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Home My WebLink AboutVA199900034 Review Comments 2000-01-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 4, 2000 STAFF REPORT VA-99-34 OWNER/APPLICANT: Five Tennis Drive Land Trust, owner, and Tracy Boozer, applicant (and beneficiary of trust). TAX MAP/PARCEL: 056A2-02-0A-00400 ZONING: R2, Residential ACREAGE: 0.52 LOCATION: North side of Hill Top Street approximately 150 feet east of its intersection with High Street in Crozet TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 14.3, Area and Bulk Regulations, which requires a side yard setback of 10 feet. A variance of 4 feet is requested to allow an addition over the existing garage that is located 6 feet from the side property line. The addition would be at the same level as the main living area of the existing dwelling. It would be used to expand the kitchen and add a family room. RELEVANT HISTORY: None. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This lot was platted and the house built in the 1940's, long before our zoning ordinance was adopted. The applicant acquired the property in 1992. The lots on Hill Top Street are uniformly rectangular at 100 feet wide and over 220 feet deep. There is no exceptional narrowness, shallowness, size, shape or topographic conditions that contribute the need for a variance. The only factor is the development of the property itself and the fact that the garage is only 6 feet from the side property line. Although staff has not been contacted directly, Ms. Boozer has stated that the adjacent property owner does not object to the second story addition. STAFF COMMENT: The garage enters at ground level, both front and back, and accesses the house through the basement. The addition is proposed directly on top of the garage and will not extend any farther into the setback than the existing structure. The garage currently has a flat roof that is used as a patio. It is outlined by a decorative brick parapet wall that also extends onto the top of the retaining wall adjoining the driveway to the garage. Due to the drainage design of the structure, there has been significant water damage to all the headers and lintels above the various doors and windows in the garage. Although part of a man-made improvement, this may be considered an extraordinary situation or condition of the property. Section 6.2, Repairs and Maintenance, of the ordinance would allow a sloped roof (that would solve the drainage problem) to be added over the entire garage but it would not allow a second floor expansion of the portion of the house in the setback. Adding only a Variance Report, VA 99-34 2 January 4, 2000 sloped roof would result in a very odd arrangement since the new roof would be at the ground level of the house and would probably block at least one door—requiring some remodeling of the dwelling. Similarly, adding a second floor only to the setback would require the four feet in the setback to have a roof at the lower level. Either of these solutions would produce a very odd house, architecturally and aesthetically. However, there is probably some other method of repairing the damage and preventing it from recurring that a building contractor could recommend. Staff opinion is that there is some restriction on the use of the property, but not an "unreasonable restriction" as stated in the Code of Virginia. 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 the existing garage has serious water problems due to its design; • A roof over this area will solve these problems. As stated, staff opinion is that some restriction does exist, but not to the extent of granting a variance. 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 problem is unique to this house and this lot; • It does not effect anyone else on the street. The problem of drainage and setback is unique to this property but staff does not see it as a hardship under the Code. Therefore, it cannot be a unique hardship. 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: • Building the room will have no impact on the neighbors or neighborhood. I:IDEPT\Building&ZoninglStaff Reports\VA 99-34.doc Variance Report, VA 99-34 3 January 4, 2000 Since the garage structure is already there, staff agrees that the addition of the second story within the setback will not change the character of the district. 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 only one of the three criteria has been met, staff cannot recommend approval. However, should the Board find cause to approve, staff recommends the following condition: The variance is for the addition proposed in Building Permit application 99- 1986AR. All other additions and structures must comply with the appropriate ordinance setbacks. l IDEPT\Building&Zoning\Staff Reports\VA 99-34.doc ALBEMARLE COUNTY 57 55A\• =� / 55 67 �0 67A ' 54 5 g \ ss � o` \65\ y��P\ a \5 2 h 6 51 63 \ ^\ 3 50A . 50\, 62 738 �;7 , <�\, .. 73 48 a�. 47 , + P . 39C . 4139, ✓�9 38C� •' 42 p6 roe , ' 41 36 35 44 c). 32 \ �' 31 p ' 5,, 30 \ 28 29 5c` �4�' — � c 25 s 26A s 14 27 s� m• 13 12 ^+` 2; 24 716 23 21 j .8 \b , ,4 15 \17 7 6 7 i 4 70 ' :� � 9 \ 16 14 ,< itA 12 111 15 `3 10 A \` 4 / 4 �� 1" 6 / 10 ,,`a�w2 4 P 10 .3 I / 9 / 6 5.,` 56-43 7 J — t 72 A (D SMALL ACREAGE I THRU.72 BARNES OSW O D.B. 275, Pg. 310 3OWAYLAND PARK - CROZET DEV. CO. D. B. 317 Pg. 215 SCALE IN FEBT 200 _ 0 200400 ' Goo goo 1 WHITE H " b TRICT t sue''. • � a c, , • $i - r - '1114 . • .e. . 4 • i # - .4 ,• 111111.1:11‘ 1110.„, i , • '$ de ... 4 , Y. . 4' ( k ill " . N • .4 ' \ • .......... illy), , _. , • ,„ - .- -IIER. t . , ' li . 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'....I.Mm• fie INIII.M.00 OW, i •••Ime...... ...,e— ............ •••1 ,1. m .111.11....... ro,' *0.1, • 7 r. • i'L • • • - i 1 1 ti 01•,1•i•10111§0 f/•I//�1N1�f /, !7Y.it �!'l/`1( • • 1 • UM& t— • ij ' - ./1' -"I'-`...,41. N.- & "Ira, i i - \ \�'`A`-- .+�� . .� • 1r1. Y Ill . 40 ff j ' \ 4 , , .,, .. .. . . .) • 'r i } ••' I. 11 f-- r •-•;,;., ill . I. . 4. . . , ,. 0 ' ,#! r - • lit • - tii. P. `1.' _ t ? " aP - '`'I r ''`�r .,,' „} .� a . � rL, a��u;,� - ,�'- _ -I' 61I1i . ; E • - se: ., -s . ,• • r • F ..,r. • y 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