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Home My WebLink AboutVA199800012 Review Comments 1998-06-02 STAFF PERSON: Amelia McCulley PUBLIC HEARING: June 2,1998 STAFF REPORT VA 98-12 OWNER/APPLICANT: Duanne D. Carter TAX MAP/PARCEL: 76B/03-3 ZONING: R1 , Residential ACREAGE: 1.59 acres LOCATION: In Nob Hill subdivision off the west side of Stribling Avenue Extended which is off the south side of Fontaine Avenue. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 13.3 Area and Bulk Regulations. A variance of 25 feet is requested to allow a covered walkway to be constructed 0 feet from, or on, the front property line. The applicant wants this variance to cover an existing walkway. RELEVANT HISTORY: There is no history on this parcel in the files of the Department of Zoning. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property was acquired by the current owner in the 1950s. It appears that the parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. The lot is relatively large and is not odd-shaped. Therefore, there are no size or shape restrictions which unreasonably limit the use of this parcel. It is the existing physical development and the topography of the parcel that causes the need for the variance request. The house is located from about 35 feet to 48 feet from the front property line. Parking is provided in front of the house. There is a grade difference between the house and the road/parking area such that steps are necessary. There is some element of hardship in this case resulting from the location of the existing development and the topography of the property. It appears that this particular owner would benefit and may specifically need the covered walkway. In the review of this variance, staff has followed the Code criteria and focused on the property and did not consider individual needs or benefits. It is staff's opinion that a covered walkway is not necessary to reasonable use of property. Therefore, staff recommends denial of the variance request. Staff Report: VA 98-12 Page 2 APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria is as follows: Necessary Finding Number One: Hardship The applicant comments that the variance is necessary: • I need to have a covered walkway from my house to the car parking area in order to continue living in the home in which I have lived for over 40 years. My present walkway and steps are very slippery and dangerous for me to walk along during inclement weather. If I cannot get a variance for the walkway I will be forced to move from my home. Staff can not second-guess the needs of the applicant and we do not attempt to judge the safety factors, given the health of this applicant. Relating only to the property, we cannot identify any hardship as described under the Code of Virginia relating to granting a variance. Therefore, staff concludes: The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Necessary Finding Number Two: Uniqueness of Hardship The applicant notes: - The steep grade and terrain from the side of Nob Hill Circle to my house will not accomodate a driveway closer to my door. - The surrounding properties are either undeveloped or have building sites and existing homes which do not require such steep access. This situation is unique in general and in this neighborhood. As the applicant has stated, the topography dictates the location of parking and the walkway. In addition, the existing location of the house is a constraint. Hence, staff concludes: The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Necessary Finding Number Three: Impact on Character of the Area The applicant offers: - This is a very wooded residential area. Granting this variance will not change the Staff Report: VA 98-12 Page 3 character of the district. - I have over 212 feet of frontage. My house is located nearly in the middle of the road frontage. Staff agrees that this is presently a very wooded area. Very few of the lots have been built and many are not buildable. However, it is difficult to predict the future possibilities if lots are combined and various utilities become more available. The road is a narrow gravel road presently. In the future, it could be widened to accomodate two cars passing. Staff is of the opinion that the proposed addition will be noticeable because there will be no setback. Therefore, staff concludes: The applicant has not 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: Staff can not dispute the applicant's stated needs. Staff has reviewed the variance relating to the property and provision of reasonable use in mind as opposed to the individual applicant's hardship. It is our opinion that the applicant is currently and has been enjoying use of the property without this variance. Because of this and the fact that two of the three variance criteria are not met, staff recommends denial for cause. Should the Board find cause to approve this request, staff recommends the following condition: Any further addition or new construction will require a separate variance application. I:\GENERAL\SHARE\BLD&ZON\AMELIA\VA98-12.WPD ri . - A .......42 1. 0 7 . >n • •dei i 3 i•,eo ! .., 46,. \ )p . 1 _,_.„ \ ,... , ir , ---.4. ,,4 ,,„,....... _. 31 . ) I ---- -.----' • 34 ' •\0 \ <\\\\ 101IIIIM. MINP \.... awe N 7. 0 ♦ ♦ f . _ f • ` .:. \ eftis ...... L 4"1". .11..• •■•••••••••■••••• /49:0 44.1 . 1 1 A3/46i7 • qiumo . g : .. - - ,;1.j . . • • L41 , . ,...,.. i .....„ . 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