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HomeMy WebLinkAboutVA199900018 Review Comments 1999-07-13 STAFF PERSON: Amelia McCulley PUBLIC HEARING: July 13, 1999 STAFF REPORT VA-99-18 OWNER/APPLICANTS: Danny and Sylvia Guengrich TAX/MAP/PARCEL: 19/12E ZONING: RA, Rural Areas ACREAGE: 2.7 acres LOCATION: in the southwest corner of the intersection of Rt. 664 (Buffalo River Road) and Quintfield Drive in Quintfield subdivision (lot 1) TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4 Area and Bulk Regulations in order to construct a detached garage/storage space. They are seeking a reduction in the front setback from Rt. 664 from 75 to 62 feet. The garage is proposed under Building Permit 99-1014 NNR. Prior to digging footings, the applicants sought information from the County as to the required zoning setbacks. Unfortunately in this case, misinformation was innocently given due to a misinterpretation on the County's part. (Because the error was discovered prior to the 60 day period in which it becomes final per State Code, the approval has been revoked.) Since they were notified of the technical violation of setback, they have not continued construction and have open footings. They are proposing a 24 ft. x 24 ft. detached garage on a slab, with grooved siding. They intend to use it for vehicles and storage of other items. They presently have an attached 2-car garage which faces the internal road, Qu'intfield Drive. RELEVANT HISTORY: The misinterpretation comes from a change in the zoning setbacks for corner lots (which this is) after this subdivision was approved. At the time it was approved, this lot could utilize a 60 foot setback from Rt. 664. {The ordinance allowed corner lots to decrease the setback from 75 to 60 feet for the longest side fronting on a street.} Despite the fact that the subdivision was approved with these setbacks and the plat notes them, new construction must comply with the current ordinance. The current ordinance does not have different corner lot setbacks. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The property is developed with the house facing the internal subdivision road, Quintfield Drive. The VA 99-18 2 July 13, 1999 Board of Zoning Appeals Amelia McCulley rear of the property is well-landscaped and is gently rolling. Therefore, it makes sense that an additional garage would be located on one side of the house or the other. There are evergreen trees between the house and Rt. 664 and these would partially screen the garage. Because the St Rd makes a sharp curve in this area, only the rear corner of the garage would extend into the setback. • 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: • The 75 ft setback rule was overlooked by two County Building Inspectors before the building project was begun. • A building permit was granted for plans as presented. • A good deal of time, energy and money has already been spent clearing trees, excavating the site and preparing footings. If this variance request is not granted, • more time and money will be needed to fill in the cavity where the garage was going to be and to re-landscape. • The garage as planned, is already at the edge of the