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Home My WebLink AboutVA200100001 Review Comments 2001-05-01 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: May 1, 2001 STAFF REPORT VA-2001-01 OWNER/APPLICANT: Ann and Leo Mallek TAX MAP/PARCEL: 01900/00-00-025A0 ZONING: RA, Rural Areas ACREAGE: 21.00 LOCATION: 4826 Advance Mills Road is located on a right-of-way off the west side of Rt. 743 approximately 1.5 miles north of its intersection with Rt. 663 at Earlysville TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations of the RA district, which requires a 25-foot front yard setback from an access easement. A variance of 12 feet is requested to allow a new farm structure to be constructed immediately adjacent to an existing barn and 13 feet from the access easement. The new structure will be used for tractor and farm equipment storage and repair. RELEVANT HISTORY: VA 84-09 was granted for the existing barn. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This 21-acre parcel was acquired in good faith by the Malleks in 1983 as a family division from Ms. Mallek's parents, John and Jacqueline Huckle who still own the adjacent parcel 25. The whole 190± acres have been in the family since the late 1950's. At 21 acres, this is a large, rectangular shaped parcel. There are some topographic features that contribute to the location of the proposed barn and this addition, but the main issues are more closely related to the agricultural use of the property. The location of the existing barn was selected, at least in part, so that both the Malleks and the Huckles could share one area for the care and feeding of their cattle. The following is a quote from a letter Ms. Mallek wrote in support of the 1984 variance: "The prior use [cattle catch pen]accustomed us to gathering the cattle in the middle of this oddly shaped piece of land and seemed to be the only sensible location from a use point of view, in which to invest in improvements. Cattle from the front 60 acres or the rear 130 acres can be collected, fed and caught in this central section. My father has already built a large barn just beyond ours. In this family operation we have used the area between the two barns to construct a paddock and crowding pen." In the same letter, Ms. Mallek explained that the area of her parcel along the road (which is the eastern-most property line) from the house to the existing barn is the most level area for structures. The area to the west of the road and behind the house, garage and barn, slopes down to a pond at the western most property line of the parcel. Some areas slope gently and others are quite steep. Building the new farm building Variance Report, VA 2001-01 2 May 1, 2001 along the road, adjacent to the existing barn will be a logical addition to the farm building complex and the location that will require the least land disturbance, i.e., no new road construction for getting building materials to the site. However, the structure could be located beyond the setback line and still be adjacent to the barn, but that would require removal of a large shade tree that aids in cooling the barn during hot weather. Unfortunately, the applicant's convenience and the best environmental planning do not figure into the variance criteria. There are other spots on the parcel where the farm structure could be built. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follow: Hardship The applicant comments that the variance is necessary because: • This location does not require building of roadway or cutting of mature hardwoods; and, • The remainder of the land slopes steeply to the lake which drains into Chris Greene Lake. We work hard to protect the water quality. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. There are some steep slopes and drainage swales which confine building areas, but there is sufficient area outside the setback in which to build the structure. Granting the variance would be a convenience for the applicants. 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 building is far from any highway. • The addition is on an interior side of the existing barn. • Mature trees and steep slopes create a unique site. Staff finds that this situation with the family division and farm is unusual. The two properties sharing one set of farm structures is rather unique. However, staff finds no hardship on which to base a variance so there is no hardship to be unique. 1:IDEPT'Building&ZoninglStaff Reports\VA-2001-01 doc Variance Report, VA 2001-01 3 May 1, 2001 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 land across the right-of-way is owned by my parents. Both properties were placed under conservation easement together two years ago. This building will support the agricultural use. Staff agrees that the allowing the new structure 14 feet from the easement will not change the character of the district. Further, the only property effected by the variance will be the Huckles and they support 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 has been met, staff cannot recommend approval. However, should the Board of Zoning Appeals find cause to approve, staff recommends the following condition: The variance is for the structure described in BP 2001-363FB. No future structure or addition may be added without amendment of this variance unless it meets the 25-foot front yard setback. 