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HomeMy WebLinkAboutVA199800029 Review Comments 1998-12-01 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: December 1, 1998 STAFF REPORT VA-98-29 OWNER/APPLICANT: Joe Agee, applicant and estate of Amanda Paige, owner TAX MAP/PARCEL: 128A1/41 ZONING: RA, Rural Areas ACREAGE: 0.72 LOCATION: West side of Porters Road (Route 627) approximately 0.3 miles north of its intersection with Rt. 6. 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. A variance of 20 feet is requested to allow the enclosure of an existing deck and the addition of a new deck to be 55 feet from the right-of-way of Rt. 627. RELEVANT HISTORY: None. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel has been in the Louden family since at least 1902. Graham T. Paige recently inherited the property from the estate of his mother, Amanda Louden Paige. The parcel is the same size and shape that it has been since the adoption of our zoning ordinance in 1980. The small lot of only 0.72 acres is developed with a dwelling (built in 1910,) a small garage and a shed. Staff noted that the heat pump and the well are both on the rear of the house while the driveway, shed and possibly septic drainfield are all on the south side. The house is located close to the northern property line, leaving only the front for possible addition. Mr. Graham would like to expand the living room by enclosing the existing covered porch which extends half the width of the house. The other half is already enclosed as a bedroom. That portion of the request alone would require a variance of 12 feet. He would also like to add a deck across the entire front of the house, which will require a second variance of 8 feet or a combined variance of 20 feet. 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: • In order to add the addition it must be constructed in the front of the structure. Staff Report VA 98-29 Page 2 December 1, 1998 Staff agrees that this is the only relatively easy place to make an addition. However, the parcel enjoys reasonable use with the residential use it currently has. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • Most houses in the immediate area are already closer to the road than I am. Staff agrees that most houses in the area do not meet our yard requirements. However, they are all subject to the same regulations and will suffer the same hardship if they attempt to expand. 2. The applicant has not 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: • The addition will be no closer to the road than the County police's Esmont satellite office which is adjacent. Staff agrees that the enclosure of the existing porch and the addition of a new deck will not change the character of the district. While in the area, staff counted approximately 29 dwelling units in a one mile radius that did not appear to meet our setbacks, while approximately five did. 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 one of the three criteria has been met, staff recommends denial. However, should the Board find cause to approve the entire request, staff recommends the following condition: 1 . The variance is for a maximum of 20 feet to allow the construction described in BP 98-1763AR. Any future additions closer than 75 feet to the right-of-way will require amendment to this variance. ciLd& --)749 wrij I:IDEPT\Building&ZoninglReports\VA98-29.doc