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Home My WebLink AboutVA200000028 Review Comments 2000-10-03 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: October 3, 2000 STAFF REPORT VA-2000-028 OWNER/APPLICANT: Louise K. Greer, owner/applicant TAX MAP/PARCEL: 059A0-01-0C-01500 ZONING: RA, Rural Areas ACREAGE: 1.61 LOCATION: 775 Tanglewood Road in Flordon Subdivision TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a rear yard of 35 feet. A variance of 24 feet is requested to allow an existing porch to be expanded and turned into a sunroom 11 feet from the property line. RELEVANT HISTORY: This portion of Flordon, Block C, was first recorded in 1967. When zoning was adopted in 1969, it was zoned R-1. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This is a legal nonconforming lot and structure. As such, the structure may continue to be used "as is" subject to Section 6.3 of the zoning ordinance. Under these regulations, the porch cannot be removed and replaced with a sunroom even of the exact same size unless a variance is approved. An addition to the porch could be made provided that it would be no closer to the rear property line than it currently is. However, the applicant desires to replace the porch structure of 252 square feet with a sunroom of 352 square feet by rebuilding the rear wall 4 feet closer to the property line. This requires approval of a variance. This lot at 1.6 acres is smaller than the required 2 acres in the RA zoning district. The lot is definitely compromised by the topographic features. There is a rather wide and deep drainage swale running almost parallel to Tanglewood Road through this lot almost halfway into the lot. Mrs. Greer explained it this way in the application: "Beyond this `Valley"there is a rise in the topography requiring that the house be built even further back on the lot. (Two sets of front steps, totaling 19, had to be built into the bank that backs up to the front door of the house.)" The house is two stories with the garage on the lower level and the porch on the upper level each having at-grade entrances. In the rear only about 6 feet from the rear porch, there is another small slope that is totally landscaped and rises about 6 feet to the property line. Although the Peatross house could clearly see the Greer house without the vegetation, the existing landscaping and topographic difference screen one from another quite well. When looking for an alternative position to construct a sunroom that would not require a variance, staff could find that only the south side of the house looked like a possibility. However, it is very likely that the septic drainfield and potential reserve areas are Variance Report, VA 2000-28 2 October 3, 2000 located in that area making it either very expensive or impossible to use. Although there are topographic reasons why the house was built where it is, there is no reason to extend the nonconformity closer to the property line. To grant the variance to replace the porch with a sunroom of exactly the same depth (a variance of 20 feet) would be supported by staff since it would only allow the reasonable use of a nonconforming structure to continue in a different form. 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: • They bought the house including the porch in 1987. Sue Grove built the house and porch in 1983. Apparently the original setback was less and was later [1980] changed to 35 feet. If they had to remove this nonconforming structure it would produce a real hardship. Although sympathetic, staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. The property has reasonable use with the house and porch that exist now. A variance that extends the nonconforming structure would.be a special privilege for the owner. 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 topography of the lot forced the builder to build the house towards the rear of the property. The neighbors generally do not share the same topographic hardship on their properties. Staff finds that although this lot is unique with its topographic features, since staff finds no hardship, there is no unique hardship. All properties in the RA district and this vicinity must abide by the 35-foot rear yard. 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. I.IDEP71Building&ZoninglStaff Reports\VA2000-28.doc Variance Report, VA 2000-28 3 October 3, 2000 Impact on Character of the Area The applicant offers: • They discussed their proposal with the only neighbors whose property backs up to the rear of the lot. The neighbors have no objection to replacing the porch with a slightly larger sunroom. [Staff notes: a letter of support from Judge Paul and Judy Peatross was received and put in the BZA packets.] • The proposed sunroom will be mostly blocked from the Peatross' view by a bank behind it with a row of tall pine trees. • The sunroom will be completely hidden behind the house and will not be visible from the road. Staff agrees that the change from porch to slightly larger sunroom will not change the character of the district. It is not visible from the public street and only marginally visible from the adjacent owner who has supported the request. 