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Box 207 S)I)01 ) Earlysville VA 22936 May 1, 2001 S1ay(1) Albemarle County Board of Zoning Appeals 401 McIntire Road COUNTY OF ALBEMARLE Charlottesville, VA 22902 Dear Members of the BZA: Since 1984 my husband, Leo, our daughters, and I have lived on our Earlysville farm, raising Hereford calves for the weanling market and raising vegetables in a combination home and commercial garden. While we both work off the property, we consider this to be a working farm, and Leo has the expertise and the interest to do the equipment maintenance work on site to reduce costs. Construction of the shop will help us keep farming. The height and length of the tractor will not fit in our current garage. Leo has been working outside on the driveway in all weathers. Often a piece of machinery will be out for long periods of time if needs a major overhaul. In order to be ecologically sound, to do maintenance of potentially hazardous liquids such as anti-freeze and motor oils, one needs to work on a concrete floor on which the spills and drips can be safely contained and cleaned up. Two years ago my parents and my husband and I donated the conservation easements on our combined properties to the Virginia Outdoors Foundation. We intend for the land to remain in agriculture, and we take our stewardship responsibilities very seriously. Our chosen site is over 2000 feet from the highway, 165 feet from our southwest boundary and across the right of way from my parents' land. None of the abuttors have mentioned to us any problems with the location of the shop or the activity on the site. We have notified the easement holder of this application. This site has the greatest proximity to running water, electricity, telephone and driveway access with minimal disturbance to mature trees. Dominion Power is reluctant to run electric service to other parts of the farm due to the low return for them and has estimated the cost of running new electric service to the closest, acceptable, flat, and conforming site, which would have to be on my parents' property, at over$3000. This cost would cause the project to be financially unfeasible for a shop which would cost $7000. Our farm site has unique features which make it distinct from the zone at large. On the map included with the application I indicated that the existing barn is at the junction of two trapezoidal parcels, ours and my parents. The overlap of the two parcels is about 165 feet. The existing barn was built over the site of a ruined catch pen, which had been used for years by renters to gather and move their cattle before we purchased our 21 acre family division. Leo and I have been renting the balance of the land (166 acres) from my parents for the last 18 years, and we fully intend to continue this use. The original family partition with a 30 foot right of way designed by our platmaker was not intended to restrict use of or access to the property. If we had anticipated this dilemma twenty years ago, we could have drawn a narrower right of way or moved it to the north. For the four to seven feet of needed setback, no change in use or access will be created. The strip of land across the right of way can never be built upon. It is ideal for a nursery pasture. It is too small and too steep for anything else. After it joins Jacob's Run, the stream at the bottom of the nursery pasture drains directly into Chris Greene Lake. Since the land is in conservation thus there will be no public access up this right of way. We are not saving some other site for a house or other use. In our view there is no other reasonable site for this small shop. One of the significant difficulties of the farm is its highly erodible soil and steep slopes. Constructed around 1959, our lake used to be eight acres in area, and it has been reduced to approximately five acres due to sedimentation. 15 years ago, during major repairs to the water control valve at the dam, soil was removed from over an acre at the inlet end to recreate a siltation basin to protect the remaining water. In the few years since then, the entire siltation basin has been filled from 6 feet deep to 4-6 inches deep. This is due to land uses in the stream's huge catchment area beyond our property line. Mr. Norris, formerly of the water resources staff, referred to our lake as the siltation basin for Chris Greene Lake. We will not put construction onto the slopes of our lake which will add to the problems brought to us from up stream. We hope you will grant us the variance to construct our shop in the chosen location. Visually it will be in line with the present barn, and thus be unobtrusive from the east. It will be invisible from the west because of the existing barn. The shop will not impinge further into the current setback of the existing barn. It will help us to use our land in an efficient and environmentally sound way and not affect the rights or quality of life of anyone else. Thank you. Sincerely, aw,,i)1AAJ-(0_Av Ann H. 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