Loading...
HomeMy WebLinkAboutVA199900021 Review Comments 1999-09-07 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: September 7, 1999 STAFF REPORT VA-99-21 OWNER Delmer and Rebecca Thorne, Sr. APPLICANT: Delmer Thorne, Jr. TAX MAP/PARCEL: 101/6A ZONING: RA, Rural Areas and EC, Entrance Corridor Overlay ACREAGE: 4.0 LOCATION: Southwest quadrant of the intersection of Rt. 631 and the North Fork Hardware River, approximately one mile north of the intersection of Rts 631 and 708 TECHNICAL REQUEST AND EXPLANATION: In order to divide this property into two two-acre parcels, each with an existing dwelling, the applicant requests the following four variances: 1. Relief from Section 10.4, Area and Bulk Regulations, which requires a 25-foot front yard on an internal private road. A variance of 4 feet is requested to allow the existing home to be 21 feet from the proposed access easement on Proposed Lot X. 2. Relief from Section 10.4, Area and Bulk Regulations, which requires a 25-foot front yard on an internal private road. A variance of 10 feet is requested to allow the existing home to be 15 feet from the proposed access easement on the Proposed Residue Lot. 3. Relief from Section 4.2.2, Area Regulations, which requires the building site to have adequate area for two septic drain fields that meet §4.1.6 as approved by the Health Department on the Proposed Residue Lot. 4. Relief from Section 4.1.6, Area and Health Regulations Related to Utilities, which prohibits issuance of a building permit (where the use involves sewage disposal) without approval by the Health Department for both original and future replacement septic disposal fields to accommodate a three bedroom dwelling on the Proposed Residue Lot. RELEVANT HISTORY: Subdivision Plats, 1980, 1982 and 1984. SP-84-026 was approved for a single-wide mobile home addition to an existing mobile home. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property was in Mrs. Thorne's family before our zoning ordinance was adopted. It has been subdivided and redivided several times, but always remained in the family. The two homes on this parcel also existed before 1980. Variance Report, VA 99-21 2 ;eptember 7, 1999 The property has a number of topographic features that are qualifying factors for a variance. First, it meets the minimum lot size required for the two dwellings. Because of the location of the houses on the lot, there is no good way to divide the state road frontage to meet our regulations. Therefore, since the two houses currently share a driveway that is located between them, the driveway became the logical dividing line for the new parcels. To allow the shared driveway it must be incorporated into an access easement from which our regulations require a setback—hence the two setback variances. With this obvious and easy property line, the surveyor had to carefully construct the remaining property line to get exactly two acres in each resultant parcel. There is floodplain covering almost half of the four acres. The parcel also has critical slopes both between the dwellings and Route 631 and between the dwellings and the North Fork Hardware River which adjoins the parcel on the north. Together, the floodplain and critical slopes cover more than two of the four acres. The houses are located on the most level area of the existing parcel. One existing septic drainfield currently serves both dwellings. The soil scientist could only find sites for the other three needed drainfields in one area, immediately adjacent to the existing field, and totally on proposed Lot X. Therefore, although the surveyor has certified that both lots have 30,000 square feet of area that would otherwise meet the building site provisions, there is no area on the residue that meets our septic requirements. The variance from §4.2.2 would allow the new lot to be created without leaving drainfield area on the residue. The residue lot would have access to approved drainfield areas (both primary and secondary) through easements on Lot X. The variance from §4.1.6 is necessary so that the residue lot could obtain building permits in the future. The purpose of these variances is to allow Delmer Thorne, Junior to own his own property which in turn allows him to gain his own financing. With this change, he hopes to either enlarge his existing mobile home or to remove it and build a new home. This improvement is the only visible change that is currently envisioned. Although these homes are barely visible from the state road, a new or enlarged home should have a positive effect on the aesthetics of the site. 