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Home My WebLink AboutVA199800008 Review Comments 1998-05-05 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: May 5, 1998 STAFF REPORT VA-98-08 OWNER/APPLICANT: Arthur J. and Deborah F. Watson TAX/MAP/PARCEL: 27/20B ZONING: RA, Rural Areas ACREAGE: 6.493 LOCATION: South side of Rt. 674, approximately 0.8 miles east of its intersection with Rt. 810. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 75-foot front yard for all structures in the RA district. A variance of 9 feet is requested to allow an addition to the existing house to be 66 feet from the right-of-way of Rt. 674. RELEVANT HISTORY: PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel was created in 1958 and the house was constructed in 1963. The Watson's have just purchased the parcel this year and have applied for a building permit to double the size of the house. Part of the plan is to remove the existing front porch which is 5 feet deep and replace it with a bay window and a 1.5-foot roof overhang thereby making the house 3.5 feet more conforming. The main part of the addition is actually offset two feet back from the existing front face of the house and, therefore, two feet farther back from the right-of-way. Section 6.4.2 is the applicable section of the ordinance that is currently interpreted to require the house to meet the 75-foot setback. Staff has recently circulated the first draft of text to change the language to allow additions that are no closer to the right-of-way than the existing dwelling if the existing structure meets a yet undetermined minimum setback. This case would come under the new text and not need a variance if the Board of Supervisors adopts it. It will most likely take at least six months of review before any amendment is ready for their action. At this time, the application will be reviewed under the standard variance criteria. There is neither narrowness, shallowness, size, shape, nor topographic conditions that prohibit or even restrict the use of the 6.5-acre parcel. The existing house sits only eight feet into the setback, so an addition could be made without a variance anywhere to the rear or to the side if offset 8 feet farther back from the existing front plane of the house. The applicant argues that the septic system to the rear and the well to one side block those areas from use for expansion. Although these items complicate the issue and add a great deal of expense, they are man-made improvements that can be moved. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows. Staff Report VA-98-08 Page 2 May 5, 1998 Hardship The applicant comments that the variance is necessary because: • The septic is in the back of the house and does not allow expansion to the rear. • The well is to the right of the house and does not allow an addition there. • Pushing the addition farther back would not be aesthetically correct. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. With the existing house, there is reasonable use of the property. 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 hardship of closeness to the road does not seem to be a shared one. Most other properties are setback farther from the road—mostly farms and homes constructed under the current ordinance. Staff saw only two homes in the general area which were similarly situated and may need variances for additions. These should be considered on a case-by-case basis. 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 Character of the Area The applicant offers: • The granting of the variance would only enhance the property value and that of those around it and add to the area aesthetically. Staff agrees that the proposed addition will not change the character of the district. The existing house is setback sufficiently so that it appears to meet setbacks and probably would not interfere with any road projects that VDOT would undertake to widen or realign this stretch of road. 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 only two of the three criteria have been met, staff recommends denial. However, should the Board find cause to approve the request, staff recommends the following condition: 1. This variance is for the addition proposed on building permit B-98-00409AR. Any future additions closer than 75 feet to the right-of-way will require amendment to this variance. C:IJANVARIVA98-08 doc ve afr-Oe t *' .41/44,i,frtgS W �� G�z -i /" 1-71 "ter 51 ,id 5/0 • Iron 0.-1' mile to State Route ENO fnd. cr. /2. N t g9 N IMP 21 - Ic1B )0 co '� CLIFFORD FOX I. w D.B. 1443 p. 055 (plat) 95 m 15'''/ N` I•t Al ACD• ,A 8� O rn 111 tif / _____ S Fs.,_. Nat PARCEL 208 a; 73 c CO 6.4931 Acresro 7cpLTN TMP21 - II oo 2" Y�hiteOak � D.B.D.B. 434 p. 385 w �p �ti �F CLIFFORD FOX D.B. 338 443 (desc) o D.B. b12 p. 3S1 � p cI. Ip DB. 504 p. 361 (plat) / D.B. 241 p. 050 (desc.) VO ' � 0( 1) • C51141.1.1Ci. D.B. III p. 416 (plat) . i �✓A i c EDWARD D. CAh P6tLL. Ili co CERT. 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