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Home My WebLink AboutVA199900033 Review Comments 2000-01-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 4, 2000 STAFF REPORT VA-99-33 OWNER/APPLICANT: Vera E. Shifflett TAX MAP/PARCEL: 61 W2/01-0H-00100 ZONING: R10, Residential ACREAGE: 3340± square feet LOCATION: West side of the cul-de-sac of Birnam Drive, approximately 600 feet off Hydraulic Road. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 17.3, R-10 Area and Bulk Regulations, which requires a rear yard setback of 20 feet. A variance of 17 feet is requested to allow an addition to the existing dwelling to be 3 feet from the rear property line. Ms. Shifflett would like to make an addition to her home that would include a bedroom, closet and bathroom. RELEVANT HISTORY: The site plan for Birnam Wood was approved March 1980. The plat of this section of the subdivision was signed in September 1980. Four variances were approved in 1981—all for setbacks of less than one foot in Block F. 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 site plan. The house was actually built in 1981 and Ms. Shifflett purchased it in 1996. The lot has no unusual features, no exceptional size or shape restrictions and no topographic features that unreasonably restrict the use of this parcel. This end unit lot is shaped similarly to most of the end units in Birnam Wood. The dwelling has given it reasonable residential use for 18 years. 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. Although the area behind Ms. Shifflett's house is undeveloped at this time, the "open space" is only twenty feet wide before a platted but undeveloped section of lots starts. There could be other homes built that would back up to this row of townhouses. The addition to Ms. Shifflett's house would be the only one in the subdivision that would be so close to the rear property line and the common area. This lot has only one small area near the front, including the entrance, where an addition could be made without a variance, unless the addition was to be a second story. Many of the homes in Birnam Wood are two and three stories, so this may be possible for Ms. Shifflett's home also. Although she may not be able to climb stairs on a regular basis, she states that the purpose is to share her home and have privacy, and that could possibly be accomplished by adding upward. Variance Report, VA 99-33 2 January 4, 2000 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 she needs to share her home. She is 73 1/2 years old with health problems (heart and back); • She has searched for three months for affordable housing to accommodate two individuals with separate bedrooms and full baths; • Birnam Wood is a convenient location to hospitals, doctors, drug stores, etc. She has lived in this area for approximately nineteen years. (Four Seasons — 15 years and Birnam Wood — 4 years.) Although sympathetic to Ms. Shifflett's health and problem of finding suitable housing, 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 house is one level which is unusual in Birnam Wood, especially on Birnam Drive. Most are two or three stories so they have more square footage and would not need an addition. • This lot is one of the larger lots, so most people would not have space for an addition. In the immediate R-10 zoning district and in the same subdivision, there are 35 other end-unit townhomes, all of which must meet the same 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: • The addition should have no effect to adjacent properties. In the back of the lot is open space (common ground) with no fencing—only trees separate the lots. On the right is a creek with another townhouse of the other side of the creek. The adjacent townhouse on left is for sale. The addition will be built one foot back from the line to allow for drainage, etc. It has already been approved by the Birnam Wood l.•IDEP718wlding&Zoning\Staff ReportslVA 99-33.doc Variance Report, VA 99-33 3 January 4, 2000 Townhouse Association Board of Directors. The addition will be in keeping with the existing house. Staff opinion is that an addition only three to five feet from the property lines will change the character of the district. Right now, the sight-line down a row of houses is quite straight, with various architectural features breaking up the mass. One dwelling protruding fifteen feet farther than any others will be quite obvious and leaves practically no room on the lot for enjoying nature without being in the common area. 3. The applicant has not 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 none of the criteria has been met, staff recommends denial of the variance. Should the Board of Zoning Appeals find cause to approve, staff recommends the following condition. This variance is for the proposed addition only. Any further addition shall meet the setbacks of Section 17.3. • 1•IDEPTBuilding&ZoninglStaff Reports\VA 99-33 doc ALBEMARLE COUNTY VA a I +VOr wy�Tf�O o ° WYNRIDGE DEED BOOK 677 PAGE 172, PLAT 179 LOTS 1 . 44 LOTS 45A th- 84 DB 740 P0. 423 LOTS 49A ttru 6" D0797 P•. 684 O WHITEWOOD LAND TRUST LOTS DEED BOOK 688 PAGE 54 PLAT 55 LOTS AI-A10 80 CAMELLIA GARDEN DEEDBOOK 706 PAGE 681-PLAT 692 LOTS BIA- 815E TO ROUTE 29 BIRNAM WOOD D. B. 700 PAS, 392 PLAT 408 411 BLOCKS A THRU F SECTION I BLOCKS G THRU V SECTION 2 SCALE FOR BIRNAM WOOD IGO 0 100 I -- MINOR TOWNHOUSES O DB. 724 PAGE 92-107 D.B. 1001 PAGE 463-465 D8. 820 pg. 744 SCALE IN FEET 200 0 wo 400 •DO •Oa RIO DISTRICT SECTION 61W2 1 • 3 3 V 0 10 20 40 SOALE IN FEET ROAN .i 9 3 °° 8516'08" E PIN 4, 32.02' e� � � fro Fd..o a l � Zsca o� b� 6 1 h S� + � 0 /7 AD 'V �' N A 1 hi `ti0 1' c `' Iron Fd. -' 99 � � � � S. 1 Story 6S tl Frame 'gyp. , 17 *es:, , Townhouse ' &if ,moo / /1;' API \I -P +0,k . LOT 1 e6.,, S # 520 3,349 Sq. Ft. i Ssp , \)(''<\ -9 /\ + 61 A C` h_ N T a �. �9~,, o�4.< o' Vti *\ .46?: J 6 J hc) QO tf) ,o a7 o� 41 S� cp 6) . co K 0� ° Wat€ 1- Mete M 3 / •4 1 a • dor;,-... . im....ipid Coleman, Jr. 2007 0 SURVEYING INC QCL LAND SURVEYORS JR 2193 MOUNTAIN BROOK DRI\ CHARLOTTESVIT .LE, VIRGINIA 2 c /70-7-7X2-<(2,--(/ G'C..'. .,4LH).€/_(:-: . ,,_., (4/ ) ,I 4 ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #235, 2:00 P.M. DRAFT AGENDA TUESDAY, JANUARY 4, 2000 I. Call to Order II. Establish a Quorum III. Variance Hearings A VA-99-33 Vera E. Shifflett (owner/applicant) Staff Person: Jan Sprinkle B VA-99-34 Five Tennis Drive Land Trust (owner)/Tracy Boozer(applicant) Staff Person: Jan Sprinkle IV. Appeal Hearings AP-99-05 Thomas & Elizabeth Allan (owners/appellants) Staff Person: Jan Sprinkle V. Old Business VI. New Business A Election of Officers B Adopt 2000 Meeting Schedule VII. Adjournment