The URL can be used to link to this page

Home My WebLink AboutVA199800032 Review Comments 1999-02-02 • STAFF PERSON: Amelia McCulley PUBLIC HEARING:February 2, 1999 STAFF REPORT VA-98-32 OWNER/APPLICANTS: Charles Frank & Anthony Brian Dunnivan Life Estate (owners)/Albemarle Housing Improvement Program (applicant) TAX/MAP/PARCEL: 45/56 ZONING: RA, Rural Areas ACREAGE: 2.748 acres LOCATION: On the west side o.f Rt. 643, just south of Templeton Acres about a mile north of the Rivanna River. TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from Section 10.4 of the Zoning Ordinance to reduce the front yard setback in the Rural Areas district. They request a reduction from 75 feet to 50 feet from Rt. 643, a variance of 25 feet. This is to allow an addition for a bathroom and a bedroom. The house currently has no sanitary facilities. The house is 804 square feet in size. It is a 1-story stucco with partial basement with dirt floor. The addition will be 14 feet by 18 feet. It will be attached to the rear of the house. The house is located only 27.2 feet from the front property line. The right side property line is only 32.5 feet from the front right corner and 31.9 feet from the rear right corner. The distance between the front corner and rear corner of the house is 24 feet. The property is also improved with a second house. This second house of 576 square feet was remodeled by AHIP in 1992. RELEVANT HISTORY: The house was built prior to zoning in Albemarle. There are no zoning or planning files. The property was originally improved in 1919. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The property is the same size and shape as it was on the date of adoption of the ordinance. The zoning ordinance makes particular exemptions for construction which provides sanitary facilities where they are not presently available. Therefore, construction of the bathroom alone is permitted without variance despite the fact that setbacks can not be met. The proposed addition of a bedroom will provide a second bedroom. There is no location for an addition that would comply with the setback requirements and not necessitate a variance. VA 98-32 2 • February 2, 1999 APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicants and comments by staff follow: Hardship The applicant comments that the variance is necessary: • The family currently has no bathroom or sanitary facilities nor do they have an approved septic drainfield. AHIP plans to install a new drainfield along with a bathroom & bedroom addition. • If it were just the bathroom we needed, no.variance would be needed. • The family is currently living in a 4 room house (LR, Kitchen, Bdrm & Dining Rm converted to a bedroom). With Anthony and wife Bonnie, two teenage children, a married daughter with husband and infant. A total of seven people living in a 24' x 30' house. Strict compliance with the Albemarle County Zoning Code will deny the Dunnivan's a much needed additional bedroom. Staff opinion is that the following are included as justification for undue hardship: • The house is small in size. It would be a hardship to not be able to add a bedroom, for any family size. • The location of the existing house creates a hardship because no addition is possible that would meet setback requirements. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments that the variance in necessary: • To A.H.I.P.'s knowledge no other properties along Rio Mills Road would require the same request for variance. Staff finds that this is a unique case. 2. Evidence has been provided that such hardship is not shared generally by other properties in the same Zoning district and the same vicinity. A Iva98-32 doc8-32 VA 98-32 3 • February 2, 1999 Impact on Character of the Area The applicant offers: • The authorization of the variance can only greatly improve the area and surrounding properties. • Containing and treating the sewage and wastewater will be much better for those properties down stream. • Adding a bedroom will help reduce the chronic overcrowding problem within the Dunnivan's household. Staff concurs with the justification stated by the applicant. This will be an improvement from an environmental perspective and will be a visual improvement as part of a larger rehabilitation project. This should in turn be positive for the character of the area. 