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Home My WebLink AboutVA200100025 Review Comments 2001-12-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: December 4, 2001 STAFF REPORT VA-01-025 OWNER/APPLICANT: David Zackowski TAX/MAP/PARCEL: 41 A/135 (part) ZONING: RA, Rural Areas ACREAGE: A 0.234 acre lot of the total 0.368 acre parcel LOCATION: East side and at the end of Rt. 1701 (2191 Westover Drive) in the Albemarle Lake subdivision TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 35-foot rear yard for primary structures in the RA district. The request is to reduce the setback from 35 feet to 10 feet to allow an addition to an existing dwelling. The addition is desired to allow the rearrangement of the second bedroom and the addition of bathroom, storage, laundry and HVAC space. RELEVANT HISTORY: There are no files in Planning or Zoning on this property. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Mr. Zackowski purchased this property in 1986. The one tax map & parcel contains two separate lots that could be sold, owned and developed independently if Zoning Ordinance regulations could be met. The 0.234 acre-lot that contains the dwelling is considerably less than the 2-acre minimum lot size in the Rural Areas district. Even considering the two lots as one parcel, 0.368 acres is still quite small for the district. Due to the small size of the lots, staff recommends requiring the legal combination of the two lots if this variance is approved. Currently the dwelling has two bedrooms and one bathroom. The desired addition will rearrange the space expanding one bedroom and adding only one bathroom plus storage/laundry/mechanical space. This addition would not normally require health department approval so we have no way of knowing if there is an area reserved for a backup drainfield. Allowing financial investment in this structure surrounded by small lots and without a secondary drainfield could create a problem in the future. The size and topographical features of this one lot contribute to the need for variance. The house has an "L-shaped" rear elevation and is situated so that one rear corner is only 20 feet from the rear property line. The addition will fill in the angle defined by the "L" and is the most logical place to add to this structure. On the front side of the house, there is an elevated deck across the entire structure. Starting about 8 feet in front of the deck near the southeast corner, there is a retaining wall that spans the length of the one lot. It starts as stone, parallels the front of the house, then turns away and changes to a timber retaining wall before ending slightly beyond the property line. The existing septic drainfield is in this area between the house and a shed near the end of the wall. Staff Report VA-01-025 Page 2 December 4, 2001 The closest corner of the existing house is approximately 16 feet to the rear property line. Therefore, Section 6.3.A.4 would allow an addition to the house in the desired location without a variance, but it could be no closer to the property line than the existing dwelling. Therefore, an addition that either had a wall that paralleled the rear property line (but was set at an odd angle to the rest of the house) or "stepped out," creating a "zigzag" effect along a line 16 feet from the property line could be built without a variance. Therefore, staff does not find this variance to be necessary. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: Hardship The applicant comments that the variance is necessary because: • Owner wants to live in the house now through retirement; • Wife suffers from asthma that is aggravated by the existing wood stove; and, • The dwelling needs central heat and air, plus additional storage space. There are size and topographical features of this lot that meet some of the criteria for a variance as described under the Code of Virginia. However, with the existing house, reasonable use of the property already exists and an addition can be accomplished by way of our generous nonconforming regulations without granting a variance. 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 dwelling was built as a cottage in the late fifties; • Since then larger, 3 and 4 bedroom houses have been built in the adjoining Westover Hills subdivision; and, • The proposed addition would conform more in value to the surrounding houses. Most of the lots in the surrounding Albemarle Lake subdivision are very small and still have to abide by the same setbacks. Because of the size constraints, many lots have been legally combined so that they can meet the zoning regulations. 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 adjoining property owner has submitted a letter stating no objection to the addition; and, • The addition would not be a detriment to adjoining property and would be more compatible with the existing structures. C:IBZA12001 staff reports\VA-01-025.doc Staff Report VA-01-025 Page 3 December 4, 2001 Staff agrees that the proposed addition will not change the character of the district. One corner of the addition will be only a few feet closer to the property line than the existing house already is. This developed parcel is tucked in-between other developed parcels but seems to fit without infringing due to the vegetation in the area and the topographical features of the parcel itself. 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 have been met, staff cannot recommend approval. However, should the Board find cause to approve the request, staff recommends the following conditions: 1 . This variance is for the addition proposed in BP-2001-1455AR only. Any future additions or structures shall meet all setbacks at the time of application. 2. Prior to the issuance of the building permit for the addition, a document shall be put to record legally combining the two lots. 3. 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