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Home My WebLink AboutVA200000024 Review Comments 2000-08-01 STAFF PERSON: Amelia McCulley PUBLIC HEARING: August 1, 2000 STAFF REPORT VA-00-024 OWNER/APPLICANTS: Clevester & Mattie Logan and James & Marion McDaniel (owners) / I & J Homebuilders (applicant) TAX/MAP/PARCEL: 61 / 41 B ZONING: R2, Residential ACREAGE: 0.273 acres LOCATION: North side of Route 743 (Hydraulic Road) just North of Turtle Creek development. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 14.3 R2 Area and Bulk Regulations, in order to construct a home on this vacant lot. This variance is to decrease the front yard setback (on the West side) from 25 feet to 10 feet from an adjoining private right-of-way. The front yard setback from Hydraulic Road will be maintained. The proposed home is a 2-story modular unit consisting of 2,140 square feet. It appears to be 36 feet by 36 feet at the widest and longest measurements. RELEVANT HISTORY: A May 9th, 2000 physical survey of the subject property incorrectly showed a 10 foot side yard setback on the western property line. Prior to final plans for construction, the applicant consulted with the Planning Department as to County requirements, including building setbacks. He was not informed that a 25 foot front yard setback was required on the western property line. The applicant purchased the unit and applied for a building permit. The initial Zoning review failed to catch the required front yard setback for the western property line. Building permit #2000-836 SF was approved in part and the applicant dug his footings. During this construction, the applicant ran into conflicts with the public water and sewer line locations and the Virginia Power line. At some expense to him, the applicant has resolved these issues. During the review of these utility conflicts, Zoning staff discovered the setback problem. We worked with Planning staff and the County Attorney's office to clarify the setback requirements and to seek options other than a variance. The 1974 subdivision plat creating this lot also established a fee-simple strip for the purpose of access. This new 15 foot strip (along the western property line) serves as access to the property behind the subject property. Even though this is a limited use driveway, the Ordinance requires a front yard setback from it. VA 00-24 I&J Homebuilders 2 August 1, 2000 Board of Zoning Appeals Amelia McCulley PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property ... or where, by reason or exceptional topographic conditions or ... condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property ... provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. The applicant conducted the appropriate research prior to construction. Unfortunately, he was not properly advised by staff prior to construction nor did staff initially catch the setback conflict. This property was acquired and is being developed in good faith. This property meets the minimum size requirements; however it is exceptionally narrow. In addition, these situations further constrain development of this lot: • The property becomes narrower from front to rear and is only 60 feet wide in the rear. At the proposed house location, the lot is about 65 feet wide with a minimum requirement of 35 feet in setbacks. This only leaves 30 feet in which to build the length of the house; • a front yard setback is imposed on one of the two sides of this narrow lot ; • a public sewer line restricts development too close to the eastern side property line; • a Virginia Power line running the length of the western property line, restricts development on that side; • the existing development pattern and the fact that it fronts on a major road dictates that the house face in the direction proposed (towards Hydraulic Road). This results in the longest dimension of the house (its length) being subject to setbacks in the narrowest portion of the lot. STAFF ANALYSIS: It is staffs position that this fits the classic example of an appropriate purpose for variance to the zoning regulations. The applicant is proposing construction of a reasonably sized and shaped home. This is a by-right use of the property and will become the sole and primary use. Without constructing an unusually narrow home on this lot and/or facing the side of the home towards Hydraulic Road, it is not possible to use this lot without this variance. {Although a variance would be necessary in any event, it would have caused less hardship for the applicant and this would already have been resolved if he had been properly advised by either of the two County staff reviewing this. Once he was notified of this problem, the applicant ceased any further construction. It will now be necessary to clean out the footings before proceeding to pour them.} C:IWINDOWSITEMPIVA2000-24.doc VA 00-24 I&J Homebuilders 3 August 1, 2000 Board of Zoning Appeals Amelia McCulley 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: • If I had to construct a house according to the setback line the house would only be 19 feet long which is impractical. Staff opinion is that the exceptional narrowness of the lot and the presence of utilities, creates an undue hardship for development. This is also a situation in which the additional setback (from a 10 ft. side setback to a 25 ft. front setback) is caused by the action of others. The adjacent access right-of-way serving other property creates this additional setback. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments that the variance in necessary: • The land is narrow and two side have the 25 foot setback line. Staff finds that the hardship is unique. The shape of the lot and the presence of several utilities is not typical. 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: • By granting the variance it would not impact neighbors in the area because the variance is on the right of way. C IWINDOWSITEMPIVA2000-24.doC VA 00-24 I&J Homebuilders 4 August 1,2000 Board of Zoning Appeals Amelia McCulley Staff is of the opinion that the proposal will not negatively impact the character of the area or of the district. The variance allows the home to go closer to two driveways. Several homes in this area are also closer than the minimum required to side property lines. 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 the application satisfies all three criteria for the review of a variance, staff recommends approval. Given the setting for this home, staff does not recommend limiting conditions. 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Y 7,1A/4 KURT GLOECKNER LNG OP' ,, 'IMV1 Y.,,1, L111 , „ 01 0 20 40 80 THIS IS TO CE I SURVEYED T SCALE IN FEET PLAT AND THE THE BUILDING THIS PPOPERT RECORD MERIDIAN NOT LIE IN Ar E X H I I T S (100 YEAR FL D.B.564 Pg.107 T , M, P . 61-41C FEDERAL F 0 � /h Bernice E E . Jones � __ EFFECTI'✓E SENTED TO lam► D , B , 350 Pg , 437 __J_ 10 _ ' 0. l 2-0(--)O _�- _�'- - UTILITIE: I I _— �-_—__� 15'� _ Iron Fd. THAN TI L� l A0 R W -�— 2�3.54—' — — — AN `�< 3 THIS F COUNTY OF ALBEMARLE 13'OCl" E � — d Strip 4g drivewoY ro 15' De&cote N of ravel _ v+ ( & J Iron - edge 10, Bs I pole o p N co d• En Set_ p �1 -P ap o L p. I - utility pole PARCEL X(2) rn ) 71 o J w/pedestal 14,916 Sq. Ft. �' _ v bp Iv i Vacant Lot 1G' t Iron Fd. _ X H I T S eb ( ., • o g water lop _ 236.52' 1 \ ;_SENTED TO y meters _ — onbo\e tli (n sonit°N s 4648'3� W w IP W C Iron Set nn,,.•— • -,, v.' i T , M.P , 61-41A1 w Robert N , Meadows, Jr , h N & Samuel F F. Meadows PL r� o W , B , 94 Pg , 029 .. SALTH of G. , PHYSIC o4 r, T.M.F i o � i + K U WI a B.S.L. denotes building setback line. Robert W. Coleman, Jr. PA No. 2007 G- '6,-°O RESIDENTIAL 2 610 I- � " SUR�E� SURVEYING SERVICES ALBEMARLE 117 4TH STREET N.E. M CHARLOTTESVILLE, VIRGINIA 22902 t Revised: 16 June '00