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 this variance request meets all three criteria, staff recommends approval for cause. 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. A Iva98-32 doc8-32 ��O ALeE4i 41111 -9 -/RGINvP COUNTY OF ALBEMARLE Department of Social Services 401 McIntire Road Charlottesville, Virginia 22902-4596 January 4, 1999 Ms. Debra Brown AHIP Albemarle Housing Improvement Program 700 Harris St. Suite 101 Charlottesville, 22903 Dear Deb, I am writing you with respect to the Dunnivan family, who reside at Route 2 Box 142 Earlysville, to request that AHI do everything possible to provide the family with additional space and sanitary facilities. At present, there are family members in their four room house, the mother, the father, their oldest child, her husband and baby, and the seventeen year old son and twelve year old daughter. Basically this is a four room home, kitchen, living room, dining room, and bedroom. The dining room has been converted into a bedroom for the young family, allowing minimal privacy. Jessica, the twelve year old daughter, has no privacy, and sleeps in the hallway. Like the other members of her family, she has to go to her grandfather's home (across a field) to use any sanitary facilities, or to take a bath or shower. She is depressed. The sanitary concerns are damaging to her school adjustment and have generated much concern in the school. Please let me know if there is anything Social Services can do to assist. Sincerely, .ee�„ AC.-u-(. • Helen Marek Social Worker ,--4.xtiutsialai1, cz &r n PH (804) 972-4010 FAX (804) 972-4080 rg .441 (4 ,7 • • \ /y4)'1It q3$ •/SST J ,'P77g/)td__t*Y/.-41 jt ,5,2 ." N Q 0rw -a n/A5/47 l 7/ srk, h 4L- • vA qs ..........5w .,, ,,f.„ -O O T.M. 45-56A cP �� ELIJAH ELMER MORRIS & LORENE MORRIS 61 �y D.B. 486-231, 229 PLATeh0.70i r IRON ' 0 j(6-2-') ED . 41) i SET p p= 03.39'11" ED 631.43' fig I � 0. I R. 1121.0 ' I S70°46'50"E 71 I L= 71.47' 0 IRON C= 71.46' _ FOUND ° EXISTING ANa - o IF20N CB=S19'02'54"W DWELLINGS N VICINITY MAP T.M. 45-56B w T.M. 45-56 SET SCALE: I" = 2 MILES WARREN H. & 0 o PARCEL A POLE 74 MARY L. MORRIS co to D.B. 486-233, rn r` 2.748 ACRES I S20°52'30"W ..; 229 PLAT N ca D.B. 842-400 I S— 133.46' Z D.B. 486-229 PLAT o D.B. 486-227 Q7/ '.JJ - _ U, U( IRON N67°I8'00"W 659.31' DOWN FENCE IRON BOUNDARY SURVEY SET ; o PARCEL A SET I THE PROPERTY OF CHARLES FRANK DUNIVAN, ET AL T.M. 45-57 LOCATED ON STATE ROUTE 643 ••••♦•*„. _ JOHN G. & BETTIE ROSE McCOYE GOLDEN ABOUT 0.5 MILE SOUTHEAST OF ST. RT. 743 r NTH CHARLOTTESVILLE DISTRICT ��1`�',E �FL�■■ D.B. 645-650 r • D.B. 294-531 PLAT e o �, ALBEMARLE COUNTY, VIRGINIA v/'- % �• SCALE: I = 100 DATE: OCTOBER 30, 1998 o �' • ♦ ROGER W.RAY ♦ FOR • • 1331 • ALBEMARLE HOUSING IMPROVEMENT PROGRAM •ill • 447�3o-9B cii �f ROGER W. RAY & ASSOC., INC. 0. �UR ♦♦a I7I7-2B ALLIED STREET • GL CHARLOTTESVILLE, VIRGINIA 22903 11744 4 G - a - b L Nl-R a yi"' S_T. 1__ - - _ 4 V b Li o O - • 4 0 1 - r - b - - - 4 a • 7 P 1 _ f--- i � o .O. - l -XISTINI-7 L iWi, 7 Z,79A, fST/i ' "7,2„ Ll' 1 **p --3 eZ OQ v .' A1 a %N -X lv'lA0717- Ak. I ,t(/-5--r7M kc4k/ ZeAwi,47 Imo_ - 11 f { 1 `.-..- / „ T 0 , N • 1-1 N 0 i { °0 r, I ` /3 -8" / !o'I '/4 "_ /!p " \/, ' A _ _ +ram" :3 4/ ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 2:00 P.M. DRAFT AGENDA TUESDAY, FEBRUARY 2, 1999 I. Call to Order II. Establish a Quorum III. Variance Public Hearings VA-98-32 Charles Dunnivan, et al Estate Staff Person: Amelia McCulley VA-99-01 Carlton and Nancy Luck Staff Person Amelia McCulley VA-99-02 Rio Associates Limited Partnership (owner) Interspace (applicant) Staff Person Jan Sprinkle VA-99-03 Donald E. Seal (owner) Virginia Oil Company (applicant) Staff Person Jan Sprinkle IV. Old Business V. New Business VA-98-30 Phillip & Katharine Buchanan Applicant Request for Rehearing VI. Adjournment C:\i.\zoning\bzal\agenda for Feb 2 meeting.doc