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Home My WebLink AboutVA199800025 Review Comments 1998-10-06 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: October 6, 1998 STAFF REPORT VA-98-25 OWNER/APPLICANT: Terri and Beckman Beavers TAX MAP/PARCEL: 58-4A1 ZONING: RA, Rural Areas ACREAGE: 8.87 LOCATION: East side of Rt. 676 approximately 1.2 miles north of its intersection with Rt. 250. REQUEST: The applicants request relief from Section 10.4, Area and Bulk Regulations, which require a 75-foot front yard adjacent to a public road. A variance of 7 feet is requested to allow a recently constructed barn to remain as is with its eaves overhanging the setback only 68 feet from the right-of-way for Rt. 676. RELEVANT HISTORY: The only history in planning or zoning is a subdivision plat, which created this lot in 1997. PROPERTY DESCRIPTION AND VARIANCE JUSTIFICATION: The Beavers just purchased this property in April of this year and are actively pursuing the historic renovation of the existing dwelling which is believed to have been constructed as early as the mid-1700's. They also purchased an historic barn (c.1800) from Washington, Virginia that they have reconstructed on the site. It is this barn that is the subject of this variance. The southwestern corner of the barn is exactly 75 feet from the right-of-way of Rt. 676. Due to a slight curve in the road and the position of the barn, the northwestern corner could not be measured as accurately and may be slightly closer to the right-of-way. The sloping roof of the barn extends into the front yard, or setback, 9.5 feet. Section 4.11.1 allows the eaves to project not more than four feet into the required front yard. This leaves 5.5 feet violating the setback at the known corner. By adding 1_5 feet to this number and requesting the 7-foot variance, we are insuring that the variance will cover the worst case on the northern corner. This parcel is neither narrow nor shallow. There is nothing unusual in the size, shape, or topographic conditions that could be said to prohibit or even restrict the use of the 8.87-acre parcel as prescribed by state code when considering a variance. There are a few unbuildable areas of the property such as an old family-type cemetery on the west side of the house close to the road and a creek, which carries a 100-foot building and septic setback behind the house and barn. However, there appears to be a wooded area approximately 225 by 500 feet between the setbacks of the road and the creek, leaving plenty of only moderately sloping area available for the barn. • Staff Report VA 98-25 Page 2 October 6, 1998 There is also a relatively simple remedy to this situation—relative to moving the entire barn. The offending 5.5 feet of overhanging eaves can be removed, leaving the majority of the barn structure exactly where it is and regaining compliance with the ordinance. This may spoil a historic characteristic of the barn, but granting the variance will simply be a convenience for the applicants. APPLICANTS' JUSTIFICATION AND STAFF COMMENT: Hardship The applicants comment that the variance is necessary for the following reasons: • The barn was placed as close to the road as possible because of the slope of the property. It was the most level ground available. • By phone to the county, we were told to place the barn 75 feet off the road (which we did). The right-of-way was not specified. • Factors contributing to the chosen location were the slope of the land, a cemetery on the property, the historic gardens and the need to have the barn close to the house. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. Although the property slopes downward from the road back to a creek, it is not critical slope (less than 25% slope) and would be easy to level out for a building pad. 1. The applicants have not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicants note: • We are trying to maintain the historic integrity of "The Shadows", c.1755. The other houses in our neighborhood are new. There are no other similar situations in our area that we know of. Staff does find this to be a unique situation where only the eave-overhang extends into the setback. The main part of the structure itself meets the setback. 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: • Trees camouflage the barn. It can barely be seen from the road. Much of the greenery is year round. I.IDEPT\Budding&ZoninglReportslVA98-25 doc Staff Report VA 98-25 Page 3 October 6, 1998 Staff found the barn visible from the road due to the pitch of the roof and the fact that it consists of an unpainted, standing-seam, metal roof. However, leaving the barn exactly as it is will not change the character of the district. (Note also, that removing only the overhanging portion of the roof will not make a significant impact on the character of the district either.) 