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Home My WebLink AboutVA199800024 Review Comments 1998-10-06 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: October 6, 1998 STAFF REPORT VA-98-24 OWNER/APPLICANT: Charles W. and Effie M. Nash TAX MAP/PARCEL: 101/12A ZONING: RA, Rural Areas ACREAGE: 2.077 LOCATION: North side of Rt. 708 approximately 0.1 miles east of its intersection with Rt. 631. TECHNICAL REQUEST AND EXPLANATION: The applicants request 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 47 feet to allow construction of a garage and workshop. The variance is 28 feet. RELEVANT HISTORY: There are no files in planning or zoning on this property. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Mr. and Mrs. Nash purchased the original 1.577 acres of this property in August of 1977. They later added another half acre so that it now totals 2.077 acres. Measuring approximately 650 feet wide by 180 feet at the deepest, the parcel is wide and relatively shallow. There are a number of physical restrictions on the property, such as a power line that traverses the entire width, approximately three-fourths of the way back between the road and the rear property line. There is also a steep slope that cuts the full width of the property from the northeast to the southwest. It runs fairly straight with the power line to just south of the house where it gradually becomes less severe and cuts back toward the road. There is a creek along the rear property line at the bottom of the slope, that under our current water protection ordinance commands a 100-foot undisturbed buffer. Between that 100 feet and the front 75 feet, there is only a short strip of 5 usable feet where one could legally build anything on the property. There is no question that our ordinance restricts this property and that a variance could be granted if the desired structure were the main dwelling. However, the property is already developed with a single-family dwelling, a single car garage and a small shed. Both the house and the existing garage are situated about 50 feet from the right-of-way of Rt. 708. The current intent is to build a 28x28 two-car-sized garage that would be used mainly by the Nash's son who resides with them. He is paralyzed and confined to a wheelchair. The new garage would give him space to enter and exit his car more easily in bad weather and allow him to have a workshop for his hobbies. It is notable that Mr. Nash is also disabled, has difficulty walking and cannot maneuver the slopes on the property. There is no question that there is some personal hardship in this case, however, staff finds that because reasonable use of the property already exists, the hardship is not "undue" as defined by the state code. By the code, granting the variance would be considered a convenience for the applicants. A windshield survey of the neighborhood noted that of seven houses and two churches, five structures appear to meet the setback from the road, one has been granted a variance and three appear to be nonconforming to our setbacks. . Staff Report VA-98-24 Page 2 October 6, 1998 APPLICANTS' JUSTIFICATION AND STAFF COMMENT: Hardship The applicants comment that the variance is necessary because: • The property is only somewhat level from about 75 to 80 feet from the road. Then the land drops off very badly. • Also there's a powerline that runs through about 80 to 100 feet from the road. Although the physical features of this property do impact its ability to be developed under our ordinance, the property is already developed and it is not unreasonable to restrict the property to the use that already exists. 