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HomeMy WebLinkAboutVA199900019 Review Comments 1999-08-03 STAFF PERSON: Amelia McCulley PUBLIC HEARING: August 3, 1999 STAFF REPORT VA-99-19 OWNER/APPLICANTS: The Anne B. Dorrier Trust (owner)/Anne B. Dorrier (applicant) TAX/MAP/PARCEL: 131/16 ZONING: RA, Rural Areas ACREAGE: 51.592 acres LOCATION: on the east side of Rt. 20, approximately IA mile north of Scottsville. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4 Area and Bulk Regulations in order to allow the construction of a garage apartment by reducing the separation between the house and garage from 50 feet to 26 feet. The zoning regulations treat all types of dwellings the same in terms of setback, development rights, frontage, etc. Therefore, a detached house, an attached house, a guest cottage and a garage apartment must meet the same regulations. Within the Rural Areas district, you may construct more than one dwelling on a parcel if it can be done in such a way that the dwellings could be divided out onto separate parcels in the future. Therefore, a minimum of 50 feet of separation is required in order to provide the minimum side setbacks. The garage presently exists and is separated from the main house by a patio. The applicant would like to have an apartment for someone who could assist her with the property and her other needs. RELEVANT HISTORY: None relevant. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The property is in the shape of a large rectangle. It has several improvements, including a 2 story frame house setback about 450 feet from the road. The improvements are located in the front portion of the property near Rt. 20. 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: VA 99-19 Dorrier Garage Apartment 2 August 3, 1999 Board of Zoning Appeals Amelia McCulley • I have lived alone on this property since the death of my husband in 1996. Due to my age and present health difficulties, I need to have another person on the property. By having a garage apartment I could rent to a student or suitable person who would check on me everyday and provide some help on keeping my home and grounds up. Staff is sympathetic to the needs of the applicant for someone to live nearby and care for her and the grounds. However, that is not considered necessary for reasonable use of the property. Staff has held the opinion that if there is some way to avoid a variance or to need less of a variance, these routes should be pursued. Staff has not been completely convinced that there are no alternatives. For example, the ordinance makes provision for accessory apartments within the primary residence. Is this possible? Is there another structure which could be used as an apartment or new construction for an apartment which would meet the zoning regulations? Is there an addition which would attach the two structures (house and garage)? 1. The applicant has not provided sufficient evidence that the strict application of this ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments that the variance in necessary: • It could be by my elderly neighbor who lives next door on 50 acres. The applicant seems to have noted a similar situation next door. It is not uncommon to find this need and the need for a variance. In that respect, it is not unique. It is somewhat unique that the garage does exist. It would be relevant to know if this new apartment unit would not reasonably be divided off onto a separate lot. 2. Evidence has not 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: • No effect on any adjacent property. • No structural changes to my property and no change in the looks of my property. There would not be obvious exterior changes to the property. The only change would be to the amount of traffic with the addition of an apartment; however, that is unrelated to the separation. 1.IDEPT'Building&Zoning\BZAlva99-19.doc VA 99-19 Dorrier Garage Apartment 3 August 3, 1999 Board of Zoning Appeals Amelia McCulley 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: Because the proposed variance does not meet the first two criteria, staff recommends denial for cause. Should the Board find that it does involve and undue hardship in a unique situation, staff recommends the following condition: Approval is limited to an apartment within the existing garage footprint. Any expansion of the area of the apartment will require amendment of this variance. I:IDEPT18uilding&Zoning\BZA1va99-19.doc • it, _ j''' ' - ,t,::, f/ ft7)c____Hf. • s ) . . _ . ) :-..V (4.. 4 j CJ ___________„.. .<7 re- • '''••• '1:7>-' ,.(...., l' 1 . / „, 4 ,.--. `"'F,1•"- ‘ . ,'-, _ -tip , .i....)....„.„5„.5.-- ( -ik,., .-,--\ ---\ \ , . ...,...., ` t �lr • •-=;---y----„ . \ \• , ___,.., • I r . It ( . r „_ 7_,› \ . ` •� / (.17.- , . ,,,.-.1..,..:‘ ,.. I -,,-., \„_,._ „.,. .,_,_. _.-7-/,,\ \ .___ ,_ . 1., cil1„...„...----- 0 '., \ - V �. /� fie, • �jI'. � I , /'Ol • a \-1 • ' 1 ll Il \ �ri I ill i • illt 7\I 11P7 J• H I :,_ ,,N__ __5,cy 00 H•? .\\ 600" \c-A. , il:. L. IIMPOIMMImmip s,. ,yL THIS IS TO CERTIFY THAT ON NOVEyRER 29, ]99] I MADE AN ACCURA?E SURVEY OF THE PREMISES SHOWN HEREON-AND l � � � THERE ARE NO EASE?tE,V?5 OR ENCRORCH ENTS V1518 F ON THE GROUND OTHER THAN THOSE SHOWN " , " HEREON. THAT �_ !�t ;•: �;t ,, THE PROPERTY SHOWN HEREON FALLS WITHIN ZONE s a x'0� "C" AS SHOJI?1 OAl THE DEPARTMENT OF A.U.D. FLOOD HAZARD N ✓� j �_ '' '" 4ttt �� ;., s t..„, J p©ERT 1. t U�1 �' rf z . ... . . . . t ..,......: PHYSICAL SURVEY SHOWING• 4r,l' i. i,..S kh A N TAX MAP 131 PARCEL 16 01157 1 ;.. S��THE L/NDSAY G0400/V DOrQF/EF� PROPERTY � D ►.A, et SCOTTSIILLE DISTRICT, ALBEMARLE COUNTY, VIRGINIa SCALE: 1 " = 200' - - DATE: DECEMBER 2, 1991 ROBERT L. LUM . 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