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Home My WebLink AboutVA199800014 Review Comments 1998-07-01 1 Tell 4,, iiy COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 223 Charlottesville,Virginia 22902-4.596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 lTD(804)972-4012 (804)296-5875 July 1, 1998 Dear Applicant: For your convenience and to allow you to organize your thoughts prior to the Board of Zoning Appeals meeting on Tuesday, July 7, 1998, please find attached the staff report for your case. Sincerely, q C r-. pv Y- iJ e /<_) -r Jan Sprinkle. Chief of Zoning Administration JSst cc: File STAFF PERSON: Jan Sprinkle PUBLIC HEARING: June 9, 1998 Deferred date: July 7, 1998 STAFF REPORT VA-98-14 OWNER/APPLICANT: Andrew J. Clark, Jr. TAX/MAP/PARCEL: 27/47 ZONING: RA, Rural Areas ACREAGE: 33.48 LOCATION: South side of Rt. 674, approximately 1.2 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. The request is to reduce the front setback from 75 feet to 28 feet to allow an existing house to become conforming, and to 36 feet to allow a two- story addition on the west side of the house. The variances are 47 feet for the existing house and 39 feet for the addition. RELEVANT HISTORY: There are no files in planning or zoning on this property. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel was created and the house built long before our ordinance adoption in 1980. Mr. Clark acquired the parcel in September of 1990 by will from his aunt. It appears from the history files in the county real estate department that the parcel and house have been in the Clark family since at least the 1950's. Mr. Clark would like to add a two-story addition (approximately 16' by 30') that would include a bedroom and bath on the ground floor with a bedroom and unfinished storage area upstairs. The proposed addition will be constructed ten feet farther from the right-of-way than the existing house including the porch. Section 6.4.2 is the applicable section of the ordinance that is currently interpreted to require the house and addition 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 in some cases. This case would come under the new text and not need a variance if the Board of Supervisors adopts it as currently written. 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 33.48-acre parcel. The existing house is entirely within the setback, so no addition anywhere on the house could be made without a variance. Staff Report VA-98-14 Page 2 June 9, 1998 When reviewing a similar variance on the same road last month, it was noted that there were only two other houses in the immediate area which could need variances for additions. This is one of those. The other one that was identified received administrative approval for an addition in 1991 under a different interpretation of Section 6.4.2. The only remaining structures on this road which may need variances from the front setback would be Mrs. Humphries (who recently withdrew her request for multiple variances for new construction, but would need additional variances if she wanted to add to the existing dwelling, studio, or barn on tax map 27 parcel 22), and two homes at the Rt. 671 end of Rt. 674, approximately 1.5 to 2 miles from this request by Mr. Clark. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows. Hardship The applicant comments that the variance is necessary because: • The house was built in 1930; • They need a bedroom and bathroom downstairs; and, • Other homes in the immediate area have been granted variances for the same type of addition with similar setback requirements. 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: • Other property owners have applied for and been granted variances for additions to their homes in the immediate area; • This house was built before the ordinance was in effect. Although there have been four variance requests on this end of Rt. 674 in two months, staff believes these are the unusual cases—not the rule—and 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: • There are no other homes within 1000 feet; • The addition will improve the appearance of this house which will maintain or improve the character of the area. C:IJAN'SIJANVARI VA98-14.doc Staff Report VA-98-14 Page 3 June 9, 1998 Staff agrees that the proposed addition will not change the character of the district. The addition will be farther back from the road than the existing house. 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 in this file. Any future additions closer than 75 feet to the right-of-way will require amendment to this variance. 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' Np�,/..fr� Q�rSQ��d C-a211"-dg al- 10H) ALBEMARLE 15 COUNTY tCALE IN FEET T 00 0 goo rtoa �a��ti 2sc�a..DISRICT ♦1�" OR AN'S RIVER A 'GULT ALSkF(*ESTAL DISTPJCT'� 'wk 43 At r SECTION 27.1r J v / 8001 0 VO -\-jeg00n C C M s r li t�Y�y \ • \ li " 1 I/ SCALE IN FEET 600 0 600 1200 SECTION 27