HomeMy WebLinkAboutVA199600012 Review Comments 1996-08-06 STAFF PERSON: Marcia Joseph
PUBLIC HEARING. August 6, 1996
STAFF REPORT- VA 96-12
OWNER/APPLICANT: L. A. Trust
TAX MAP/PARCEL. 65/31 E
ZONING: RA Rural Areas, EC Entrance Corridor
ACREAGE: 2.311 Acres
LOCATION: Located on the east side of Route 22, at the intersection of Route
22 and Route 231.
REQUEST:
The applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance which
states: "Area and Bulk Regulations Front Yard Minimum 75' (Seventy-five feet)." The applicant
proposes decreasing the yard requirement from 75'to 44'. The variance is requested to allow
addition of a porch to the existing structure. The applicant states that"Addition of an 8'
projecting porch is a sympathetic component in the renovation of a derelict building into a typical
country store as found in rural Albemarle as an Antique shop on the Entry Corridor(Rts 22 and
231) it helps to define the area and beautify the otherwise unsightly building."
The applicant's justification for the variance includes the following.
Hardship
"The present Floor must be raised 9" minimum. The porch allows a gradual entrance - acts as a
buffer from noise- identifies building entry - protects furniture on display, is inviting to the visitor
and will help assure success of this venture A side porch does not react with the Architectural
Statement."
Uniqueness of Hardship
"Approval of the variance will not create a hardship because of size of property - location of
building, porch shows a sensitivity for the Architectural Heritage of Rural Albemarle. Existing
Building impacts neighborhood in a negative manner because of its location & style."
Character of the Area
`
"Variance will help in upgrading property. The use as an Antique Store is a gentle use of a highly
visible corner and compliments the Cismont Market on opposite side of road. The Architectural
character of the building blends with the surroundings and protects the Entry Corridor.
LA Trust.
VA-96-12
Aug. 6, 1996
page 1
RELEVANT HISTORY
The intersection of Route 231 and Route 600 form the village of Cismont. The arrangement of
structures is reminiscent of a village, the structures are located close to the road. Many of the
structures in this area do not meet the yard requirements of the Rural Areas zoning district. These
structures were constructed prior to zoning in Albemarle County and are considered non-
conforming in their proximity to the right of way.
Two variances have been granted within this area VA 75-05 granted a side yard reduction for a
dwelling allowing a farm building to be converted to a dwelling; this variance is located on Tax
Map 65 Parcel 35. VA 80-53 allowed and addition to the Cismont country store; the front yard
requirement was reduced to 33 feet (Tax Map 65 Parcel 12C)
RECOMMENDATION
The existing building measures fifty-one (51) feet from the Route 22 right of way. The existing
structure is non-conforming in yard requirements, lacking twenty-four(24)feet to be in
compliance. The addition of the porch will decrease the yard by eight (8) feet making this
structure more non-conforming The placement of the porch as proposed at forty-four(44) feet
from the right of way is not inconsistent with the distance from the right of way of structures
existing in the area. The porch will not be an anomaly, nor incongruous and a detriment to the
site.
The property owner has not shown that his property is by reason of the exceptional narrowness,
shallowness, size or shape of this specific piece of property at the time of the effective date of this
ordinance, or by reason of exceptional topographic conditions or other extraordinary situation or
condition of this property or the use or development of property immediately adjacent thereto, the
strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict
the use of the property or that the granting of such variance will alleviate a clearly demonstrable
hardship approaching confiscation, as distinguished from a special privilege or convenience sought
by the applicant, provided that all variances shall be in harmony with the intended spirit and
purpose of this ordinance.
Staff recommends denial for cause:
1) The applicant has provided evidence that the strict application of the ordinance
would produce undue hardship;
The applicant has not produced evidence regarding any exceptional conditions or extraordinary
situation or condition of the property that would unreasonably restrict the application of the terms
LA Trust.
VA-96-12
Aug. 6, 1996
page 2
of the zoning ordinance. The denial of this variance would not alleviate a hardship approaching
confiscation.
2) The applicant has provided evidence that such hardship is not shared generally by
other properties in the same zoning district and the same vicinity;
Currently, structures located in the Cismont area along Routes 22 and 231 form a village and are
located closer to the right of way than required by current ordinance standards. A variance has
been approved for the structure opposite this site allowing the structure to expand within thirty-
three (33) feet of the existing right of way
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 location of the proposed porch will not create an anomaly within this district The character
of this district forms a rural village with many of the structures located close to the road The
placement of the porch would conform to the existing village layout.
LA Trust.
VA-96-12
Aug. 6, 1996
page 3