1. The applicants have not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicants note: • This property has the most drop-off of any property near us. The uniqueness of the hardship caused by the shape of the lot and the physical constraints within the lot should be noted. When the front setback and the rear stream setback are applied, there is not sufficient area to build anything wider than 5 feet. 2. The applicants have 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 applicants offer: • This garage should have no effect on adjacent property except improvement to ours. Staff agrees that the proposed structure will not change the character of the district. The new garage will be approximately in line with the existing house. The property has such long road frontage that there is sufficient space that the structures will not appear crowded. 3. The applicants have 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 garage proposed on building permit 98-1331 NNR. Any future additions or structures closer than 75 feet to the right-of-way will require additional variance. 1:1DEPTIBuilding&ZoninglReports\VA98-24.doc . L i e A/0-M - w 'Z - 7C90 101 _ )2 19 CG\tvi/(,�-' Owner: ' v C(--- /-) ,3-3q/ R-ett 1117/ 12 r Contractor: pF AL6E, . t.,:frsi ��' COUNTY OF ALBEMARLE DEPARTMENT OF INSPECTIONS 296-5832 �C �� g_ �')) jPerm No.: Date: b Bldg. Permit No. Time:4 40e/"Type of Inspection: 0 Approved XRelected COMMENTS: F0.2 8' x i. 3 ' T 'Ti o / -v i.✓�r /�2 - b ter 0/.1 DE j7-4 ,/c.r&.c.)->c,/ MA—fit--may 2_6 ' 700 C- o ' C c -'J Attr Sege ,14.Nasty mt ,4 2 t t WePti . 7 Inspector / -4_//t) By. )9 /(::, /oil -6) -0o -60/46 . Date 3 j6n County of Albemarle Land� 4-1 ,�Malt,. BUILDING PERMIT Permit " „/3eS ,/',4'i s I9 Building Code and Zoning Services JC L'' Wm' 401 McIntire Road, Charlottesville, Va. 22902-4596 Project # Applicant to complete �, ,7 • f Telephone (804) 296-5832 numbered spaces only 'i1,ctn'' Fax (804) 972-4126 1 NAME (4t 1�S Q4 /LH ! ) wr "27 NAME /h971 �. cc 2 f O ' 4 �G V ADDRESS O W ADDRES • �I 3 cc 3 '/r .A- a • • U - 1- CITY p CITY V I l/ Z E - k- 4 & 3 Y 0 V PHONE 1 PHONE / 5 l 1 Ai °"� eSigner C 7 - "/a,. 4,4_, State Reg. County Exempt Q.cj 6 Type of fra Type of H ti Mechanical C ❑Masonry Wood ❑Steel ❑Other ❑Oil ❑G eectric ❑Heat Pu 7 T pe of Sva ply 0 Fireplace 0 Wood-BtDve ' Public to ❑Central Well 0 Other 0 Gas Logs C • 8 Type of sewag d 9sal OPublic ❑ ep '1 9 Class of work: C1EW ❑ADDITION ❑ALTERATION ❑REPAIR ❑Other \\ ` 10 Describe work: /5 ff1.(L'��h/G� r�>'.. A ) c!o/ _ /fX . (- , X(_) 5 No.of stories ' Sq ft area 1st floor 2nd floor Garag‘U Fin Ba ant Unfin.Basement Decks Porches C \ Zoning 1 PROPOSED USE SET BAC>5 Crawl Space 0 Slab1 Permit Fee / J Front /3 1%Surcharge • '� 7 Value of Work �/CcY 1 �/' One Family Bedrooms Baths Back i Total ! /• /? ) ('lt-C ge Carport Kitchen R.Sd. C> I!'Sd ' S O Type of Use Floor Othygf / J1 Const. Group Li Live Load Zoning h/-) Dst. 00 // School DI t L Tax Map/Parcel / --co —I-•') O/ iss _ Size of Bldg No of Max. p H./co�- �� (Total)Sq Ft Stories , Occ Load Lot Bik Sec. Acres No of / No.of Accessor Fire Sprinklers Subdivision Dwelling Units Structures f Required Oyes ❑No