HomeMy WebLinkAboutVA199900013 Review Comments 1999-06-01 c
STAFF PERSON: Jan Sprinkle
PUBLIC HEARING: June 1, 1999
STAFF REPORT VA-99-13
OWNER/APPLICANT: Redith Kiser
TAX MAP/PARCEL: 77E1/01-R5
ZONING: R-4, Residential
PARCEL SIZE: 3333 square feet
LOCATION: East side of Maple View Drive, north of its intersection with
Willow Lake Drive in Willow Lake subdivision on Rt. 20S
TECHNICAL REQUEST AND EXPLANATION: To make an addition to her existing
deck which is proposed to extend to five feet from the property line, Ms. Kiser needs
variances from three ordinance sections as follows:
• Section 15.3, Area and Bulk Regulations, which requires a 15-foot side yard and
states that it "shall be reduced to not less than 10 feet in accordance with Section
4.11.3";
• Section 4.11.3.2(b), which states that if a reduction is permitted under 4.11.3,
"Unless constructed to a common wall, no such structure shall be located closer
than six feet to any lot line;" and,
• Section 4.11 .1 , Covered Porches, Balconies, Chimneys and Like Features, which
states, "Covered porches, balconies, chimneys, eaves and like architectural features
may project not more than 4 feet into any required yard; provided that no such
feature shall be located closer than six feet to any lot line."
RELEVANT HISTORY: Willow Lake Preliminary Subdivision plat was originally
approved by the County in 1984. The final plat for block R was signed in 1990.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property was
created after the adoption of our zoning ordinance with the setbacks and the footprint of
the dwelling shown on the approved plat. The house was actually built in 1990 and Ms.
Kiser purchased it in 1993. The lot has no unusual features, no exceptional size or
shape restrictions and no topographic features that unreasonably restrict the use of this
parcel. The dwelling gives it reasonable residential use, including a deck. This
applicant simply wants a special privilege with no justification other than being adjacent
to a common area. There is nothing that qualifies this property for a variance.
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 because:
a
Variance Report, VA 99-13 2 June 1, 1999
• The extension of the deck reduced to a seven foot width would require a format of
4"x4" uprights not in keeping with the standards used on all other decks in the area.
Staff cannot identify any hardship as described under the Code of Virginia relating to
granting a variance. Granting the request would be a special privilege for the applicant.
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant notes:
• The existing "common ground' area is unique to this and only three other properties
among 37 on the Maple View Drive and Maple View Court.
Being adjacent to common area is not the issue. In the immediate R-4 zoning district
and in the same subdivision, there are 36 end-unit townhomes and 23 single-family
detached homes, all of which must meet the same side setbacks. There is no hardship
and no uniqueness.
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:
• A letter of support from the Willow Lake Property Owners Association will be
provided (meeting May 17) to document that this improvement will enhance the
adjacent common ground property.
Staff finds that allowing this deck to be constructed five feet from the property line will
not change the character of the district. The property lines are not obvious and with the
additional landscaping provided by Ms. Kiser the lot blends right into the common 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 only one of the criteria has been met, staff
recommends denial of the variance. However, should the Board find cause to approve,
staff recommends the following conditions:
1. The three variances are granted to reduce the setbacks and to allow the deck to be
constructed five feet from the property line with no further encroachment under any
ordinance section.
2. This variance is for the deck proposed on building permit BP 99-822AR. Any future
additions will require amendment to this variance.
I:IDEPT\Building&ZoninglReports1VA99-13.doc
Request for Zoning Variance / Lot 5 - Block R-Section # 1, Willow Lake
Petition submitted by property owner: Redith K. Kiser
Issue: Construction of an exterior deck addition, approximately 140 total Sq Ft.
The petitioner's Property Line abuts upon the Willow Lake Property Owner's
Association "Common Ground". On the plat, this area is described as "Open
Space". This land is owned in common by the members of the Association.
The petitioner is one of these members and is a Property Owner with a
vested interest in this Common Ground, as governed by the covenants of the
Property Owner's Association.
