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Home My WebLink AboutVA200100014 Application 2001-06-29 County of Albemar � 1 Department of Zoning ` r �y 401 McIntire Road 2l ) 1 4� Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA-2D0)-0l4 DATE: -2.9 -0 I FEE: $95. 00 pd STAFF: AI 84 VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Name U..)1MZRZNI C 12zrgEZTA tJ Mt)Se Phone 4)914 -Z SE3 Address 335 L ^1tc_ orys)S SJtLt.0 Ci3G., APPLICANT (if different from above) Name Phone ( ) Address CONTACT PERSON (if different from above) Name Phone ( ) Day Phone ( ) Address LOCATION: PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. II ..11 / � OFFICE USE ONLY �,0 , t .CA D W I�t.,c-l.-e- ga-li TAX MAP -31 , PARCEL 8C., ; TM , P ; TM , P ZONED: RA ORDINANCE SECTION: Ink267/0 Board of Zoning Appeals Date: /_/_ ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION: """""fi�g -"j -0 1 (6.(2 • VA-2001-014 (Sign #4) —Warren & Roberta Muse (owners/applicants). Located on Rt 764, approx. 0.5 mi. W of inters w/Rt 663 near Earlysville. TM 31/Parcel 8C, zoned Rural Areas. Request a variance of 3 ft to allow the existing house/garage to remain 22.8 ft from a side property line. DESCRIPTION OF REQUEST: 1111 JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce. undue hardship. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3) 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. The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. )7[Au _. / /0 / Signature Date Receipt# Date 4 • VA-Zoos DESCRIPTION OF REQUEST: This application for a zoning variance is respectfully made by the owners,Roberta A and Warren F Muse, of 335 Link Evans Lane,Earlysville VA. The purpose of the proposed variance is to correct an existing side setback encroachment. This encroachment occurred in 1979 while the property was owned by others. This property consists of a 2.0 acre residential lot fronting State Route 764(Link Evans Lane.)The parcel is triangular in shape(see attached plat)with two side lot lines and no rear lot line. The property contains a small garden shed and a residence consisting of a three separately constructed but connected structures: 1. A 26.2 by 30.3 foot main house constructed in 1975 2. A 24.3 by 19.2 foot two-car garage constructed in 1979 3. A breezeway connecting the house and garage,constructed in 1979.This breezeway effectively extents the front wall of the house to 44.1 feet and intersects the garage at a 15- degree angle. An inspection of Albemarle County records(see attached)reveals that previous owners filled for,and where granted,building permits for each of the three separate building projects.The garage,originally constructed as a separate building,was placed so that one corner was 22.8 feet from the lot line. The construction of the breezeway in 1979 effectively"attached"the garage to the house. Under current regulations,this combined structure is in violation of setback requirements. JUSTIFICATION CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. The current owners,who had no knowledge of,nor any reason to suspect,a zoning violation, purchased the property in June of 2000. There appear to be only two alternative remedies to this situation: a) Purchase of additional property from neighbors. The owner of the encroached property,Marjorie H.Weber,has declined to consider this option.This property is currently held in a family trust and cannot be easily sub-divided. b) Demolition of the garage.This option would unduly burden the owners in four ways: • They would be deprived of the use of the garage. • They would probably have to offer additional equity to two current lien-holders to offset the deminished value of the property. • Any possible resale of the property would be diminished by the fair market value of the garage. • They would have to assume the out of pocket cost of the demolition itself,repair of the common wall with the breezeway,landscaping,etc. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. The existing violation was caused by a unique set of events.It is unlikely that any other property in the zoning district shares the problem. 3) 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. • • a) The requested variance,if granted,would have no physical effect on the existing property. b) The current arrangement of structures is 20-25 years old. c) The existing garage is not visible from any structure on the encroached property and can only be seen in the winter months from one other residence in the community.This house is approximately 500 feet from the garage. d) The encroached property is part of a several hundred acre working farm. e) The subject property and all surrounding properties are heavily wooded parcels ranging from two to several hundred acres.There is little visibility from one lot to the next. • ��PR �• '��'' v� 2001- 14 o � t(' CERTIFICATi0q "\)Z PHYSICAL SURVEY. C /S SUBJECT TO THE FOLLOWING: I HEREBY CERTIFY THAT ON JUNE 8, 1994 EASEMENT D.B. 536, Pg. 68 & I SURVEYED THE PROPERTY SHOWN HEREONXJA TAX MAP 31, PARCEL 8C ;0 EASEMENT D.B. 570, Pg. 61. AND THE TITLE LINES AND BUILDINGS ARE WHITE HALL DISTRICT AS SHOWN ON THIS SURVEY. THIS PROPERTY ALBEMARLE COUNTY, VIRGINIA LIES WITHIN FLOOD ZONE "C, NOT A H.U.D. ,,cc c,� RooPft F 7 D 3i— 7 100 YEAR FLOOD PLAIN. NO TITLE REPORT —' 60 0 60 120 180 ."yet •1• fence D.S.u°' iyjar WAS FURNISHED. / ,� — +�� r—�r—r_r, 894 • /O,le ice;. G�,�,bOer 0 6; `'g• 584 JUNE 8, 1994 TAX MAP 312, PARCEL 8C 5°02'S0" E 5 4, `` �I TO,�`w PREPARED FOR: Mark S. Quigg �c Timothy D. Averill & Anne D. Dutlinger86 Charlotte Ouigg Helleberg ?,, ca D.B. 1170, Pg. 467 /S,�\/J g! • " LOT C UTILITY BLDG. rounc ''—� ° in_ `o 2.00 Acres t� a KIRK HUGHES & ASSOCIATES �- D.B. 621, Pg. 306 (plat) ONE STORY RESIDENCE LAND SURVEYORS & PLANNERS n D.B. 528, Pg. 107 (plat) 220 EAST HIGH STREET 0 'i' ; ry CHARLOTUSVILLE, VA 22902 _ ,. .ram 4 -®/ J' i -, 1kfi �" N m OG 1-1 OP Grp 61r / . h'u moo` 1 CURVE DATA Cp• .J C.V. '•KIR ' HUGHES C,` Q �, CERTIFICATE NO. c C-2 •0 — '52'30" l=19°19'57" 'V '2°a1 oa ,-uei P pole ' I d38 30.00 R=159.86 �' Iy ref6:"`y- yysv '3.90 L=53.94 4?o r, �-�— L a� � Frp, 6.45 T=27.23 O s;T 0 c fo,r± '19.63 LC=53.69 Y' A'i 1 52°41'25"' W CB=N 42°55'09"" w 6,s� • - (804)296-6942 FILE: 94-81, 94-81.01 CERTIFICATION PHYSICAL SURVEY' C IS SUBJECT To THE FOLLOWING: T EASEMENT D.B. 536, Pg. 68 & I HEREBY CERTIFY THAT ON JUNE 8, 1994 TAX MAP 31, PARCEL 8C 0 EASEMENT 0.B. 570, Pg. 61, I SURVEYED THE PROPERTY SHOWN HEREON AND THE TITLE LINES AND BUILDINGS ARE WHITE HALL DISTRICT • AS SHOWN ON THIS SURVEY. THIS PROPERTY LIES WITHIN FL000 ZONE "C", NOT A H.U.D. ALBEMARLE COUNTY, VIRGINIA o,-, 7 o 100 YEAR FLOOD PLAIN. NO TITLE REPORT �:cc a>o P rt F. 3i- 1 60 0 60 120 180 .-set fence ^ p lLlpr' _ WAS FURNISHED. {,_,N �Y s—"---x— 0.Ullei'VbbP 9a6' l'g• 584' JUNE 8, 1994 TAX MAP 312, PARCEL 8C 83°O2 SO,. E 5 4 PREPARED FOR: Mark S. Quigg & \ 2 Timothy D. Averill & Anne D. Dutlinger86 Charlotte Quigg Helleberg D.B. 1170, Pg. 467 04 (N; --" " LOT C UTILITY BLDG. J �ounc a 2.00 Acres KIRK HUGHES & ASSOCIATES .- O, D.B. 621, Pg. 306 ( lot) ONE STORY RESIDENCE LAND SURVEYORS & PLANNERS N D.B. 528, Pg. 107 (plot) O 220 EAST HIGH STREL I 0 CHARLOTTESVILLE, VA 22902 _ 6 26 CIS 0 F / \S / / ,(Ni CZ) ,N � vO ''j Q f\\,LH OF --9 6� k. h� V— G.V. "KIR HUGHES CURVE DATA p' Y �, CERTIFICATE NO. c, C-2 N 00•0O utility pole �. 1458 :Al " '52'30" 1=19°19'57" ��°.0 , / re' ped ' C--''. 1458 , 30.00 P,=159.86 14/ '3.90 L=53.94 -''?o r, v^el) L a�C' 6.45 T=27.23 705,p� 0‹ /o,,,,, '19.63 LC=53.69 Y` ' 52°41'25" W CB=N 42'55'09" W 65.J. (804)296-6942 FILE: 94-81, 94-81.01