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HomeMy WebLinkAboutVA200000030 Review Comments 2000-11-02 STAFF PERSON: John Shepherd PUBLIC HEARING: November 2, 2000 STAFF REPORT VA-2000-030 OWNER/APPLICANT: Roy M. and Jane Tolleson, Jr. owner/applicant TAX MAP/PARCEL: 060E3-00-0K-00100 ZONING: RA, Rural Areas ACREAGE: 0.75 LOCATION: 8 Farmington Drive in Farmington Subdivision TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a side yard of 25 feet. A variance of 7 feet is requested to allow construction of an addition 18 feet from the side property line. RELEVANT HISTORY: None PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This is a legal non-conforming lot of 0.75 acres that is improved with a dwelling and car port. It is staff opinion that the owners now enjoy reasonable use of their property and that approval of this request would be a convenience to the owner. However, there are additional factors the Board may wish to consider. The proposed addition is not expected to have significant impact on the adjoining property identified as Parcel 2 on Tax Map 60E3. The dwelling on that lot is set back farther from the road than the Tolleson residence. This distance minimizes the effect of this proposal on the adjoining property. This lot of 0.75 of an acre is smaller than the required 2.0 acres in the RA zoning district. Improvements on this property are generally constrained by the setbacks required in the RA district. Improvements to this particular part of the residence are further limited by the existing location of the dwelling near the side building setback line. However, it is staff opinion that alternatives may exist that would permit the additional closet space to be created either within the side setback, in the area to the rear of the residence now proposed for a covered porch, within the existing building or in some combination of these spaces. Staff acknowledges that from a design standpoint, the applicant's proposal may well be superior to these alternatives. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Variance Report, VA 2000-3v 2 November 2, 2000 Hardship The applicant comments that the variance is necessary: • The strict application of this ordinance would not allow the property owners to add storage space adjacent to a master bedroom that has limited storage. The amount of storage/closet space in this residence is not consistent with similar properties, or with comparable new construction. 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 as it exists now. A variance 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 possibilities for adding to the residence are limited because of the configuration of the property, the position of the house on the property, because it is on a corner lot and because of the location of the new septic drain field. Other properties in the vicinity have larger side yards in which to expand. Staff finds that although this lot is unique in that it is non-conforming at 0.75 acres, there is no unique hardship. All properties in the RA district and in this vicinity must abide by the 25-foot side 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. Impact on Character of the Area The applicant offers: • The proposed addition encroaches only 5'-6" into the side yard setback. The total area of encroachment is 61 sq. ft. The addition has been designed to complement the style of the house and to look like it has always been there. The materials will match the existing building and the roof ridge will be well below that of the main part of the house. The house on the neighboring property is set much farther back from the road and the proposed addition will not be directly adjacent to that house. Staff agrees with the applicant's analysis. 1.IDEPT1Building&Zoning\Staff ReportslVA2000-30 Tolleson.doc Variance Report, VA 2000-3u 3 November 2, 2000 • 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 recommend approval. Should the Board find cause to approve this request, staff recommends the following condition: This variance is for the construction of the addition 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. I.IDEPTIBuilding&Zoning\Staff Reports\VA2000-30 Tolleson.doc ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 2:00 P.M. DRAFT AGENDA THURSDAY, NOVEMBER 2, 2000 I. Call to Order II. Establish a Quorum III. Deferred Appeal Hearing ■ AP-1999-003 Pantops L.C. (ower), T/A Pegasus Motorcar Company (appellant) Staff Person: Amelia McCulley IV. Variance Hearings A. VA-2000-029 Robert & Molly Hardie (owners)/DEG&P, Architects, (applicants) Staff Person: Jan Sprinkle B. VA-2000-030 Roy & Jane Tolleson, Jr (owners/applicants) Staff Person: John Shepherd C. VA-2000-031 Chapman Grove Baptist Church (owner/applicant) Staff Person: Amelia McCulley V. Old Business VI. New Business ■ Approval of Minutes VII. Adjournment •, b4 I , f‘ /Gh kt4N gi y- AJo STAFF PERSON: John Shepherd PUBLIC HEARING: November 2, 2000 STAFF REPORT VA-2000-030 OWNER/APPLICANT: Roy M. and Jane Tolleson, Jr. owner/applicant TAX MAP/PARCEL: 60E3-00-0K-00100 ZONING: A, Rural Areas ACREAGE: 0.75 LOCATION: 111111111111.1rDrive in Farmington Subdivision TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a side yard of 25 feet. A I variance of 7 feet is requested to allow construction of an addition 18 feet