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: • So that each family will own their own home and land; and, • So the younger Thornes may purchase a larger home; and, • To alleviate the inadequate living space for the 3 or more younger Thornes. I:IDEP71Building&ZoninglStaff Reports\VA99-21.doc Variance Report, VA 99-21 3 >eptember 7, 1999 Staff has identified several topographic features that cause hardship as described under the Code of Virginia relating to granting a variance. The floodplain and critical slopes and the location of the existing dwellings all contribute to this hardship. Public health safety and welfare are protected since the drainfields can be accessed through easements. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The variance will not cause any hardship or inconvenience to adjacent property owners. Staff finds that this parcel is unique in the fact that it has two existing dwellings and a large area of floodplain and critical slopes. 2. The applicant has 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: • This family subdivision will not affect the character of the district or any other parties. Staff agrees that granting the variances to allow this subdivision will not change the character of the district. The addition of property lines will not be visible but may contribute to "pride of ownership"and desire to maintain and improve this already developed property. 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 all three criteria are met, staff recommends approval with the following condition: 1. The parcel shall be divided in general accord with the plat presented in this file. I:IDEPT1Building&Zoning\Staff Reports\VA99-21.doc • V Delmar or Rebecca Thorne Property Tax Map 101 , Parcel 6A Variance Request July 29, 1999 In order to divide an existing 4-acre parcel with 2 existing mobile homes, the applicant needs 4 variances as follows: Lot X 1 ) setback reduction from new access easement from 25 to 21 .6 feet. Residue of parcel 6A — 1 ) Setback reduction from new access easement from 25 to 16.2 feet. 2) Building site omission of drainfield areas. (4.2.2) 3) Reduction of drainfield requirement from primary and 100 percent reserve to easement on adjacent parcel. (4.1 .6) ALB EMARLE COUNTY 89 TO, _` / \\ 3� �26A psH 27 28 �-91 14 �� 2 27 S 30 ,� _ 4 � -s 2g 27A1 I COUNTY OF ALB LE \ 3 5 C ' 6� 2 25 /29 p / / .... / SB l 4 25A � _ 3q / / 6A y 3 �36 249 37 % 5 (0 �o I 38 8 2orrb0 Q \co24 6A \ 9 saMUEL• .E . 40 ,z B I 43� t 10 11 /7B 1 J 47 12u \ 23 \ / 44 23 C 46 23 \ / 13C l \� 42a - 139 15 16� f �— 48 3E 45 p13D �"9 • 22 � two /� ,•' y/ 52 51 100 zie l02 _ 21 4 9 50A v i 22e - 52A \ n / IB 50 , / 50 F �c f / 58 F �� �<v � �y Oe 5 3 / h \ /20 D / /58E / 58A54 55e \ yc 53 531 / ` ✓g3A 57E 't / 57 55 20 / 57A In 19 f r O o \ 56 co \ / 56A * 55A are 60A /// d 59 1� T ^,F.r �60 l f \ 621 of \ ♦ �..iID Y. ` r• REVISED 1949 — JULY 195 — DEC. 195 ` '-i� ` � � # . ' `` �>y'QRRID SCALE IN FEEL ' � '�� � ! ` �J. i00 O 400 12" 1900 2400 . z r SGOTT_ ti r OWNER'S APPROVAL STATEMENT OF TITLE THE SUBDIVISION OF THE LAND DESCRIBED IS WITH THE THE LAND SHOWN WAS OBTAINED BY DELMER OR FREE CONSENT OF AND IN ACCORDANCE WITH THE REBECCA THORNE, DEED BOOK 852, PAGE 184, AND TO 1 DESIRES OF THE UNDERSIGNED OWNER, TRUSTEES, OR pLTH per THE BEST OF MY KNOVI(LEDGE MEETS ALL THE 1 PROPERIETORS. ANY REFERENCE TO FUTURE POTENTIAL �� L� REQUIREMENTS REGARDING THE PLATTING OF DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. 6- CORRECT , SUBDIVISIONS. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND - TO THE BEST OF MY KNOWLEDGE. TIMOTHY R. MILLER - 1 CERTIFICATE No. o 2065 0� TO WIT: THE FOREGOING INSTRUMENT WAS 13 C-1. ACKNOWLEDGED BEFORE ME THIS DAY OF ,f'i c0.