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Home My WebLink AboutVA199900001 Review Comments 1999-02-02 STAFF PERSON: Amelia McCulley PUBLIC HEARING:February 2, 1999 STAFF REPORT VA-99-01 OWNER/APPLICANTS: Carlton & Nancy Luck TAX/MAP/PARCEL: 27/43 ZONING: RA, Rural Areas with Scenic Stream Overlay (Moormans River ACREAGE: 3.25 acres LOCATION: On the south side of Rt. 674 along the Moormans River about 1 mile west of the intersection with Rts. 665 and 671 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 31 feet from Rt. 674, a variance of 44 feet. This is to allow a deck to remain as it was built. The deck is 6 feet by 20 feet (120 square feet). As part of a larger effort to improve this property received from Mr. Luck's Father, the applicants built the deck without realizing that a permit was required. The Lucks were made aware of this requirement from discussion they had with County staff at a meeting. They promptly applied for the proper permit. When it was inspected, the setback discrepancy was discovered. RELEVANT HISTORY: The house was built prior to zoning in Albemarle. There are no zoning files. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Mr. Carlton Luck grew up on this property. This parcel is the same size and shape as it has been since the beginning of zoning. There has been a minor property exchange which does not relate to the house site or road. The parcel has about 900 feet of road frontage on Rt. 674. This parcel on the tax map includes a small unbuilt piece on the north side of the road (which is not related to the present application). About 2/3 of the main portion of the property is in 100 year floodplain for the Moormans River. The house was built in the 1960s. It contains 960 gross square feet of living area and 793 square feet of basement. When Mr. Luck, Sr. built the house he designed it with the intention of having a deck where it is now constructed. He began the foundation of the deck and constructed the door to the deck area, but did not complete the deck construction. For these many years since the house was built, the door remained well above grade. Given the location of the existing dwelling, there is no location for a deck addition which would meet zoning setback requirements. VA 99-1 2 February 2, 1999 APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicants and comments by staff follows: Hardship The applicant comments that the variance is necessary: • When the house was planned and built all arrangements were made for the deck to be installed (approx. 8 feet above ground). • The door was installed for access to the deck. • Without the deck we will not be able to use the room for the original purpose. Staff opinion is that generally a deck is not necessary for reasonable use of the property. However due to the small size of the house, it could be seen as an undue hardship. The gross living area of the house is less than 1000 square feet. In addition, staff notes: • There is no location for an addition which 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: • There are no other properties involved and the state road goes thru the property. • The uniqueness of this is that the house was built for a porch or deck and a door was installed for this purpose. Please consider this factor. Staff finds that this is a unique case. It is unique that a property was built prior to zoning and designed with this purpose in mind. Improvements including the foundation and access door for the deck were installed well over 30 years ago when the house was built. 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 Iva99-01.doc VA 99-1 3 February 2, 1999 Impact on Character of the Area The applicant offers: • There are no other properties adjacent to this property. It only joins the road and the river. • The character of the district will be enhanced by this addition. The neighbors welcome the change. • Staff mentions that this addition is not visible from any houses. The closest house is up the hill across Rt. 674 about % mile away. The deck is visible from the road. However, this will be an improvement over the partially completed foundation and the door 8 feet above ground. This and other work done by the applicants to improve the house and property creates a positive impact on 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 Iva99-01 doc G f O --. , >° , 7- m- -A Ig4Z4:$ , 4....--)3 0 \ de....4Z, 7 A 3 G r t In �f.� C14),, . (t t 4 , ,, .. . _, . ..-. --- _ 0.\ Z cr ,„ i , --11-1 3 ti ; : 1.- rt cn b 4/ ' °s c, f ` � s� i- .° 1 4:: �s Z��r: � a 1- s 7 s , .,: n ' ' 7 s e3 1 O A .� Q f c , .I0 / . I .; THE DIVISION OF THE LAND DESCRIBED HEREON IS WITH THE7 FREE CONSENT AND W ACCORDANCE WITH THE DESIRE OF THE '7/ UNDERSIGNED OWNER, PROPRIETORS AND TRUSTEES. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY �l KNOWLEDGE. 9C T. .a15. IEXEtdPT If i LY ,ADMIN THE LAND USE REGULATIONS LISTED BELOW ARE IMPOSED PLAN C PURSUANT TO THE ALBEMARLE COUNTY ZONING ORDINANCE 'IOTSE L IN EFFECT THIS DATE AND ARE SHOWN FOR INFORMATION LOTS CREATED PURPOSES ONLY. THEY ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH. APPROVED FOR RECORDATION // DIRECTOR OF PLAN ING v A. NO DIVISION RIGHTS SHALL BE EFFECTED BY THIS EXCHANGE. OF NOTES: I. EACH PARCEL HAS A MINIMUM OF 30,000 SQUARE FEET OF AREA WITH SLOPES LESS THAN 25%. t. ,L 42 g1G�- 2• DENOTES AREA WITHIN i.Mead PC' S. EG255 a3 r �� PLAIN)ZONE A AS(100 YEAR FLOOD el.S\JER1-5.\5p,0 8' SCALED FROM �� S. 5 pB• Za% DATED 2THE 0 6 INSURANCED 80 COMMUN TY PANEL C�1PRO �o.e 442'o a 248� 510006 0075 B). THE REMAINDER 0 1099-14`, , OF THE TRACTS SHOWN HEREON O B • 576.43.46"t- IS IN ZONE C. 22.98' i w 506.1V15 IRON 2. 14 FOUND1, > RON N59.30'00"E N.1 - SET 99.00' i 0 0 N. CV r, o ro '• S58.0 °' 43.42' (NJ EXISTING DRIVE- `o G a `•• - J N37.30'00"E ``� S27.48'33"W x , • 134.04' G, .I6' • _ 0,k DOx, p� G. • 41.151 '..., ,i r 4,,I ; '/ , 1/4 -4 0 LOT X /0.17 ACRES ID.B. 406-243 ,/ ///D///ft . r,/'`4•1° �w .... �,. D.B. 159-271 P OS •v. • O�� IRON `t ' SET T.M. 27-45 BRUCE B. GORDON D.B. 866-459, 460 PLAT -"IL . • PLAT SHOWING �. SURVEY LOT X, A PORTION OF T.M.TM27 43 BEING ADDED TO LOT Y, A PORTION OF T.M. 27-42 BEING ADDED TO T.M. 27-43 LOCATED ON STATE ROUTE 674 & MOORMANS RIVER I ABOUT ONE MILE WEST OF MILLINGTON r WHITE HALL DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE: I" = 100' DATE: I0-09-91 FOR • RICHARD T. Jr., & BEVERLY S. ERGENBRIGHT ROGER W. RAY & ASSOC,.INC. CHARLOTTESVILLE, VIRGINIA 8 0I5 A 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 Dec I meetmg.doc