from the side property line. RELEVANT HISTORY: None PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This is a legal non-conforming lot of 0.75 acres that is improved with a dwelling and car port. It is staff opinion that the owners now enjoy reasonable use of their property and that approval of this request would be a convenience to the owner. However, there are additional factors the Board may wish to consider. The proposed addition is not expected to have significant impact on the adjoining property identified as Parcel 2 on Tax Map 60E3. The dwelling on that lot is set back farther from the road than the Tolleson residence. This distance minimizes the effect of this proposal on the adjoining property. This lot of 0.75 of an acre is smaller than the required 2.0 acres in the RA zoning district. Improvements on this property are generally constrained by the setbacks required in the RA district. Improvements to this particular part of the residence are further limited by the existing location of the dwelling near the side building setback line. However, it is staff opinion that alternatives may exist that would permit the additional closet space to be created either within the side setback, in the area to the rear of the residence now proposed for a covered porch, within the existing building or in some combination of these spaces. Staff acknowledges that from a design standpoint, the applicant's proposal may well be superior to these alternatives. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: • Variance Report, VA 2000-30 2 November 2, 2000 Hardship The applicant comments that the variance is necessary: • The strict application of this ordinance would not allow the pro ners to add storage space adjacent to a master bedroom that has limited stora . The amount of storage/closet space in this residence is lot consistent with similar properties, or with comparableelIlltstruction. 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 as it exists now. A variance 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 not • The possibililes for adding to the residence are limited because of the configures of the proper, the position of the house on the property, because it is on a corner lot and because of the location of the afiginifiallinlield. Other properties in the vicinity have larger side yards in which to expand. Staff finds that although this lot is unique in that it is non-conforming at 0.75 acres, there is no unique hardship. All properties in the RA district and in this vicinity must abide by the 25-foot side 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. Impact on Character of the Area The applicant offers: • The proposed addition encroaches only 5'-6" into the side yard setback. The total area of encroachment is 61 sq. ft. The addition has been designed to complement the style of the house and to look like it has always been there. The materials will match the existing building and the roof ridge will be well below that of the main part of the house. The house on the neighboring property is set much farther back from the road and the proposed addition will not be directly adjacent to that house. Staff agrees with the applicant's analysis. I:IDEPTIBuilding&Zoning\Staff Reports\VA2000-30 Tolleson.doc Variance Report, VA 2000-30 3 November 2, 2000 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 recommend approval. Should the Board find cause to approve this request, staff recommends the following condition: This variance is for the construction of the addition 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. I:IDEPTIBwlding&Zoning\Staff Reports\VA2000-30 Tolleson.doc roLLE-7 SON RIES /DEN G5 /Dr;ve— {fQryll¢, VA ��90 E3- K / L / 4 LEGEND: NEW CONSTRUCTION III PL II / / / ��� /WD TERIIIIRROA PER — -H REMODELED CONSTRUCTION EDGE ` TERCE AVING��� EXISTING CONSTRUCTION �I3 _ SWIMMI<�G PQQL /� 1 36'-0' X 18 -0' A POOL TER ACE 4c GARDEN` 11 v A EQUIP. --- �� SHED A v PAVED vv �11 ZI i w TERRACE / N OIJEUNE OF STEPS MAGNOLIANDIFLORA O_ FTO BE RHMovEo.� EMA G] N ------------- o �� FZ OUTLINE OF / ,EXISTING CARPOR I _ — 1 r HOUSE DRES$ l 0 MUD R.. �'_ GARAGE ROOM 12. P � - v'r "PLANTING BED 11 o / PARKING — - // � COURT _ _ _ __ _ iLIN OF EXISTING EDGE OF PAVING NEW PAVED WALK _ NEW SEPTIC DRAIN FIELD LINE SHOWN_ _ _ _ 1 NEW SEPTIC DRAIN FIELD LINE SHOWN —�yEW.SEPTTE—DRAIN FIELD LINE SHOWN _ — — — — — — — --- — — — — — — — —— j_--- �\—PROPE RTM C. — JJJ _ NEW SEPTIC DRAIN FIELD LINE SHOWN — — 6'43" p�-1o�0�� i �51T�GAN N 39°22 4PROPERTIEIN A�EMAR cqIJN7)- 24 / 9 26 /6 /4 2C - VEPCO P/W' J / 2 • 5 � \ O \ 4 > 15 6 5 �<�j O, 2 / I O B ` 3 13— s / K O K /I 1p 14 � � Qi� lO SEE SEE ' 60E2-K5 60E2-K7 _ SEE 60E2-KII f/ 2VA 00,w30 H 3 LD 34m} m//�) O Z 'IE-IIE�II 1 �/ 6 I 2A 1 ms \� 6 2 I 6/ +! l 2 O I � \j\\ N 1OA 11 4 5 6 T B 1 � 4 4 1 14 12/ II IO B 8 O3 w \ E — _��� 10 n —� ' ❑—�� / �� _ O 3 6 P 4 5 p / _ � 5 VAOO,,294 E O 2 \ E 4 68 O I' ONIG p 25 - �- II 12 16 le © 24 p p 23 \O IT B \ O 2 22 to \ If"� i""sFMEO TO 21 11 1q � \�// IB zG a 12 B ® EXHIBITS 3 0 /) 141 6 � PRESENr6O TO IB- ? COON—ALBENA,L, �AEE N FEET — SCALE IN SAMUEL MILLER DISTRICT LEGEND: �; SECTION, 60E(1) SAMUEL'MILLER f'.DISTRIC -yF�I TEE BOXES a GREENS ARE SHOWN FGN FARMINGTON INSERT TEE BOXES a GREENS ARE SHOWN FOR FORMINC;T(1N IN^FRT �_Y. I SECTION 60E(2'