- ALBEMARLE CO. PLANNING DEPT. ` DATE i FD LAND MY COMMISSION EXPIRES / / DESIG. AGENT BOARD OF SUPERVISORS DATE ALBEMARLE COUNTY The land use regulations listed/described herein are imposed PLAT NOTE Division pursuant to the Albemarle County Zoning Ordinance in effect This is a Familycreated in accordenc� • this date, and are not restrictive covenants running with the with section 14-208 and related provisions of the ' land and their appearance on this plat is not intended to Albemarle County Code, Ownership of Lot X impose them as such. shall not be transferred to a person other than NOTES: a defined member of the immediate family for a 1. Source of title: DB 827-440 0 c period of two (2) years from the date of recordation of 2. A portion of this parcel is in flood zone "A". this plat except as authorized by section 14-212(A) 3. This parcel is zoned RA. of the Albemarle County Code. If Lot X 4. Parcel 6A may not be further divided. is conveyed back to the grantor within this period, Lot X may not be further divided. it shall be recombined with Parcel 6A. ' 5. Iron markers are at all corners unless otherwise noted. Drainfield Notes 631 6. The minimum building setbacks are 75' from the road casement (25' from internal public/private road) in front, 25' from the A - Reserve Drainfield for Parcel 6A 708 side property lines, B - Primary Drainfield for Lot X N Hardware 7. The septic setback is 50' from all streams. C - Reserve Drainfield for Lot X 631 • River 20 X and the residue acreage each has a Building Site 708 9 9 Existing drainfield serves as Primary \ Site in accordance with Section 4.2.1 of the Drainfield for Parcel 6A. 708 Albemarle County Code. 4 9. Only one dwelling unit per parcel. 717 20 Vicinity Map Y S67'50'45"F, TM 101 Parcel 6B 76.09' David or Priscilla Hargrave S79°22'55"E DB 827-438 18.02' TM 101 Parcel 5 DB 827-440 Plat IF © S79'22'55"E L.C. Kimco Flood Zone "A" 50.08' SW 7,22' DB 1280-603 DB 671-383 Plat N. Approximate --- /� �} r _ ...... —S ' , Location of "1 ��- A 23 p1' f 1 Flood Zone �--- '1�, '1 `S'6sr• • Boundary \ / IS © '•z �`~1 Foo'-'4ccess ��16�' / 50.00' SE\ o 11 �10\or em t /yAo� // °n Flood Zone "C" -;S� / 11 a'- `�`I�`44��� / :_ w / os 1 TM 101 Parcel 67�'-._,\�`le, "� N Lot X 1� •--\,Delmer or Rebecca Thorne /� ., . N A1Partion of Parcel 6A 1 � 1 DB 852s184 ��'�,,' ,, Ogg / Bridge N /2.00 Acres 1 1 DB 830-445 lot / >s, 9, / i\ccess Easement 1 11 Exist �°' Y • \N / To Drainfield 1 Manufactured/ °��,/ / NO c;x Home / \ �// /�� 0 1 / • I. IF h O�z . ./`& •�.,/.� r,, / s' ec N Q� / 06' TM 101 Parcel 7F N53'15' 11"W <Q, o°/. �/*, IS ` ,o��� (' cod' ic0 p�* James & Nadine Shifflett 65.57' �L c' •• •0��� s'�;�� . �`� ���w°i ,d`��.C° '�b` DB 1300-469 sue. Q� & �t' i ' , ��JS y / o \`' i (25 / fcr, �` �,`��D �� I S L�" „ // fc li ��' '66' F\ y/Exist / o .N / ',Dy /\ / D/W 4� 1 Exist ' Manufactured 15' Cf �/ S18'23'44"W '� j TM 101 Parcel 7A Home �to. �o M� 10.60' James or Nadine Shifflett o�oo. p� / 5111°23'44"W DB 1179-438 �� 'N)/ 25.03' . DB 870-433 Plat ' PF 1.36' SE Lot Summary SURVEY SHOWING FAMILY SUBDIVISION OF / Parcel 6A 4.00 Acres TAX MAP 101 PARCEL 6A ,/ / Less Lot X 2.00 Acres Residue: 2.00 Acres ':THE DELMER OR REBECCA THORNE PROPERTY / 20' Access Easement COURSE BEARING DISTANCE SAMUEL MILLER DISTRICT, ALBEMARLE COUNTY, VIRGINIA L1 N61'30'23"W 98.98' L2 N51'18'34"W 45.00' SCALE: 1" = 100' DATE: JULY 29, 1999 I l , 00 0 100 3 N10'06''226"W 32.79' 101006A.dwg 200 300 RIVANNA ENGINEERING & SURVEYING, INC. •■•■ • ■r•■ P.O. BOX 154 PALMYRA, VA. 22963-0154 NO RAD TAN ARC DELTA CHORD CH.BEARING Cl 340.00' 69.48' 137.07' 23'05'55" 136.14' S29'56'41"W •,-<. PHONE: 804 589-8395 C2 975.00' 70.00' 139.75' 8'12'45" 139.63' S22'30'06"W .. .. ., ,....... ...,.. ,.,.w,•n.. ... ...ry.,,,o„ .Y n,. .....ai;_ .. .w...r.,.i-...r, ...r..,r. .. .nw i..a,..n.e., r. , .^!i.n.Y:ui1 YJw:x..Mn lNYI:YtIb:'+Y.1il.lnrN.W.. .r v1/.tl.fsYM.el..,vr V...1'.u1•.d.'P.1KSM�i%W.Y� Jan Sprinkle From: Amelia McCulley Sent: Wednesday, August 25, 1999 12:39 PM To: Jan Sprinkle Subject: RE: VA 99-21 I think it's better to include Sect. 4.1.6 so they don't have to get another variance later to even replace the mobile home or whatever. I've made some changes, please review. I also suggest that we condition the number of bedrooms not to increase since there are septic limitations and we don't want to give a wide-open approval. Changes I've made include VA99 21.doc deleting reference to our regs as cause for hardship, etc. -----Original Message From: Jan Sprinkle Sent: Wednesday,August 25, 1999 9.47 AM To: Amelia McCulley Subject: VA 99-21 << File: VA99-21.doc>> Here's my report. let me know if and when you give it a nod so I can copy it onto the I: drive for Sharon. 1