet.
Uniqueness of Hardship
- No comment.
Impact on Character of the Area
- Existing house built in 1932 on 5th generation Leap property with 125 surrounding
acres. Addition will have same appearance with vinyl siding as existing dwelling.
The addition will be no closer to the road than the existing dwelling.
RELEVANT HISTORY:
There is no history in either the Zoning files or the Department of Planning and Community
Development files.
STAFF COMMENT:
This property was acquired in good faith by the Leaps in 1940. The parcel is the same size
and shape now that it was in 1980 when the Zoning Ordinance was adopted. The
dwelling subject to this variance request was constructed in 1932 prior to the adoption of
the first Albemarle county zoning ordinance. Since adoption of the first ordinance in 1969
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and the subsequent adoption of the 1980 ordinance, there have been many amendments
and many interpretations of the words on the pages. The section relating to
nonconforming structures has changed. Section 6.4.2 is interpreted to require structures
built prior to the 1969 ordinance to meet the setbacks of the 1980 ordinance. The existing
dwelling is approximately 32 feet from the Rt. 618 right-of-way margin, therefore no
addition to the existing dwelling will meet the current 75 foot setback requirement.
The general area has several homes which are in the same circumstance of not meeting
the front setback. There are approximately six homes within a one-mile radius on Routes
618 and 795 that do not meet the 75 foot setback. Staff has contacted Mr. Gerald Utz of
the local Virginia Department of Transportation office and there are no road improvement
plans for Rt. 618 in the current 6-year secondary road plan. Thus, the granting of the
variance would not cause a substantial detriment to the adjacent properties and would be
in the nature and character of the surrounding environs.
STAFF RECOMMENDATION:
Staff recommends denial for cause:
1) The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
This property owner acquired his property in good faith before a zoning ordinance existed.
However, there is no physical reason nor exceptional topographic condition which restricts
this property to the extent of "unreasonable" or demonstrable hardship approaching
confiscation." The location of the dwelling is the only problem and since the dwelling has
been used for approximately 20 years there has been reasonable use of the property,
therefore there appears to be no hardship.
2) The applicant has not provided evidence that such hardship is not shared
generally by other properties in the same zoning district and the same vicinity.
There are other dwellings in the same zoning district and the same vicinity that share the
same front yard setback problem as the Leaps.
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It is staff's opinion that criteria #3 is met by this variance request.
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.
The proposed addition is to the side of the existing dwelling and not any closer to the Rt.
618 r/w than the existing structure. There are no dwellings directly adjacent to or across
Rt. 618 that would be effected by the addition. Therefore, there should be no detriment
to adjacent property nor change in the character of the district.
Should the Board find cause to approve this request, staff recommends the following
condition:
This variance is for the approval of the addition subject to building permit 97-319AR
only. Any further additions shall require an additional variance.
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