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HomeMy WebLinkAboutVA199900023 Review Comments 1999-09-07 STAFF PERSON: Amelia McCulley PUBLIC HEARING: September 7, 1999 STAFF REPORT VA-99-23 OWNER/APPLICANTS: Dorothy Hoffman, Mary Sheridan, Louise Rich (owners) Julie Dexler (applicant) TAX/MAP/PARCEL: 26/35B ZONING: RA, Rural Areas ACREAGE: 5.82 acres LOCATION: in southwest quadrant of intersection of Rt 810 and Rt 672. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4, "Area & Bulk Regulations," in order to change the side setback from 25 feet to 10 feet. This variance is to allow the construction of a single-family dwelling. This property is vacant and the applicant is a contract purchaser. She intends to build a 3-bedroom house. (*Please note that the property line from which the variance is sought may appear to be the rear of the property; however, by definition it is the side property line.) RELEVANT HISTORY: This property is known as lot C of the Katherine Blackwell Estate. As a result of a plat signed by the County on April 2, 1998, this was recognized as a separate parcel. This is a case in which property labeled with one tax map parcel number was shown on both sides of a state road. Prior case law has directed us to consider a state road as an actual division of property without the requirement of approval by the County in accordance with the Subdivision Ordinance. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The property is relatively open and primarily gently rolling. There are some portions of critical slope (25% to 32%). In the lower and more level area, there is a seasonal water table at depths that will not allow installation of a septic field under current Health Department regulations. In addition to the existence of marshy area, there is a spring which traverses the northern portion of the property. A ditch was dug in the southern portion of the property to assist with drainage. The Soil Scientist, Steve Gooch, notes in his report that he observed standing water in this ditch. The soils report dated November 23, 1998 states that on the entire 5.8 acres, the septic field is limited to only that one area indicated. In addition, a portion of the septic field VA 99-23 2 September 7, 1999 Board of Zoning Appeals Amelia McCulley must be constructed on critical slopes. Based on the presumed house location, the report indicates that a pump system is required. In summary, there are topographic conditions on this property relating to the presence of a spring and a high water table. Construction on critical slopes does not require a variance since this is the first dwelling on the property. The side setback can be met; however, several construction measures and a pump septic system are required. (This will be further explained.) 