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Home My WebLink AboutVA200100023 Review Comments 2001-12-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: December 4, 2001 STAFF REPORT VA-01-023 OWNER/APPLICANT: Dan Mauro TAX/MAP/PARCEL: 71/47 ZONING: RA, Rural Areas ACREAGE: 2.294 LOCATION: South side of Rt. 688 at 6265 Midway Road, approximately 150 feet east of the intersection with Rt. 824 TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 75-foot front yard for all structures in the RA district. The request is to reduce the front setback from 75 feet to 60 feet to allow a nonconforming structure to be removed and replaced, a variance of 15 feet. There is an old, dilapidated house on this property, located 31 feet from the prescriptive easement for Rt. 688. Mr. Mauro would like to remove that structure and replace it with a new storage structure. The location for the replacement accessory structure will be about 45 feet west of the existing structure and back 60 feet from Rt. 688. RELEVANT HISTORY: There are no files in Planning or Zoning on this property. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: In 1997, Mr. Mauro purchased this property with an unoccupied, dilapidated structure that had previously been a dwelling unit. He has since built a new house and currently lives on the property. In order to insure that only one development right would be utilized on this 2+- acre parcel, Mr. Mauro signed an affidavit stating that the previous dwelling would not be restored to use as a dwelling—it would be used for storage. Any new structures, likewise, must be dedicated to non-dwelling uses. This dilapidated structure is considered nonconforming since it was constructed approximately 50 years ago, prior to zoning and setbacks. Reconstruction of a nonconforming structure is permitted only if there was damage done which was out of the control of the owner, such as a fire. If the owner chooses replacement where there was no specific damage (or neglect is the cause), the new structure must conform to the ordinance. Therefore, Mr. Mauro's new accessory structure must meet the front setback or have this variance granted. The lot has no exceptional size or shape restrictions and no topographic features that unreasonably restrict the use of this parcel. Although Mr. Mauro states that the swale on his property holds water, we found no evidence of that. Due to the current drought conditions, there was no way to assess the drainage of the area except to say that there are no aquatic plants in or near the swale. The swale is very gentle but does seem to have an erosive-looking "drop-off' at the western edge of the parcel, right at the fence line and in the mid-point of the swale. Staff Report VA-01-023 Page 2 December 4, 2001 There are several other locations on the property where staff finds that a 1200 square foot structure could be added—anywhere along the swale on the house side and therefore behind the 75-foot setback. Also, between the parking area and the house, or behind the house there appears to be ample room. Since an accessory structure can be 6 feet from a property line, there is adequate space to locate a structure in at least a half-dozen places that would not require a variance. Mr. Mauro's preference is just that: a convenience to the applicant. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: Hardship The applicant comments that the variance is necessary because: • The topography has a swale in the middle portion of the property running parallel to and approximately 75 feet back from the road; and, • The swale collects all the water from the land and is not suitable for building. The swale may indeed be considered a hardship, however, there are several places on this property where an accessory structure can be built while meeting the ordinance regulations. With the existing house, there is reasonable use of the property and there is adequate area behind the front setback to locate the desired structure. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • This topography is unique to the middle of his property; • The swale collects all the water from the surrounding land; and, • To build 75 feet from the road would place the structure in an unacceptably wet foundation environment. Although the swale may be unique to this property, all RA zoned properties share the 75-foot setback for all structures from thoroughfare public roads. 