HomeMy WebLinkAboutVA199600020 Review Comments 1997-01-07 STAFF PERSON: Jan Sprinkle
PUBLIC HEARING: January 7, 1997
STAFF REPORT VA-96-20
OWNER/APPLICANT: Kenneth and Mildred Rogers
ZONING: Residential, R2
ACREAGE: 12,619 square feet
LOCATION: West side of Dominion Drive approximately 800 feet north of
its intersection with Commonwealth Drive in the Berkeley
subdivision
REQUEST: The applicant requests relief from Section 14.3, Area and Bulk Regulations,
which requires a front yard to be 25 feet. A variance of 14 feet is requested to allow a a
carport and covered entrance to be constructed 11 feet 8 inches (±) from the front property
line.
The applicant's justification includes the following:
Hardship
The original house was built right to the setback line, not allowing for the protected access
of the car. Recent winter weather and Mr. and Mrs. Rogers advancing age require this
protected access and egress.
Uniqueness of Hardship
Many houses have garages and carports currently. Additional properties have sideyards
adequate to allow such structures.
Impact on Character of the Area
All houses are placed similarly close to the road. Numerous porches, garden structures
and landscape features are located in the required setback
RELEVANT HISTORY:
There is no history in the files of either the Departments of Zoning or Planning and
Community Development on this parcel.
STAFF COMMENT:
This property was acquired in good faith by the Rogers when the house was build in 1958.
The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance
was adopted. There are no exceptional size or shape restrictions nor topographic features
that unreasonably restrict the use of this parcel. Most of the houses in this section of
Berkeley are similarly sized and situated on their respective lots. Some have garages
where the Rogers have a wing containing additional interior space. Some houses do have
STAFF REPORT - VA-96-04
Page 2
covered porches, walkways or similar architectural features that are allowed by the Zoning
Ordinance to extend a maximum of four feet into the setback. (See Section 4.11.1.) The
Rogers could benefit from this allowance and create a partial covering for a vehicle and
a walkway for themselves. However, there is no demonstrable hardship and therefore,
granting a variance would be a special privilege and convenience for the applicants.
Clearly the Rogers have enjoyed the residential use fof the property for many years and
can still do so in the future.
STAFF RECOMMENDATION:
Staff recommends denial for cause:
1) The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Staff cannot identify any hardship allowed under the Code of Virginia for granting a
variance.
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.
As stated, most of the houses in this subdivision are built close to the front setback line
and share the yard requirement.
3) The applicant has not 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.
To allow this one dwelling to build a carport only 11-12 feet from the street would indeed
change the aesthetics and character of the area.
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108 Second Street S.W.
Charlottesville, VA 22902
804-296-3072
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Date !;)ECD4BER 2, !qq6
Revisions