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 property is 5.8 acres but only has one site where a drainfield can be placed. • This limits the building site to a very small place near the drainfield. • With the required setback, the house would need to be placed downhill of the drainfield and would require substantial excavating to build the house into a hill which changes the property's shape and presents more soil erosion issues than if I was able to build 10 feet from the setback. • Also, I could simply do a standard foundation and not have to septic pump uphill to the drainfield with the variance. There are obvious topographic constraints on the property as outlined in the preceding. However, Zoning staff has not received sufficient information relating to the "substantial excavating"which would be necessary to meet setbacks. We are not aware of erosion issues which could not be handled by proper construction practices and perhaps special erosion measures. The soils report did not indicate that setbacks would not be met. The soil scientist presumed a pump system would be used. It is not uncommon to use a pump system, although it is not preferable when a choice is given. As the Board is aware, we first review a request to determine if there is a way in which a variance could be avoided. If one cannot be avoided, we determine if the least amount of variance is being requested. Prior to the Board meeting, Zoning staff will have further discussion with Engineering staff, the Soil Scientist and the applicant, to gather further information. C:I WI NDOW S I TEMPI va 99-23.d o c VA 99-23 3 September 7, 1999 Board of Zoning Appeals Amelia McCulley 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship • The applicant comments this property is unique in its very difficult building site location. Staff finds that it is unique due to the topographic limitations. 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: • The house [property] behind me is approximately '/4 mile away. • It would not affect any other properties. Based on staff's research, the property most impacted (tax map 26, parcel 39) consists of 140 acres. The difference in setback from this proposed house to the property line if the variance is granted may be less relevant as long as this remains a large parcel. However, it is the common practice that the applicant for development be the one responsible for minimizing the impact on neighbors. 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 it appears that a house can be constructed without a variance and sufficient justification has not been provided to the contrary, staff is unable to support this request. The applicant has not explained how compliance with the zoning setbacks constitutes an undue hardship. The other two of the three necessary findings have been met in staff's opinion. Staff recommends denial for cause. Should the Board find cause to support this request, staff recommends the following conditions: c:\WINDOWS\TEMPIva99-23.doc VA 99-23 4 September 7, 1999 Board of Zoning Appeals Amelia McCulley 1. Approval is limited to a 3-bedroom house unless this variance is amended. 2. Staff shall determine if sufficient room exists to require the applicant to plant evergreen shrubs along the house on the side property line. Prior to issuance of a building permit, staff approval of a landscape plan shall be obtained. Landscaping shall be installed prior to certificate of occupancy on the house or by the end of the next planting season. C:I WI NDOWS I TEMPI va 99-23.do c ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 2:00 P.M. DRAFT AGENDA TUESDAY, SEPTEMBER 7, 1999 I. Call to Order II. Establish