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HomeMy WebLinkAboutVA199700018 Review Comments 1998-01-06 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 6, 1998 STAFF REPORT VA-97-18 OWNER/APPLICANT: Gertrude A. Yates TAX MAP/PARCEL: 65/104 ZONING: Rural Areas, RA ACREAGE: 1.0 (0.888 acre by survey) LOCATION: Northeast side of Route 740 approximately 0.2 miles north of its intersection with Route 22 REQUEST: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a front yard to be 75 feet and a rear yard to be 35 feet. Variances of 25 feet from the front yard and 23 feet from the rear yard are requested to allow a dwelling to be constructed 50 feet from the front property line and 12 feet from the rear property line. PROPERTY DESCRIPTION AND VARIANCE JUSTIFICATION: The subject property is presently vacant. It was acquired in good faith by Ms. Yates' mother in 1967. (She already owned the parcel immediately adjacent to the southeast.) The property was then passed to her son in 1980, followed by Gertrude Yates' purchase from him in January 1997. The parcel is the same size and shape now that it was in 1980 when the County Zoning Ordinance was adopted. Ms. Yates' mother still lives on the adjacent property. At only one acre, this is a small, non-conforming parcel. The exceptional shallowness restricts the use of this property. A new survey shows that the deepest point of the property is at the southeast end where it is only 127 feet deep. With 75 foot front and 35 foot rear yards totaling 110 feet, and the 25-foot side yard which moves construction away from the deepest portion, there is only a sliver-shaped building area, 120 feet long, ranging from 15 feet in depth at one end, to a point at the other end. When the setbacks are applied, there is no area in which to construct a dwelling. This widest area is also the area approved by the Health Department for the septic disposal fields. The area where the house can be constructed if this variance is approved, ranges from 100 to 110 feet deep. The house that Ms. Yates wants to construct is 28 feet deep with a 10-foot deck on the rear. This will require a variance of the full depth of the house and deck, and another 10 feet or a total of 48 feet, minimum. All other ordinance requirements can be met. The Health Department has approved both a primary and reserve area for septic disposal fields that meet our regulations. The side yard setbacks can be met. One other physical feature that restricts the building site is a power line which bisects the property lengthwise along the road frontage. For this reason, Ms. Yates prefers that the rear yard be reduced to only 12 feet so that she can maintain the most distance from the power line. Allowing 40 feet for the house construction, a reduction of 25 feet on the front setback will place the house at 50 feet from the road right-of-way. 1 Staff Report: VA-97-18 Gertrude A. Yates Page 2 A review of the variance criteria follows: Undue Hardship The applicant has stated: • The property is long and narrow with the rear line approximately parallel with Rt. 740; • The width of the highway easement does not allow any relief; and, • The drainfield and well locations allow for only one house location on the property. Staff concurs that imposing the zoning setbacks creates an undue hardship due to unique features (shallowness, etc.) of the land. Without a variance, reasonable residential use is not available. 1) The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments: • Most properties in the area are not as narrow. It is staff's opinion that the restrictions to building on this property due to its shape, size and the power line, are unique and not commonly recurring. 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. Impact on the Character of the Area The applicant submits: • The mother of the applicant is the closest neighbor and does not object; • The next occupied dwelling is approximately '/2 mile away; and, • Although not meeting setback, the house will not effect the character of the district at all. Staff has observed that along Rt. 740 to the northwest, there are two areas developed with older, small homes and mobile homes. Most of these appear to meet setbacks, but a few in each cluster were probably within 50 to 60 feet from the road. Therefore, granting the variance will not change the character of the district nor will there be any detriment to the adjacent properties. 2 Staff Report: VA-97-18 Gertrude A. Yates Page 3 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. RELEVANT HISTORY: There is no history in the files of either the Departments of Zoning or Planning and Community Development on this parcel. A letter has been received from the owner of parcels 107 and 102A. They have voiced a concern that there is not enough room on the property for the home. STAFF RECOMMENDATION: Staff agrees with the applicant that this request meets the criteria for approval of a variance and is in harmony with the spirit and purpose of the ordinance. I:\GENERAL\SHARE\BLD&ZON\AMELIA\VA9718.WPD