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 existing building is old and the exterior material is stucco; • It may be considered unsightly and out of place with the new house; and • A new lower profile building, could enhance the look of the neighborhood. Staff agrees that the proposed structure in the proposed location will not change the character of the district. It will be farther back from the road than the existing structure C:IMy DocumentslCurrent Review\Variance Reports\VA-01-023.doc Staff Report VA-01-023 Page 3 December 4, 2001 and could enhance the character of the district if constructed as proposed. However, the same structure could enhance the district from another location without a variance. 2. 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 have been met, staff recommends denial. However, should the Board find cause to approve the request, staff recommends the following condition: 1. This variance is for the 30-foot by 36-foot, 1 '/2 story structure proposed in this file. Any future structures shall meet all setbacks. C:IMy DocumentslCurrent Review\Variance Reports\VA-01-023 doc John H. & Theresa G. Burton Z°b I - 6235 Midway Road Charlottesville, Virginia 22901 (434) 823-5791 �P � a - ; . T November 29, 2001 PRESENTED TO _ 6 2A- County of Albemarle J p _R_o �°7�s�.. -- Department of Building Code and Zoning Services -.. 401 McIntire Road, Room 227 CQu cF 'r i;�a y �3 f- o.Y4 E"69..5�.' Charlottesville, Virginia 22903 5(---T Dear Members of the Albemarle County Board of Zoning Appeals: We would like to take this opportunity to respond to the notification letter we received regarding Mr. Dan Mauro's application (VA-2001-023) for relief from Section 10.4 of the Albemarle County Zoning Ordinance requiring a 75 foot setback. We live adjacent to Mr. Mauro on lots 46A1 & 2. We understand there will be a hearing on December 4. We are not sure we will be able to attend as we are working. With regards to Mr. Mauro's request to demolish the unoccupied, dilapidated 50 year old structure located 31 feet from the easement on Rt. 688, we support his request to demolish it. It would certainly enhance his property as well as the street and community. We understand that Mr. Mauro hopes to build a replacement structure in the vicinity of the old structure (45' west) but has concerns regarding a swale that he has observed running across his property. In order to avoid the swale he would like to build this structure approximately 60 feet from Rt. 688, and that this is why he has requested the variance. We have lived next door to this property for over 25 years and have never been aware of any situation involving collection of water, etc. on this lot. Even if it were the case, there are methods to address this concern when building. We believe that there are numerous other sites on his 2+ acre lot where he can build his new structure and thus the Board should not consider this a hardship and should not allow the variance request. In closing, with regards to Mr. Mauro's request for a variance of the ordinance to allow a replacement structure to be built 60 feet from Rt. 688, we believe that this request should be denied. We hope the Zoning Board will remain committed to the Albemarle County Ordinance requiring a 75 foot setback. We do not see any extenuating reasons as to why Mr. Mauro's request should be honored. Thank you very much. r, _"I ( r._ 9_ gin r 11 Sincerely, NOV 3 0 200I ! ,) John H. and Theresa G. Burton . Patterson Mill Ln. Vt l5 (S.R. 824) o a o PbSC I� build 'k•e_, n7 lNb SI __, ---____- Midway Road too` SF_t EALIL _ --- • s' -`----- 688) S.R. x i Telephone Pedestal x LR.F: UtiLfy Pole" x- =-__ "6 --——— — ` x vP f Woven Guy Wire v 1s N ---- Le� Wire Partially �a' 133.6' I.R.F. U erne �� •• 1, I overed c �� ."a• Po D Cinderblock ra MIN, — Well House 0 ►�..` , 2 "2";t' - 1 , , 2 Story O s Partially m m Stucco Standing av (h IA/it I_ Woven Wire Fence 1 vC , U •-t.Y.`3 O a- ;I- t7 -i' I a, ' N a Z>.M . \\i: I „ < Tax Map 71 ZN N; Parcel 47 '� , i q 2.294 Ac. V , �, ,& 10 I ast/L ra- i Elecfnc r/1 Pedestal C4 11 i : :Ill i, Emit 1 Cr 2 Story en �. 111114 l,' Q r(LI no li R..4 Wooden Frame orch 4Oil i z posted) C.), ; \-Milt , Or LLN Barbed — Tank �. Wire Fence i '11110 �� Fence Corner , U i LL ` '� Propane 0 1♦ Tank `� ��, 2 43.2' V = areas ava�la6(e "ss. -1! .; Y s+ruc¢ire \ Zcr U WI . Wr no variance '• pal 48 w I.R F. At\�*.