The petitioner, in consonance with Willow Lake Property Owner's Association
rules has, over the past five years, contributed to the maintenance and the
beautification of this Common Ground area. This effort has included the
planting during 1994 and 1995 of more than 20 trees and the subsequent
maintenance of each of these trees, plus a large flower bed, within this
"Common Ground" area immediately adjacent to the petitioner's property.
This Common Ground "Open Space" area is provided routine grounds
maintenance by the Property Owner's Association and manicured as a lawn,
out to a distance of more than 40 feet from the Petitioner's town home. This
area is a precipitous hillside which drops approximately 20 feet in elevation
within this 40 to 50 feet distance.
The Association, in common, owns all this "Open Space" for a further
(variable) additional 60 feet, as unimproved brush land, beyond the 40 feet of
yard area [an unoccupied area deeper than 100 feet from the edge of the
petitioner's Lot Line. This Common Ground is sanctioned as not available
for development per the Association's "Declaration of Value Protection 86
Covenants, Conditions and Restrictions".
The petitioner, desiring to further enhance the functionality, esthetic value,
and exterior appearance of her property through a simple expansion of the
deck, obtained preliminary approval from the Association Manager /
Chairman of the Architectural Control Committee (a pre-requisite due the
Association's "Declaration of Value Protection 86 Covenants, Conditions and
Restrictions".
Then a request for an Albemarle County Building Permit was submitted
The requested building permit [# 99822AR.] has not yet been approved, due,
as we understand it, to uniform R-4 area Zoning regulations which require,
in any area zoned R-4, a 6' buffer area from the physical edge of a residential
structure (including an exterior deck) from the ??? owner's lot line / or / ???
adjacent property owner's lot line.
The enclosed plan provides only a 5' buffer from the lot line. Thus, the
depth of the variance requested is not more than 12 inches into the 6 foot
buffer, within the 10' space, between the Petitioner's town home and lot line.
The petitioner will present, at hearing, a signed document of endorsement
from the Willow Lake Property Owner's Association { meeting to be held 17
May, 1999 ], which documents the acquiescence and support of that
governing body for the petitioners proposal to erect a deck addition which
conforms to the basic plan of all the decks within the aforementioned Blocks
The variance request, as submitted, is based on the desire of the Property
Owner, with the support of the Willow Lake Home Owner's Association, to
maintain a uniform appearance of deck construction format with the 30
other Town Houses on the Maple View Court [Section I] element of the Willow
Lake sub-division. This format includes placement of 4" x 4" Deck Railing
safety Uprights, spaced at 48" intervals, with 2" x 2" pickets evenly spaced
between these uprights. In order to retain this uniform pattern, of a 48"
interval between uprights, the proposed addition needs to be eight feet wide
on the frontal elevation. [See attached diagrams ].
Thank you for your reasonable consideration of this matter.
Submitted: 3 May 1999
8 7 8 5 4 3 2 1 1 2 3 4 5 8 7 a 9 10 11 c 1 2 3 4 6 6 7 8
J I I 1 1 1 1 1 1 I I I I I I I I I I I 1 1 1 I 1 1 f 1 1 I--
Materials List _ 6 e 7 6 — o—
#2 Yellow Pine,All pre-existing and all new lumber —1 � ► \ \\ \\ 1—
\\\� \\ E
=Certified Pressure Treated Wood. 2 - 1 I 1 1 I I I 1 - 2—
Additions will follow the s 3- i - S—
,\N
pecifications of the Willow
Lake Home Owner's Association original plans with "— - l �\� — '—
i
24 X 8"Floor Joists on 16"center,6"X 6"Pressure s_ i — 4_
Treated Posts[3 new and 2 pre-epsting/as shown e i •
Addition Element A \I:ttz
g Deck Are. _ 6
] with 2 X 12 doubled Girder Supports The two pre- — - t 8 X 14 = 110 Sq Ft =120 Sq Ft.