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 barn indicated in this file only. Any future additions or structures closer than 75 feet to the right-of-way will require amendment to this variance. 1:IDEPT\Building&ZoninglReports\VA98-25 doc AUAMS, MEYER & HALL PARTNERS! D.B. 457-356 D.B. 413-331 PLAT . IRON IRON PIPE :\ "FOUND S47°24'45"E SET 996.29' FOUND 514.7 2' ° ° S3 ° BUG 476. 63' 21 f, 4 2S►5 ,, 4.•94 ' `� Ep ?' • 79 ' 0 9 AP �C SE'T �, 53 �. IRON FC e. _ .t PROX 8q Ci< IRON 3/ 03 •� °°°Q l: �- O C A T SET 9.2 4 ' STONE - 2,, .�- .. . , - . e POLE cs • � cps,`,\,\ Ni, PARCEL . . 5.31 ACRES �- PARCEL B °D o .o D.B . 463-531 , 533 PLAT �'~ 3 o8. 87 ACRES ____ D.B. 463-531 , 533 -�_ , _ S PLAT .38 a )A 100' BLDG. & i SEPTIC SETBACK ° IRON SET PARCEL C 88.42' - ______\ a POLE o EXIS T IitiG cl 5. 00 ACRES I 65.27' 4./4/ 0 S62 55 57 W DWELLING (3' ; . S o 200. 00' T, N D.B . 463-�531 , 533 PLr „ , �-S o POLE cf- IRON r--� �-,-;� , \. EXISTING LNG � W 64. 72 o CEMETERY ER `r ', BNTRA ' T o o SETIRON 6 12 W 85. 03 28. 77' �. °♦ SET + . A s POLE I42° 14'57"W 57. 12' T� o , . i' :..//00 _ POLE o 0 o a o N38°02'41 "W 60.71 ' 0 0 . �4p1 __ (D.B 391 -313 ) Tj °� --- _ - __ �M N27 04 03 W 68.77' -- P T. B N22°02'50"W 45.78' PT C NI8 °55' I6"W 63.66' N25° II '07"W 52.64' A 984. a N33°06'47"W 57.29' PARS I nla9°na",u��w RQ IA ' R nI T THE DIVISION OF THE LAND DESCRIBE— "EREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH DESIRE OF THE UNDER- THE L.....) USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT NOTES: SIGNED OWNER, PROPRIETORS AND TRUSTEES. ANY REFERENCE TO THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING I . ACCORDING TO THE U.S.G.S. TOPOGRAPHIC MAP, PARCELS A, B, & C EACH FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT HAVE A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES LESS THAN 25%. TH ETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE A E T UE D C RR7CT TO THE BEST OF MY KNOWLEDGE. COUNTY ZONING ORDINANCE IN EFFECT THIS CATE. THESE 2. BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. '�� NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE a_ LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED 3. TAX MAP 58-44(1). TO IMPOSE THEM AS SUCH. A. PARCEL A MAY NOT BE FURTHER DIVIDED. APPROVED FOR RECORDATION B. PARCEL B IS ASSIGNED TWO DEVELOPMENT RIGHTS. A C. PARCEL C IS ASSIGNED TWO DEVELOPMENT RIGHTS. "fN �f �7/ 7 DIRECTOR OF PLANNING DATE 8L16.06., es. a5 q T.M. 58-3J ADAMS, MEYER & HALL PARTNERSHIP COURSES ALONG ST. RT. 676 D.B. 457-356 D.B. 413-331 PLAT PTA \ IRON IRON PIPE ^' \\ IRON ` .\ ``FOUND S47°24'45"E SET 996.29' FOUND N28°00'24"W 31.83' SET �� "► ° S N39°17'49"W 69.50' 4�0 @ pG 2' 476.63' 2r;.• ?94°26 9„E N46°10'15"W 60.00'' NI9°I5'26"E 111.50' TIC 53? IRON FOUND IN N48°25'13"W APpRO SET 0 �— IRON 319 24 03' '6o° - X• 94 C� o-� SET STONE PILE \ ` ... LOCATION NI7°II'56"E 62.52' �, :.: STREgM cs w / ,S \ —=-.. N S 6 �PT. PARCEL A-' ,,,,-.`:',) �;, U, 29_ 22'F N48°25'I3"W 46.03' NI3°29'03"E 82.78' ° POLE 5.31 ACRES `r .z \ PARCEL B N51°02'45"W 85.45' ° ° 4 D.B. 463-531, 533 PLAT W � PIPE FOUND IN __ N06 34'08"E 45.63' 0� 8.87 ACRES_.i U' bo. STONE PILE N54°O9'35"W 77.03' D.B. 463-531 533 PLAT N56°38'25"W 136.46' NO3°54'09"E 89.38' \ o F� 100' BLDG. 8 *IRON SETS N5I°05'34"W 61.41' SEPTIC SETBACK PARCEL C /N,i _70°32.44"W NOI°39'30"W 88.42'--5 `� e POLE ° EXISTING \5.00 ACRES i69.77 PT. C N05°25'45"W 65.27' e GENES 0 S62 55'57"W DWELLING N D.B. 463-531, 533 PLAT /' 21" MAPLE 0POLE o' 200.00' EXISTING .A <v • T.M. 58-3C NII°48'S6 'W 64.72' 0 row.,, SET CEMETERY 'ENTR �ZO/ S67°32'22"W MARY A. LEWIS N27°I6'I2"W 85.03' \ ° : 28.77' IRON �� 220 15' D.B. 1054 569 �� POLE SET D.B. 511-162 PLAT A� N42°14'S7"W 57.12' S o IRON 0 •�j, /147,--47-�°' 0)POLE °` 0 o 0 0 2 N38°02'41"W 60.71' °- 0 0 0 (l}0') __(D.B. 391-3I3) j�° FOUND F��` O��y N27°04'03"W 68.77' 0 re 6'--I PT. B —�CM�ROgO `v'�, N22°02'50"W 45.78' PT. N18°55'16"W 63.66' PLAT SHOWING N25°II'07"W 52.64' PARCEL A PARCEL B 8 PARCEL C N33°06'47"W 57.29' N42°04'28"W 59.14' A DIVISION OF THE DAVID W. 8 MARY A. LEWIS PROPERTY .•toALTH op% LOCATED ON STATE ROUTE 676, ABOUT TWO MILES NORTHWEST OF IVY �' � 680 SAMUEL MILLER DISTRICT •oALBEMARLE COUNTY, VIRGINIA •c., 4;t• el) SCALE: I" = 200' PARCEL A SURVEYED: SEPT. 26, 1995 • ROGER W• .RAY : ®` 77t �• ® 678� FOR PARCELS B 8 C SURVEYED: MAR. 18, 1997 • 1331 • DAVID W. & MARY A. LEWIS • • eD arml 3W-97O4�i IVY ROGER W. RAY & ASSOC., INC. '11q�SURN e■ •�•••**�� VICINITY MAP - SCALE: I" = 2 MILESI7I7-2B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 10641 A 1