a Quorum III. Variance Hearing A VA-99-21 Delmer and Rebecca Thorne, Sr(owners)/Delmer Thorne, Jr. (applicant) Staff Person: Jan Sprinkle B VA-99-22 Ivy Creek Methodist Church (owner)/CFW-Intelos (applicants) (Deferral Agreed To) Staff Person: Amelia McCulley C VA-99-23 Dorothy Hoffman, Mary Sheridan, & Louise Rich (owners)/ Julie Dexer(applicant) Staff Person: Amelia McCulley IV. Deferred Appeal Hearing A AP-99-03 Pantops L.0 (owner), Gage T/A Pegasus Motorcar Company, L.0 (appellant) Staff Person: Amelia McCulley B AP-99-04 Richard Spurzem (owner/appellant) Staff Person: Amelia McCulley V. Old Business VI. New Business VII. Adjournment • N 08/18/99 15 : 04 : 06 INQUIRE COMPREHENSIVE INFORMATION SYSTEM BE43 CIS002 CISINQ02 PARCEL # : 02600-00-00-035B0 PARENT PARCEL # : - - - OWNER (LAST, FIRST,MI , TITLE) : HOFFMAN , DOROTHY , PARCEL LOCATION: (HOUSE #) 3945 (STREET NAME) BROWNS GAP TPKE (CITY) CROZET (ZIP) 22932 MAILING ADDRESS LEGAL DESCRIPTION HOFFMAN, DOROTHY, MARY E SHERIDAN 1 . LOT C & LOUISE RICH 2 . 3945 BROWNS GAP TURNPIKE 3 . WB 87/266 CROZET, VA 4 . ZIP CODE : 22932 - 01/01/1999 OWNER: HOFFMAN DOROTHY HOUSING CONDITION : 0 GROSS LIVING AREA : 0 DEED BOOK REFERENCE : 1634 / 173 BASEMENT AREA 0 PLAT BOOK REFERENCE : 1692 / 469 BASEMENT (FINISHED) : 0 HELP = "Fl" OR PUT CURSOR AT BOTTOM LZ lirt ;- V111": . . e V %Nfl \i f. / * 3Ob- ,40,:0 • 0. 1 3'7AOQ 1 • ‘ . 36C. h .,\\g� I 1 i' -iiiiikikst\ ,-, 1 1 illik . \ . • . r► . - - i � , , 111. . ,,,,, iii b2 1 ..... ■ • I • CUI DATA S02°07'44"E 45.98' NO. A R L C CB MgGNeT,C G IRON SET IRON SET AT 15" OAK I 08°14'09" 2839.79' 408.20' 407.85' NI7°48'50"W 99? AT 30" OAK SI8°33'3I"W 18.64' 2 00°59'35" 2839.79' 4.9.22' 49.22' N22°25'41"W IRON 3 08°02'08" 979.93' 137.43' 137.32' N18°54'25"W SET SI7°25'38"E 242.25' IRON SET AT 15" OAK 4 08°01'20" 929.93' 130.20' 130.10' SI8°54'49"E ' - " / 5 09°13'44" 2889.79' 465.47' 464.97' SI8°18'37"E 30055 . ' FENCE . QH O ` S48°36'21"W 38.97' T.M. 26 - 38 IRON 49"E , V CLAUDE SAUL ET AL ET g29°48 ,\ \,N J 'n� 24" OAK D.B. 308 - 126 `� © N73°36'2I"W 61.43' D.B. 188 - 594 �k RIVER IRON SET AT 21" OAK D.B. 188 - 595 �� f 305°18'55"E 64.21' �`��„ IRON SET T.M. 27 - 6 �� \\N\ ©4 S64 55'OI"W 44.38' CHESTER C. 8 THERESA M. SHIFFLETT W _!onto cfr T 4T 91" SYCAMORE D.B. 616 - 230 Scale 1"=100' D.B. 280 - 499 **N\ NLOT B ` Potential Drainfield Site D.B. 208 - 487 PLAT d IRON °�CD �� ' \ SET Z 4.88 ACRES\ Lot C - Blackwell Estate IRON EXISTING �" POLE \ 3 State Routes 810 and 672 S50°45'35"E : 9 CD 97 68' SET ,o 0 RES.. , ` , `�F co 1:41 %e 3S Albemarle County, Virginia T.M. 26 - 39A IRON SET y M M .• • 26. 3''• Gooch Engineering co 6 g g & Testing, Inc. CHESTER C. 8 AT 9 PINE \�, • ro ti. °' 1305 Carlton Avenue THERESA M. SHIFFLETT p,o R ��1 ti D.B. 615 - 437 2 �°;D� z cE --'� P � LOT A IRON F -�"'�;& : 9a22902 IRONSET ATOUBE . S75°2141'W ��f - TO P‘-A� oNO- =' ;n i i • LINE 180.59' R • T.M. 36 - 37 N78°32'47"E� 4 -• LANE i° i i ROBERT E. 8 52.37' '+ o ++ O & 35, •• ••.T�!'I 26 • 36 FRAME FRAME i IRON IRON T.M. R. CRUM o_` ' - Q 6 _ 38 .4� M� 26 '••••....•_ z BARN BLDG. +I SET SET D.B. 649-257, 255 PLAT N61°44'25"E T M.?• •;35g ,.\,,,,..,, .SB I I a --- 69.40' n IRON '-`M�26 - IRON ••IRON. .. ••....... 