Plans review by Zoning approved for issuance Building✓in /// 'r\ APproveC 1 ce by i� V - \ 1t'i/3, ,__,_,__ —�� Special Approvals Required Plecrrved /Not Required Zoning l U/1115 f G NOT �i Health Dept C. SEPARATE PERMITS ARE REQ FOR ELECTRICAL, PLUMB- Run On Control ING, HEATING, VENTILATING R Fi4G;Dftt0ING. THIS PERMIT BECOMES tL AND, VOID IF ORK OR CON- Service Authority / I STRUCTION AUTHORIZED l`X(3L1 CED WITHIN 6 MONTHS, OR IF CONSTRU T N OR WORK IS SUSPENDED OR Planning ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER Highway Dept v WORK IS COMMENCED.I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS Prel/Final Zoning t V� APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. soil Erosion ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED Recorded Plat HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT Site Plan PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE ' PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING ARB CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. REAL ESTATE DEPT APPRAISED VALUE SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE LAND $ rf � i , BUILDINGS �/ ATE/ , — SIGN E OF OWNER(IF OWNER BUILDER)A (DAT TOTAL s WHEN PROPERLY VALIDAT D SPACE) THIS IS YOUR PERMIT APPLICATION TAKEN BY: yE)/t, �7 PERMIT VALIDATION CK. M.O. CCA--() THE DIVISION OF THE LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE Of THE UNDERSIGNED OWNER , PROPERTIES AND TRUSTEES ANY T M. 101 - PARCEL 12 REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE PAULINE NORRIS DEEMED AS THEORETICAL ONLY ALL STATEMENTS AFFIXED 2o/ 7.12 t AC. RESIDUE TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF Y D.B. 260 - 360 KNOWLEDGE. �N ,A,!-LK ,�.(� D.B. 237 - 292 /"? t -_..,. ta, „.,. • o W.B. 34 - 360 ' y v I f ! Ct rn Iron o N66'05'08..E 78,68 Iron Set ' Set Ij N r ut , P., rn . m THE LAND USEGREGULATIONS LISTED BELOW ARE IMPOSED 3 f I - PURSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE Q7 a 0.50 AC. IN EFFECT THIS DATE AND ARE SHOWN FOR INFORMATION 0 to D.B. 260 - 360/ PURPOSES ONLY THEY ARE NOT RESTRICTIVE COVENANTS D.B. 237 - 292 / N. W.b. 34 - 360 RUNNING WITH THE LAND AND THEIR APPEARANCE ON THI I 1 PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH N A NO DIVISION RIGHTS AFFECTED BY THIS A. 03.40'20" 4 , 'vi R. 801.14 ~ N B. THE 712 AC RESIDUE MAY BE FURTHER ED INTO L. 51.35 -- A TOTAL OF 3 LOTS OF LESS THAN 21 A C. 51.34iiiiillt ____ - S CB. NI9.50'14"W ssi� NOTE Iron F Found " THE 7.12 t AC. RESIDUE OF PARCEL 12 T.M. 101 S66.OS'08"WN. ... HAS A MIN. OF 30,000 S.F. OF CONTIGUOUS AR 1 1•,, 10 ' F, Fend SLOPES LESS THAN 25 %. I I Ili up latit CV Q ��I1 1Ci) i ‘...., 1 1 ,,,,,, ,, / It ,ti, Q ''' ‘ , 3 , . _ 1- O {n \N \ w I \ 7,, in 1villigras. T. 101 - '►. \ T.M 101 - 13B 7 .4i \ . JOHN A. & JOANN GAYLE CHAR S W A•''�" ' R. D.B. 823 - 210 R EF I M. , I D.B. 788 - 296 EXEMP; ',',{�wr D.D.B. 9 FAMILY j' W 1 i 44,k4 • ADMIN PLANC 1 I 1.\44: • APPROVED FOR RECORDATION I I V P t 1110+ \ \ / AT. DIRECTOR OF PLANNING NAP \ ' .0:S ..... 1 Q d o I 1 0 1 \-- , \\ .-d PLAT SHOWING . \ . . 0.50 AC. PARCEL , A PORTION OF PARCEL 12 T.M. 101 THE PROPERTY OF PAULINE *I\/ RFtI f_ . 1 - BEING ADDED TO PARCEL I2A T.M. 101 THE PROPERTY OF CHARLES W. JR. & EFFIE M. Isl $H�i LOCATED IN THE SCOTTSVILLE MAGISTERIAL DISTRICT ALBEMARLE COUNTY , VIRGINIA, \ I SCALE : I" = 50' DATE 6-21-88 R.O. SNOW , INC. CHARLOTTESVILLE , VA. 7115