driveway and cannot be moved any farther forward. Because of the location of the house and the lay of the land, there is no other location on this lot suitable for building. We have considered building for two years and finding a suitable building site on our un0level lot has been the stumbling block. Staff has held the opinion that large garages and the like are not necessary for reasonable use of the property. In this case, the applicants presently have a garage. Should the Board find it to be reasonable use of the property, staff offers these comments about hardship: the cost and inconvenience which led to the construction to- date may be considered but may not solely stand for cause for approval. There is a cost to consider when someone rents a backhoe to grade and dig footings. This was not an act of willful noncompliance. The applicants sought information and assistance prior to making this investment and commitment. There are some alternate locations and sizes of the garage each of which have impacts that the applicant can address. For example, a shorter garage would require less of a variance. What is that impact? Relocating the garage so as to meet setbacks would have it located in front of the house or on the other side of the house. Either of these I IDEPT\Building&ZoninglStaff Reportslva99-18.doc VA 99-18 3 July 13, 1999 Board of Zoning Appeals Amelia McCulley would appear to be out of the normal and could impact the value of the property. That is something the applicants can address. Because there are some questions relating to different sizes or locations which the applicant should address, staff cannot make positive findings at this time. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments that the variance in necessary: These factors create a challenge for finding a building site- • The terrain is very hilly in this area • The road is very winding • Property lines are not square Staff finds that it is somewhat unique for someone to seek assistance and be given incorrect information which leads to such a cost and inconvenience as this if the variance is not granted. It is also not commonplace for someone to have an approved subdivision plat which notes setbacks which are no longer valid and have been increased. 2. Evidence has been provided 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: • Landscape plantings of non-deciduous bushes or trees will be planted at the rear of the building as a shield from the road. • Land directly across the road is presently undeveloped. The nearest neighbor is approximately 100 yards away and on the opposite side of the road. Other neighbors are much farther away. • Due to the large size of lots in this area, along with hills and trees, the granting of this variance should not negatively affect adjacent property. 1:1DEP11Burlding&Zoning\Staff Reportslva99-18 doc VA 99-18 4 July 13, 1999 Board of Zoning Appeals Amelia McCulley Should the Board find that such a garage is reasonable use of the property, staff is of the opinion that the proposed location should not negatively impact the character of the area. In fact, the proposed location should have less impact than the alternatives which would meet the setback. The impact should be further lessened if the applicants plant additional evergreens. 