HomeMy WebLinkAboutVA199800006 Review Comments 1998-05-05 2/
STAFF PERSON: Jan Sprinkle
PUBLIC HEARING: May 5, 1998
STAFF REPORT VA-98-06
OWNER/APPLICANT: Leslie and Lucy Minor
TAX/MAP/PARCEL: 90/6B6
ZONING: R1, Residential
ACREAGE: 2.052
LOCATION: East side of Rt. 631 approximately 1.2 miles south of its
intersection with Rt. 781(Sunset Av.).
TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from
Section 13.3, Area and Bulk Regulations, which requires a minimum side yard of 15
feet. A variance of 3 feet is requested to allow an addition to the existing house to be
12 feet from the property line.
RELEVANT HISTORY: There are no files related to this parcel in planning or zoning.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel was
created in 1973 and the house was constructed in 1974 under our prior zoning
ordinance. Mr. Minor purchased it in good faith in 1974. At that time it was zoned Al,
Agricultural, and carried a 25-foot side yard requirement. In 1980 the property was
zoned R1 in the County's adoption of the current zoning ordinance. With that zoning
classification came the reduction of the side yard to 15 feet.
This parcel has no exceptional narrowness, shallowness, size or shape, and no
exceptional topographic conditions or other extraordinary situations that contribute to
the need for this variance request. The only condition or situation of the property that
causes this request is the location of the house on the lot and the size of the addition
desired by the owners. The existing house is a two-story structure with a walk-out
basement. The proposed addition is for a master bedroom complex (including a full
bath and walk-in closet) and an office on the front-entry level of the house. Because the
house is slightly skewed on the lot, the proposed office at the front of the addition as
well as the closet to the rear can both fit without encroaching into the side yard.
However, the bedroom portion in the center of the addition extends 2.5 feet into the
setback. If Mr. and Mrs. Minor would make the addition slightly smaller, they would not
need the variance. (There is a letter from the property owners abutting the side closest
to the proposed addition stating that they do not object to the variance.)
APPLICANT'S JUSTIFICATION AND STAFF COMMENT:
A review of the variance criteria provided by the applicant and comments by staff
follows:
•Staff Report VA-98-06 Page 2 May 5, 1998
Hardship
The applicant comments:
• Staying within setback would allow for window space on only one wall.
Staff cannot identify any hardship as described under the Code of Virginia relating to
granting a variance. Reducing both the office and the bedroom by 2.5 feet would allow
the same 4-foot offset for a window as is currently proposed. By adding another "step"
in the end wall, the bathroom and closet would not have to be reduced.
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship .
The applicant notes:
• This situation does not relate to other neighborhood properties.
In this zoning district and this vicinity there are a number of houses that are so close to
the property lines that they may not be able to make additions as large as the one
requested here. All R1 lots that were created on one plat in 1974 and are adjacent to
this one must abide by the same requirements.
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.
Impact on Character of the Area
The applicant offers:
• Adjacent property owners agree that this variance would not be a detriment to their
property.
Staff agrees that the proposed addition with the variance will not change the character
of the district. The adjoining property is already developed with a dwelling
approximately 62 feet from the side property line. This separation will allow sufficient
light, air and landscaping so the properties will not appear crowded.
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.
STAFF RECOMMENDATION: Since two of the three criteria for variance have not
been met, staff recommends denial.
Should the Board find cause to approve this request, staff recommends the following
condition:
The variance is for the addition described in this file only. Any future additions will
require amendment to this variance.
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� ,.`���-�� � � LOT 6, BL
6 I. OWNER(S): LESLIE W. & LUCY L. MINOR. FOF
�`� �� 2. ACCORDING TO THE FLOOD INSURANCE RATE MAP SCOTT.
O ..2 DATED 12-16-80 (COMMUNITY PANEL 510006 0335 B) ALBEMARL1
L) ROGER � R�..T� - ` THIS PROPERTY DOES NOT LIE IN ZONE A (100 YEAR SCALE: I" _
�`0 1331 F FLOOD PLAIN) BUT IS LOCATED IN ZONE C.
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