HomeMy WebLinkAboutVA199700006 Review Comments 1997-06-03 1
STAFF PERSON: John Grady
PUBLIC HEARING: June 3, 1997
STAFF REPORT VA-97-06
OWNER/APPLICANT: Harold E. Or Mary Donn Jordan (owner).
Shelter Associates, LTD. (Applicant)
TAX MAP/PARCEL: 70/11
ZONING: Rural Areas
ACREAGE: 8.07 Acres
LOCATION: Located at the southwest quadrant of the Route 250 and Route 691
intersection.
REQUEST: The applicant request relief from Section 10.4 of the Albemarle County Zoning
Ordinance, which states, in part: "Yards, minimum: Front (existing public roads), 75 feet." A
variance of 20 feet is sought to reduce the 75 foot requirement to 55 feet to allow the owner to build
an addition to the side of an existing dwelling. The proposed addition will be approximately 1900
square feet in area. The proposed addition includes a master bedroom/bathroom on one floor and
den on the first floor.
The applicant's justification includes the following:
Hardship
1. The Jordans bought this historic property in good faith with the intention of adding
an addition in the future. The previous setback requirements would certainly have permitted
the currently proposed addition to proceed. Applying the new restrictions to an existing
established property is an undue hardship.
Uniqueness of Hardship
1. There are a number of existing properties in this area that do not meet the arbitrary
setback requirements of the ordinance.
Impact on the Character of the Area
1. The existing house is approximately 50 feet from the Route 250 right of way margin.
The proposed addition will setback another 10 feet from the existing front of the house. The
stucco exterior will remain the same and the style of the residence will remain in harmony
with the rural country setting that exists.
RELEVANT HISTORY:
There is no history in either the zoning files or the Department of Planning and Community
Development files.
STAFF REPORT VA-97-06
OWNER/APPLICANT: Harold E. Or Mary Donn Jordan (owner).
Shelter Associates, LTD. (Applicant)
Page 2
CORRECTED COPY
STAFF COMMENT:
This property was acquired in good faith by the Jordans in 1989. The Jordans bought the historic
property with the interest of renovations and expanding at some point in the future. The dwelling
subject to this variance request was constructed in 1820 prior to the adoption of the first Albemarle
County Zoning Ordinance. Since the adoption of the first ordinance in 1969 and the subsequent
adoption of the 1980 ordinance, there have been many amendments and many interpretations of the
words on the pages. The section of our current ordinance regarding nonconforming structures that
guides this request is section 6.4.2. The current interpretation is that all structures constructed prior
to the 1969 ordinance must abide by the 1980 ordinance. The existing dwelling sets at an angle to
Rt. 250 with the east side of the dwelling approximately 35 feet from the Rt. 250 right-of-way and
the west side of the dwelling is approximately 50 feet from the Rt. 250 right-of-way. Therefore, no
addition to either side will meet the current 75 foot setback requirement. The proposed addition to
the dwelling is planned for the west side and setback from the existing corner approximately 10 to
15 feet.
The general area along Rt. 250 from Crozet to the foot of Afton Mountain has several homes and
businesses which are in the same circumstance of not meeting the front setback There are
approximately 12 homes and businesses within a two-mile radius on Rt. 250 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. 250 in the current 6-year Secondary Road
Plan. Thus, the granting of the variance would not cause 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.
The property owners did acquire the property in good faith and the dwelling was built before a zoning
ordinance existed in Albemarle County. 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 problem. Since the dwelling
has been used for approximately 177 years there has been reasonable use of the property, and
therefore there appears to be no hardship.
STAFF REPORT VA-97-06
OWNER/APPLICANT: Harold E. Or Mary Donn Jordan (owner).
Shelter Associates, LTD. (Applicant)
Page 3
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 and business structures in the same zoning district and the same
vicinity that share the same front yard setback problem as the Jordans.
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 and is set back farther from Rt. 250 than the existing
structure. There are no dwellings adjacent to the Jordans and the dwellings located across
Rt. 250 are partially screened by existing vegetation. Therefore, there should be no detriment
to adjacent property nor change in the character of the district.
STAFF RECOMMENDATION:
Should the Board find cause to approve this request, staff recommends the following
condition:
1. The variance is for the approval of the addition subject to building permit 97-626 AR only.
Any further additions shall require an additional variance.
VA-97-06.WPD-May 21,1997
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