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 staff takes the position that an additional garage is not necessary for reasonable use of the property, we can find no undue hardship and recommend denial. If the Board finds that it is necessary, we can support the criterion relating to hardship and recommend approval. We recommend that approval be limited to the current application. Approval of this variance is limited to Building Permit 99-1014 NNR. Any additional construction shall comply with the regulations in effect at the time or shall require amendment of this variance. 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. I.IDEP11Building&Zoning\Staff Reportslva99-18.doc ° .5 00' • 4 d f t° SQ d= 48°00 •C6 .d - 90 DO 29 !� d �'85°41 19 2O d = '48.00 � �. ,� �0 d ' 4 � _ � 35.00 SURVEY CERTIFICATION OWNERS APPROVAL . R s 35.00 . R = 174.65 R = 47.43 R = 55.00 R 224.65 R - 54.98 L - !46'.32 G = 37.25 L = 259.18 L 188.21 L CERTIFIED ro B[ CORRECT L = 52.34 C = 182.75 C = 49.50 ano rorE The Subdivision of fond+s C 47. 60 C = 142.08 C 36.30 C = TT.7B with fhe free consent this desire c A ° CB' SO4°00'E CB=S25°00'14"E ��, / Q• ‘•3o-SS the undersigned owners. All stre CB = S62°50'39"W CB: SO4°OO`E C8=505°30 08'E CB= N62 00 E NINI' F. `TD shown on this p/al are hereby NOTES : • Oi ed'ealed 1 pub use. �`` I. OWNERS / r� COUNTY PLANNING COt�tlS-S10N E.MORRIS S MARY JANE CHISHOLM D8. 841-152- 21eidi P.O. BOX 7807 • / o D`\00 y2 CHARLOTTESVILLE,VA 22906 . •• 41 43' 2a�' t. l•20 $� SLATE OF VIRGINIA , �_ CHA/RAIAN � _ COUNTY OF ALMAALBEMARLE,, 2. ONLY ONE.DW NED R PER LOT. - . S 74°I8'41"E • : V-tij, - 3A TO - W I T 91.69 TROY V. &GLA S M. ' `' 3. PROPERTY':ZONED R/A.•' � - . - + _ � 'Ao THE FOREGOING WSTRUMEtti // 4) DB.84!_15 155 69 50 %,. COUNTY BOARD OF SUPERVISORS: WAS ACKNOWLEDGED BEFORE 4. TOES SHALL.HAVE AS.• ONLY ON 5 ME THIS DAY OF ul THE INTERIOR ROADS. S70°00`29"E / / T684 / 0 �"1, 19�i AS OWhF 5. AREA IN ROAD DEDICATION 1.00 AC. / - - MY THIS COMPASSION EXPIPES - - 'C• r// S 75°45 E .1p Tl' C �'ZO•g� 6, 'DENOTS IRON SET. l60.00 LOT 5 T �,� ,:. „ •I S67°38'2/"E / �0 W LE�IGNATED AGENT { V ORY PUBLIC 25 STRIP DEDICATED89.13, - (� p o p _ CP K/v[` FOR .PUBLIC•USE - O O 3 / 7 AC. `'�' S65°34 I5 'E ---% R T. \J /i/ / r'O '� EXISTING 15'us t-vN / h \ • ---1- ----- ss, -, ° �'' // 1 G�� � `Q DRA/NAG ✓/ .k3 20 t. �S��00' \\ ��� ��� S66 30'17'E / • 5\ �,� �\ %� E EASEMENT L �y Oc;QF ` \\ SITE 54.54 /00 ��� r r �! 411111°11 O ? J \ O h � S 76°25`56"E /'`pit \ ;0 ,v. © 33' m <"/`9� 3$..68 / E r / AINAGE E \,. u,t�` �; © �J`Q 15 0� S\ ' \,off Fco�O% RT. 663 9 E \ 7 4 f Qp N8T°05'S5"E / �� 5�2� e 0 O fin' �� 3\ • \�/N4G. 41.4- w p �� tc RT N75°3849"E / ',1.-/ \ cA. `nv o0 4� �SF�i J� 44.23 L' 78,7i 400 \FAT �o T 4 N65°34'36"E -! 4.33.23 ( c <p7N N L O 37. 39 ,, 1 , min° - :. � G N - 2 20 AC. \ \ \ sTRE 1,156°36 20 E tn t. LOT 1 y l !°:i. t� [IRON cr OZ 10.75 - i ., LINE " 135 - ( - \ �� 2000 �� VICINITY MAP N58°!8'02"W n 2.70 AC so c. FR°M \ 3- 83 ("= 2000' . 