exising upright support posts,which rest on a pre- 7— i — 7—
ebsting slab,will be retained and 3 new deck s i — '—
support posts will be erected on 12"minimum 9— i \ \ — °
Diameter concrete plug foundations,on crushed — i �;
stone base, with a minimum 24"depth below ,o i to
ground and monel metal foot supports
Railing 36"Packets,6"Centers,4"max opening, 1,2 — I \ ,2 2
-
with 4"x4"Uprights at 48 intervals. 13 — i \
_ 3
Existing Town Home
alk 14 L \� .i4
Willow Lake / 16 — --' Addition 453 Maple View Court aaa
Property Owner's 17 _ _ i s'x6' 3' Charlottesville. VA 22902-8700 0
30 Sq Ft t-----
Common Ground 18 I T
i Single family, 3 Bedroom, Town Home
v 19
i—i • Willow Lake sub-division,Lot 5,Block R-Section I e
s, . i--.e F [Plot Plan Attached] o
,T vow. Adjacent Town
I 1 I I 1 1 I I I ou.e
4 -- 10' ► 1 I I 1 I I I I 1 I I
BeW: I.
Pickets on 6"center and not more Revised Building Permit#99822AR proposal for a
than
4'X4"Uprights every 48" 1 140 Sq Ft Addition to a pre-existing 120 Sq Ft Deck
Detail=Preexisting upright support[6"X 6'•]Pressure PLEASE NOTE:
Treated support posts[TWO]
Home Owner's Assn.
Approval for THIS deck
Detail=Additional upright support[6••X 6••]Pressure Replacement/Addition As design
Treated support posts[THREE]to be added.
has been obtained from the
Willow Lake subdivision Home
{
L 1 Owner's Assn.
Double 2"X 12"Girder Mr Mitchell Toms Association
Anchors& support notched Into and Manager&Chairman,Willow
Flashing Upights Two pnn attached alstln Lake Archetitecture Control,
Uprights( 9
antl Three New 8"x"8 Landscape,and Miantenance
Uprights)Tull perimeter of Committee.
1 1 1 I 1 I look.
Real Estate III Comercial
► Minimum 12"Diameter Properties,Inc
Gmem footing with a Phone(804)977-4242
minimum depth or 24" and FAX.(804)979-2142
below ground level,on e
3.-6"base of crushed
e1e14ete .00...
DECK-3a Printed. 5/2/99 6'58 PM R.E.Grant
Existing Town Home
Current 12" The petitioner's Property Line abuts upon Willow Lake
Pre-Existing Deck Frontal View/Width 12 Feet Edge , Home Owner's Association "Common Ground", opon
I I , I I which the Home Owner's association provides routine
1 I I I I 1 I I 1 Grounds Maintenance for a distance exceeding 40' feet
Pre-Existing Deck Frontal View!Width 12 Feet Proposed Addition/Width 8"Feet(less 2") form the property line.
This area is described as "Open Space" on the plot
plan, and consists of a landscaped hillside, dropping in
excess of 20 foot in elevation in roughly (variably) in 40'
to 50' feet from the Petitioner's lot line. The Home
Owner and the Home Owner's Association have
together planted in excess of 25 trees during the past
I I 1 I 1 I I I I five years in this "Common Ground" / "Open Space".
"Open Space" I"Common Ground"
Owned by the Willow Lake Prpoerty Owner's Association
1 1 1 I I I 1 1 I E
Front Elevation View Lawn Maintenance is Provided by the
12„ Property Owners Assn.for an additional
15'beyond the limit of this drawing
I I I I I I I I I
1 1 1 1 1 1 1 1 1 1
v
The petitioner and the Willow Lake Property Owners'Association,
both desire to retain architectural integrity on both the frontal
elevation or side elevation view of decks, which on all units on Blocks Pre-existing Dwelling Structure
"P" , "Q"and "R"' and all units in adjacent Blocks, which all display
deck railings which are uniformly designed with 4"x 4" uprights every
48"along the front elevation length of the deck as shown below.
The petitioner's plans were based on the need to satisfy the Property
Owners'Association architectural review board desire to maintain
this integrity of design.
1.
I 1 I 1 1 I _I I 1 1, 1 I IIIIIIII
11111111111111111 1111 1111111 / 1 1111111111
1111 111111111 1111111111
1111 111111111 IIIIIIIIII
Side Elevation View / per Willow Lake Property Owners' Association Approved Plans
Proposed Deck Addition