� a Fence Comer Plat Showing a Physical Survey of Tax Map 71, Parcel 47 Notes: 1 No Title Report Furnished. Located on Midway Road (S.R. 688) 2 Owner. Daniel J. Mauro. Samuel Miller District Deed Book 1599, Page 636. 3. This property appears to lie in an area Albemarle' County, Virginia designated as Zone "C' (areas of minimal Flooding) as shown on Federal Flood Insurance Rate Mops doted Dec. 16, 1980 Community Panel # 510006 0190 B. Date: Mar. 11, 1997 4. I.R.F. = Iron Rod Found. Revised: Dec. 8, 1999 (updated) 60 0 60 P Ci'iiIt.pLTH OF 30 30 120 a 0 2 9 Scale: 1" = 60' �. c / n K Y INCORPORATED Surveyor's Statement: STEVEN L ey LAND SURVEYORS On Dec. 8, 1999 I made a field survey as per No.>566f record description of the property shown on this v & plat. To the best of my knowledae and belief this is , hf/o/99„ . ,. ••^^^ 2195 Westover Drive Charlottesville, VA 22901 November 8, 2001 To Whom It May Concern, I am writing on behalf of David Zackowski, who owns the property which adjoins the rear of my property in Westover Hills. I understand that Mr. Zackowski has applied for a zoning variance for his property in order to add on to his existing home. I support the granting of this variance so he may proceed with the proposed addition. Yours truly, g ),54/WV)ames J. helley, Jr. `-f .. r i:` i£ 7Y i - 1 Cp a ! '' x H 4 frYE� 7 " '�„• •sd, F y 4 l ! -. t,"t,fi -L 4-i :i' y . % , x I . .0), J h�5 �o L ki doll} JS 60' 13/fLA, 610771 4 L RD/A Pr/lOSAic J /- �Al ti/D v/d LHUsr i°n olii:irls L ffv • idt' ,� \, rt xf ' • i E` • .**026"0006,''' ..._ y* k. r an / : t`. rr . . 1 • I j i j t om% { I i I 1 I 1 M t rr L. ((I n,-_a-- ' ; j r • , i a 1 f • I A ------ r 1 -• , :. • ....._.:_,..1.1 • • f .1- 3C e,'' WeloASF -.. Pao?asr_1 fir (MJN`r--_nlf rl i� , Bu rlA,A/� r 7L omei> )C - WIDL ,' c T i j —Pc/V /1ADrzo — TM7 ( �r•rrci4-7 IP 1 Pi ____ l(L .SLA < 1 30‘ 0 .CEP -I John H. & Theresa G. Burton 6235 Midway Road Charlottesville, Virginia 22901 (434) 823-5791 November 29, 2001 County of Albemarle Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22903 Dear Members of the Albemarle County Board of Zoning Appeals: We would like to take this opportunity to respond to the notification letter we received regarding Mr. Dan Mauro's application (VA-2001-023) for relief from Section 10.4 of the Albemarle County Zoning Ordinance requiring a 75 foot setback. We live adjacent to Mr. Mauro on lots 46A1 & 2. We understand there will be a hearing on December 4. We are not sure we will be able to attend as we are working. With regards to Mr. Mauro's request to demolish the unoccupied, dilapidated 50 year old structure located 31 feet from the easement on Rt. 688, we support his request to demolish it. It would certainly enhance his property as well as the street and community. We understand that Mr. Mauro hopes to build a replacement structure in the vicinity of the old structure (45' west) but has concerns regarding a swale that he has observed running across his property. In order to avoid the swale he would like to build this structure approximately 60 feet from Rt. 688, and that this is why he has requested the variance. We have lived next door to this property for over 25 years and have never been aware of any situation involving collection of water, etc. on this lot. Even if it were the case, there are methods to address this concern when building. We believe that there are numerous other sites on his 2+ acre lot where he can build his new structure and thus the Board should not consider this a hardship and should not allow the variance request. In closing, with regards to Mr. Mauro's request for a variance of the ordinance to allow a replacement structure to be built 60 feet from Rt. 688, we believe that this request should be denied. We hope the Zoning Board will remain committed to the Albemarle County Ordinance requiring a 75 foot setback. We do not see any extenuating reasons as to why Mr. Mauro's request should be honored. Thank you very much. !HI 11 Sincerely, 111 NOV 3 0 2001 ,I J) AtA/ —3 S..:7:1,r3 John H. and Theresa G. Burton ALBEMARLE COU'--'TY 55 DISr. *�C�i Mq WHITE 7 ppltER p15iN1Ci.. * 3 7 K \ � . l lc Lei, 4G 4N�B6RRr �_ `_ ?7J * ** AMUE 2 cou 4F 38 li V Stockton ' p - Ir 38A FOLK 43 38B 37 43A A- 4 3 Aj 1) � 6A 2 34A4 34F3, 5 6 C 68 34F2 _ 5 - N Ja0 CID 34AZ, iG g4At3) 45A T _7c 45 I / F2 45A7 1A j 34G R6B A' /--- /1 aeo 44 ace 4 6 p, of 0 e 34H 6E' 8 ., . 40 �47 ,2\46AI 46A y i Ale sir. 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