16.54 • N 56 36.29'20, `I ' m LOT 2 ,a' `� N50°34'32"E ,' 2 O1 AC. C M o59 55.79 `" N N LOT 3 6pGV STREA - N45 �` N at 2.O! AC. 5'Z - SUBDIVISION PLAT N43°39'23"E .- \ oD- / - T. M. 19 - !2 74 83 g 00 JESSE H. BREEDEN LOTS I THRU 5 \ Y N\ • 00 D B 61 7 -480 , 483 PLAT z5 �\ o\ p �'�'' 2 ►' QUINTFIELD " N4 7. 3'20"E _�\ N \ 284'70 4�� o`l THE PROPERTY OF E. MORRIS B 87. 35 i W `' , . • - I MARY J. CHISHOLM F ` ULP DEDICATED ` j0 N 430 I FOR PUBLIC USE \ ?O - • ' 3 \ so/' ,43 LOCATED ON ST. RT. 664 �� T. M. 19 - 12F o5, a33, �, 02 ,� WIL8t1R WRIGHT ABOUT 2 MI. N. OF EARLYSVILLE • \ E. MORRIS e MARY JANE CHISHOLM c t;/ 40.90 3 i vo D 8. 706 400 PLAT EX EM PT \• \ \\ " D.B. 84I 152,I55 PLAT k127 r • A Ao_ FAMILY RI VANNA MAGISTERIAL DISTRICT \ ��`�= ADM IN ALBEMARLE COUNTY , VIRGINIA oz• Q� ��a �, LAN SCALE: I "= 100' DATE,:06.30.85 INC. , T.M. 19-12C 1 T.M. 19- 12C2 WILBUR WRIGHTR.o SNOW JONATHAN WRIGHT D.B. 706 - 400PLAT p.8 706-3 CNARLOTTES I N VA. 98,400PLAT 5655A --4xivi- ----Jcio [1 —_,E1.. -4LowAL-u-mNs . vh q4 _........ Atelit inosilIAKE BOAFO 12 6 f TYP. Ix6' RAKE METAL DRIP WW/ A LRAIMJ4 METAL DRIP EIXf FASCIA EDGE VINYL + 000 - 000❑ —' VINYL CORNER SIDING 4' Mop ❑000 • BOARD CORNER SIDING ®®®0 ®®®® TRIM ®®®® ®®®® ❑❑❑E1 - ❑0 0❑ •- 1'x4' TRIM D O D D O O I 1'x4' TRIM 0000 0aa Tr9070 O.GD. 9070 O.GD. i 9070 0.G.D. 9070 0.GD. NO T r ri STARTER STRIP T CONS. I T CONSTRl1CTIDN I FROST CONSTRUCTION FRUS VINYL SIDING SCALE: 1/8'-1'-0• GR00VED SIDING SCALE: V8'-1'-0' 12 12 6 f TYP. 6 TYP. EXTERIOR SIDING n �,� �'J EXTERIOR SIDING (TV FRONT ELEVAT ION •� GO (SE FRONT ELEVAT ION FOR SPECIFIC SIDING FOR SPEC EIC SIDING APPLICATION NOTES) 3068 PFEN.NG �® APPLICATION NOIea) STEEL DOOR r r GAG AR [ L W LQ tTEl( G30[ =[T C L,C WI TI O(t�J GROOVED SIDING SCALE: 1/8.-T-0' GROOVED SIDING SCALE: V8%ILO' VINYL SIDING VINYL SIDING POINT A NOTE. — `� N40.09'42"E 8738...9213 8.23 THIS PROPERTY DOES NOT LIE WITHIN THE ear I N43'39'23"E 73.91 100 YEAR FLOOD PLAIN ACCORDING TO THE N50.34'32"E . FLOOD INSURANCE RATE MAPS. - N56'36'20"E 37.59 T N65'34'36"E 33.23 1�, N75.38'49"E 39.52 N87.05'S5"E 35.30 576�3Oi7 E 32J7 I HEREBY CERIFY THAT ON 7-/7-89 S66 30'17"E 52J7 s 4�� i SURVEYED THE PROPERTY SHOWN ON THIS PLAT. S65'34'15"E 61.85 S67'38'21"E 88.70 1-1 `o TO THE BEST OF MY KNOWLEDGE, INFORMATION 8 0 POINT Bi S� la �.► COMPLETE AND AC-BEUEF AND IN MY CURATE ZONAL OPINION IT IS Z'%�' • •� \• \��\\ r f1_4)1 CIS` w ,�� ' . D A = 90'09'29" / • �� � g Tram'" R = 35.00 // / s 9ht \ �� �0 .- v ��1 f wr14 ct }afire- �' z°, . L = 54.98 / • Fos me e s T'" �yF { �����Z.!'t `_,` CB = S25'00 15'E / / • • n �� �` ...... �/ �� A = 224.6 51' A --"It R = 224.65 /g/ ly2 Story Frome Well ��� L = 12.08V W/Bsmt. • • RCGrR 'E�.'. „; .4:104.: . C = 12 08 / / Cit o CB = S18'19'26"W / / Grovel Found / Isc--) �'` i j��• s / / p rive ' - ; Iron v . SI9'58'413"W '2'. ' / / •/ / Found P i 105.01 vx) ;; , • / / x''o O- pg.\0cyzO,5A0 s on Found / / Os� 47, G•. pg. / • 203.62 Iron Found // / S82'47'24"W / . Iron PHYSICAL SURVEY it • „So' Found I C LOT I t QUINTFIELD `'e7so ti LOT 2 ALBEMARLE COUNTY , VIRGIIA ';,, .o SCALE . I' = 100 DATE . 7-17-89 co FOR '' Iron DANNY R. 8 SYLVIA GUENGRICH Found R.W. RAY , R O. SNOW 8 ASSOC. , INC CHARLOTTESVILLE , VA. / 7666