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HomeMy WebLinkAboutVA199800021 Review Comments 1998-08-04 • STAFF PERSON: Jan Sprinkle PUBLIC HEARING: August 4, 1998 STAFF REPORT VA-98-21 OWNER/APPLICANTS: George B. and Vicki L. Hall, T/A Buddy's Garage TAX/MAP/PARCEL: 95/12B1 ZONING: RA, Rural Areas ACREAGE: 0.676 LOCATION: North side of Rt. 250E, approximately 0.8 miles east of its intersection with Rt. 616 at the Fluvanna County line TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 75-foot front yard setback. A variance of 10 feet is requested to allow a bathroom addition on the rear of the building to be 65 feet from the right-of-way of Rt. 250. RELEVANT HISTORY: SP 94-31 was granted to allow the public garage. SP 96-44 was then granted for expansion of the public garage. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The Hall's acquired this property in good faith in February, 1995 having already received approval of the special use permit to operate a public garage. The parcel is a small, nonconforming parcel that contains the garage building (built in 1961), a well and 2 septic systems. The building is situated on the parcel approximately 30 feet from the front property line and 130 feet from the rear property line. Because the addition will be in the rear, near the middle of the building, it will not be visible from Rt. 250. The Hall's have always intended to add the bathroom for which this variance is needed, and showed it on the special use application approved in 1996. Unfortunately, all other improvements shown in that file, and on the subsequent building permit, were interior renovations. Staff didn't realize until an Inspector was called to approve the footings, that the bathroom was an addition and that it would require a variance. The purpose of the bathroom is to have privacy for the garage staff and to add a shower, which is needed for safety as well as convenience. There is an existing bathroom that will remain for public use. It would be very difficult to renovate the interior of the structure to add the shower without requiring loss of a garage bay, which is necessary to the economic feasibility of the business. This is another case that would not require a variance if Section 6.4.2 were modified to allow additions that are no closer to the right-of-way than the existing structure. As the Board is aware, the draft text proposed by Zoning staff has not been through full staff review and public hearing. VA 98-21 2 August 4, 1998 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: • An "employee only" restroom is needed to include a shower for use in case of contact with caustic substances (from SP 96-44). • The plan for improvements and this addition was submitted about 18 months ago and approved by the Planning Commission and Board of Supervisors. • A building permit was obtained for all necessary work. Most of it was completed last summer, but we waited until this summer to complete the bathroom during better weather. Throughout the entire process, no one mentioned anything about zoning problems until the footers for the bathroom had been poured and were inspected. Staff opinion is that the ordinance causes an unreasonable restriction that allows the variance to be granted. Since the garage opened in July 1995, there has already been reasonable use of this property for three years. However, the addition of the bathroom with a shower is a safety feature that is important at this rural location, so far removed from any emergency medical facility. Granting the variance would be in harmony with the spirit and purpose of the ordinance. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant did not comment on this criteria. Staff finds that although all structures in the RA district must abide by the front yard setback, this is a unique case where the addition of a safety feature will be unseen from the road and is not shared by others in this area. 2. Evidence has been provided 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 bathroom addition will not be visible from Rt. 250. 1.1DEPT\Building&ZoninglReports\VA98-21.doc VA 98-21 3 August 4, 1998 Staff agrees that the addition will not change the character of the district. 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 all three criteria have been met, staff recommends approval with the following condition: This variance is for the addition proposed in this file only. Any future additions (not exempted by new ordinance language) will require amendment to this variance. 1:1DEPT\Building&ZoninglReports\VA98-21.doc ALBEMARLE A 0 COUNTY