279.23' SET ON SE °55'29"W ••" D.B. 291-307) 0 �- IRON SET SET 2 -.r_ SET N2 549• $• •• "• S75°21'41"W 28.19' alu ......., Ni °41'46"W 230.70' 0 O 50' R/W ID.B• 278- 279.23'���� o j•_•••. STATE s22°55'29"E IRON ` o S05°32'57"E 35.02' ROUTE 81O O BROWNS GAF TURNPIKE 3 SET IRON) ' IRON SET __ • S13_°41'46"E 195.93' � IRON �,;� � FOUND �AI/ IRON' IRON SET SET SET , �'. DOWN p S79°15'03"E , ; Q.�` / FENCE v! • 126.10' ' .' . �' POWER ` i }ILL N � kr ♦ ► LINES L O T C J"� ham) - c-c.,�n e_ /4 r 100.S►IS �� T.M. 26 - 35A ♦ _ A.C. 8 THERESA A. J �i 5.82 ACRES l 51T£ d'►W14t i �1k O yQ i.As IRON ! ^.SHIFFLETT �- SET 35 • • +'' eM�D.B. 300 - 33 ° ` I�' 1 t•J8T a� / ` ' 1' J ���►I D.B. 272 - 264 , . S84 04'1I"E / l�1 f)/(c4( \ ,I - Apr °' (.}^ea��{.� I(Y1aC'N ,fir, o�c Tol° , D.B. 171 - 441 :�Lh 104.08' / • °S . (OL �i-....r •! t 0.p Vu 1 IRON IRON FENCE w NI6'07'I I"W 1217.35' '""R O F o5E ID S 1 T E FOUND / SET T.M. 26 - 39 n FOR I+oUSC- CENTERLINE ROAD JOHN C. 8 RUTH F. JONES • SCALE: I" = 100' DATE: OCT. 16, 1997 D.B. 459 - 541 y D.B. '65 - 474 PLAT \n REV. DEC. 18, 1997. d SHEET 2 OF 2 11377 THIS PARCEL IS NOT IN A 1. OWNER: TRUSTEES OF THE IVY CREEK METHODIST 3. F.E.M.A. FLOOD HAZARD _ S 88'08'19' W ` Q�J�o IN ALBEMARLE COUNTY ZONE "A" OR "B'� � �� � I% TAX PARCEL 44-12H D.B. 383 PG. 493, & 39 4. LEASE PARCEL DERIVED FROM A FIELD 5� �61 �. Z TAX PARCEL 44-14 D.B. 173 PG. 375 SURVEY AND DEEDS AND PLATS OF j.F.ASE PARCH+ - �� N 8T3514 E o ZONED RA RECORD AS FOUND AMONG THE: LAND 400 SQ. FT zo '1 $I N RECORDS OF ALBEMARLE COUNTY, 2. OTHER EASEMENTS, IF ANY, NOT SHOWN. SITE # CV20I Z o VIRGINIA IN: o c I NO TITLE REPORT FURNISHED. CHURCH PROPERTY N+� DEED BOOK 383 AT PAGE 493 ROUTE 676 �� $ 46. MARY RIVIERE DEED BOOK 173 AT PAGE 375 g �' I TM 44-12 O� '� D.B. 1276, PG. 421 x �Q\ �O g g7-3514" W N 87'35.14- D.B. 1494, PG. 720 S 88'013'19" W 5 x x z-- %-�- ,,,\ \0.00' 10.00' \ x \ 1 \ ., \ —N 87'3514'E. qSC/�y f \ \ \ \ f� 6• ? 1 N 32'45'05" w \� ' \ I 26.77 I i lw .1 I \ 15' INGRESS EGRESS t :1 I MARY RIVIERE Dom' iTRUSTEES OF THE EASEMENT 1 1 TM 44-12 NOT TO SCALE 1 IVY CREEK METHODIST 1 D.B. 1276. PG. 421 TRUSTEES OF THE IN ALBEMARLE COUNTY /N �� . i `� D.B. 1494, PG. 720 IVY CREEK METHODIST I TAX PARCEL 44-14 ! IN ALBEMARLE COUNTY D.B. 173 PG. 375 �F- /y o TAX PARCEL 44-12H 674 WOODLAND ROAD 1 0l - 9U.64' , �; �� • D.B. 383 PG. 493, & I El IU c,: � oJ�O 1 wj l _ _o IRON PIN SET I I - - " f - 1 1 � - , E r 1- N 7gh 'r - _ - f — — PROPERTY LINE CONSTRUCTED ' i r `166FROM PHYSICAL EVIDENT I I , - - ' _ -- - �� 676of WAY R0� RIGiIT i RESCRIPT Nb ROAD f 30 P wooP�A ��0" .F I, SURVEY OF A L- r o}4 LEASE PARCEL Sc INGRESS EGRESS EASEMENT • /U G a D NO 444E FOR CFW WIRELESS puRsA 1 7-g 3" 6,- ON THE LAND OF 9"D S` ` IVY CREEK METHODIST CHURCH Patton Harris RustdcAssociates,pc 'er'in r'P'`�"r'``°d"ap° Architects 118 N. Bain StreetIN ALBEMARLE COUNTY, VI R GI N I A Bridgewater, Virginia 22812 540-828-2818 ----�- Offices- T ,. z JACK JOUETT DISTRICT CURVE RATS f LE'iC C OKD C BEAR-._ DELTA Chantilly,Va. f ALBEMARLE COUNTY , VIRGINIA Bridgewater,Va. Virginia Beach,Va I Cl 1C O0 22 ^ 8 2'. �C_C_'v=" '•N 131'07'22" Leesburg Va. Winchester,Va C2 23 25 a —b 44'3 t 98'58'56" SC^ 1" 60' DATE' JUL ' ^; j` 9 F---iR&A 10419-12C