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 for approval has been met, staff cannot approval. However, staff could support granting a variance to allow the porch to be removed and replaced with a sunroom the same distance from the rear property line. (Keep in mind that Section 6.0, nonconformities will permit expansion, but not a replacement, within the setback, provided that the addition will be no closer to the rear property line than the existing nonconforming structure. This will allow the sunroom to be enlarged, just not towards the rear.) Should the Board agree with staff and wish to grant a variance to replace the porch at 15 feet from the property line (a variance of 20 feet) staff recommends the following condition: This variance is for 20 feet and will allow the replacement of the rear porch with a sunroom at exactly the same distance it currently is from the rear property line. Any future additions or replacements will be subject to the setback and yard regulations at the time of application. Should the Board find cause to approve the request for a 24-foot variance as requested, staff recommends the following condition: This variance is for the replacement of a rear porch with a sunroom as described in this file only. Any future additions or replacements will be subject to the setback and yard regulations at the time of application. 1:IDEPT1Burlding&ZoninglStaff ReportslVA2000-28 doc 5: .. ,�:may y't �y T`` - .....s _ _ . , , } . , _ _ , , .. , .. • IS.., i � 1 k f{-. it s4 + x,'"-' �t•�,t;e * � , ter,. , it T , .^ l ✓'-f'.f r."�a. y*. ^. ,a'' ., +T��. 6 — Photos by S Rhodes FLORDON ELEGANCE 775 Tanglewood Road Exclusive Agent: Mike Thompson 973-8333 973-5038 $314,500 • Beautifully landscaped, 1.6 acre wooded lot r • 3,800 finished square feet ,i , • Large screened-in porch ; �. I I • Spacious 21/2 car garage s A • Quality built executive home like new .11 throughout tk I 11j4i1114 ---- • Finished basement with brick hearth _� and cedar closet ki 1 I Real Estate III riff ' Main (first) floor features kitchen, breakfast nook, �� family room with fireplace, dining room, living 1 ' �`w" room, half-bath & utility room. I i. '' t, ,-1,',. .. 114 Large beautiful kitchen with custom built solid walnut cabinets and hardwood floors, grow lights "�' and corner desk. s I ${ `£ 1 . . ,,� �44hilt,4*.4 L+."'":a4aaa�.�N�t�Wca44 .. ill lit li, u 11UII*iI i i ifitiliAll ` .. Second floor features four bedrooms including large \''''''''llst ` -- 4 i \ ' master bedroom, large master bath with sunken tub, smoked mirrors & other custom features, sewing f .- v � room, study and large children's bath. Route 29 North 500 Faulconer Drive P vi Box 8186P vi Box 8186 6 IIICharlottesville, Virginia 2290 Real [ stiLw Charlottesville Virginia 22906 (804) 973-8333 (804) 979-0174 7- -UP- 0 V t ) _ Gk. D� � H0N s c �d' r - - - PrbP-os - Exisf1hg porn /axa% EXHIBITS QQ '_ PRESENTED TO 1J ` . /I ` do f� 31 b0 / \ COUNTY OF ALBEMARLE II • • THIS IS TO CERTIFY THAT ON OECEM,BEiK' ZO/ /`983 , I SUrtvcYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE SHOWN HEREON. a) /(64, .,9/4Th'UR EO/eV,-9A'.OIS C.6,LS. lSE/ V/CE UT/G/ 7�/E'S --9RE U.v0ER R GOU//O. CERT/F/Cr9TE %/7O Pi?OP_ R TY /LS A/O 7' /A/ THE h'UO OE/="//v.EO /00 Y�.9 A A COO Z-0/c/E. •lifiNLTa O4 o lyr,. c ARTHUR F. SWARDS4 .. v No.• > . ,117 0 . %��/f1/ tANDO X lITS 'RESENTED TO 6'74 0✓) 1 f y,A0 \\\ / ,Cc� �o� At;o-r COU TY F O. ALBEMARLE joipp / ••. ,- ,6i4iCrt- w1c� . qrs /case . STORY .it, Sig ,B/P/OK 'FRAME. ,pw. -cG/A/c NOo - ` /,G/p ACRES v �.. \ . - 775 721N \ \•\ O z ., GGEO RG7. .O .O i Gp� R1 \ 'E •-,sy,7- ti CUT/S ._L.._ L____ •-• —�____ LL.. 1 i N, 1J i , A= /7 E. LC) I ; ',Yew is ,4: _,z7o/ ' , , ° .c7. 6o" IRd' 7;9NGOO Ro,•g` O 5-0 ,A, 8ss' - ra .8/400.4.-,G E Y ,'?O • /C'h/Y`S/C/7 G lSU/?YAE Y lsh'O I-v/'V G GOT AS" p,BGO0/'C "C .. fc. O/� D 0/V • �,9G E'.' / '=t�i0 AG$EM,9/ ' coe/A/TY/ I//A,G/N/i9 OC. ZO, A.983 B. AUBREY HUFFMAN & ASSOCIATES, LTD. CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING CHARLOTTESVILLE, VIRGINIA f?0'5'E,<41/NA/i,5-• P,s -4 -c- - P .�9 ' c . w M • «r.- L on_ 8/31/mo , - � _1YL -q s u1-t2� — "tile l_'1 N e-m t"' G o r r - p + --_ Q�� +o-- e- f-e_ - �o 47 pLe- 5 -T11s _�� T- r-e 04-- 0-0 r nor -_ r'f or_o 1-5-- 7/ . — I ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 2:00 P.M. DRAFT AGENDA TUESDAY, OCTOBER 3, 2000 I. Call to Order II. Establish a Quorum III. Variance Hearings A. VA-2000-027 William G. Thomas, III (owner)/Robert & Debbie Blosser, IV (applicants) Staff Person: John Shepherd B. VA-2000-027 Kenneth & Louise Greer (owners/applicants) Staff Person: Jan Sprinkle IV. Old Business V. New Business • Approval of Minutes — VI. Adjournment ALBEMARLE COUNTY E: ?,^.GSENTI c mw ORDON 's by Block Block A—C rs by Section Section 2. D.B. 605-470 SCALE IN FEET - 200 0 200 4Qp 600 .800 SAMUEL MILLER DISTRICT SECTION 59A