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Home My WebLink AboutVA200200023 Review Comments 2002-09-17 STAFF PERSON: Amelia G. McCulley PUBLIC HEARING: September 17, 2002 STAFF REPORT VA-2002-023 OWNER/APPLICANT: Jonathan Z. and Alice P. Cannon TAX MAP/PARCEL: 30 / 10A ZONING: Rural Areas ACREAGE: 19.382 acres LOCATION: 3941 Bleak House Road near Earlysville. Property is located on Route 662 (Bleak House Road) about 1.5 mile north of the intersection with Route 660. TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from Section 10.4 Rural Area District Area and Bulk Regulations, in order to relocate a state road such that the required front setback from the relocated right-of-way is not met for an existing barn. This variance is to reduce the front setback from the proposed/relocated road from 75 to 13 feet, a variance of 62 feet. The barn is currently about 45 feet from the edge of existing Rt. 662. (See the plat of the property.) This parcel is currently split by Rt. 662 with the barn and field on one side (the west side) and the house, Bleak House, and other outbuildings on the other side (east side). The applicants propose to relocate the portion of Rt. 662 which runs through their property and separates the barn and immediate field from the house and property on the other side of the road. They will rebuild the state road on the west side of the barn on their property. RELEVANT HISTORY: There are no relevant zoning history files. While the Engineer, Kurt Gloeckner, was designing the road, he contacted the Zoning office by phone to inquire about the required setback for the barn from the relocated road. Somewhat confusing language in an ordinance amendment led the Zoning staff member to originally provide the incorrect setback distance of 6 feet. Mr. Gloeckner continued his design work based on that information. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property, although not small in size or oddly shaped, is constrained by the fact that a state road which remains in use, splits it into two portions. The east side of the property includes the historic Bleak House, built around 1840. The west side of the property consists of pasture and a barn for horses. Therefore, the horses and barn are across the state road from the house. As explained to staff, the primary purpose of the road relocation being undertaken by this applicant, is to have the horses and barn on the same side of the state road as the house and other outbuildings. VA 2002-023 Jonathan &Alice Cannon September 17, 2002 Page 2 The road in this area includes a blind curve in front of the house and the barn. There appears to be a legitimate concern about the safety for tractors or other slow-moving equipment which might turn into the barn or the field on the west side of the road. The entrance from the driveway for the house does not appear to have adequate sight distance towards the north. This road relocation will improve sight distance for those who travel Rt. 662 as well as for the driveway entrance to this house and the entrance to the barn. The new location for the road and therefore, the resulting setback for the barn, are dictated by the topography and road curvature requirements. It would not be possible to relocate the road such that the setback is met from the barn without significant grading and environmental disturbance. There are some unique aspects relating to this property which give rise to the variance. While this parcel has existed in this size and shape for some time, the road relocation will provide public benefits as will be discussed further by staff. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship • Due to topographic and foliage features existing on the site, road relocation must be less than 75 feet from the existing barn. Staff is of the opinion that in this particular case, the proposal may be based on convenience to the applicants; however, several public benefits are byproducts of the applicants'proposal.. The desire to have the horses, pasture and barn adjacent to the house and not separated by a state road, serves the applicants'convenience and contributes to their agricultural use of the property. The road relocation project also improves the sight distance into and from the applicants'house, barn and field. In addition to the benefit realized by the applicant, there are the following public benefits: 1. The public safety along the road by the travelling public will be improved by the increase in sight distance and the elimination of a blind curve; 2. Instead of a prescriptive easement of 30 feet, the applicant will dedicate a 50 foot right-of-way for the state road. This will make it easier for VDOT to make further road improvements; 3. The applicants will be bearing the cost of the road relocation instead of the general public. In summary, the strict application of the ordinance would not permit these public benefits to be realized. VA 2002-023 Jonathan & Alice Cannon September 17, 2002 Page 3 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The road relocation project is unique. It will greatly enhance a portion of St. Rt. 662. The project will enhance the usable open space of TMP 30-10A. Staff notes that while it is not unique for property to be split by a road, there are other unique aspects of this application. They include the fact that this proposal provides several public benefits. 2. The applicant has 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 road relocation project will enhance a portion of St. Rt. 662 which will benefit adjacent properties. We know of no detrimental impacts on adjacent lands. Staff does not perceive any detrimental impact on the character of the area by this proposal; on the contrary, the area will be improved in character by this proposal. 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 all of the three criteria for approval have been met, staff recommends approval of this request. The Albemarle Board of Supervisors and the Virginia Department of Transportation will review and approve the road relocation. Staff does not recommend any specific conditions of approval. 04iko - • ,. -(,LA / 4(-)_v? o-a07 k pled 44;1,76Jix(m-4 _ frpt .d/z/ne /d_de zr764t(iAe e-oem — 6-4a41 kod, Acubd5 itt4Au - coto- 4:1-0-74Ld %- -�°� Plit V 4.1111) 20411.3 C AMX/NON Souther. note /ri.t lbbSupplt Co., G'...►b•r•, H. C. I717LH Sou 0-44 Ky N � e / N)ittil 71.4' Tax Map 30-10 s B. M. C. Land Trust // �o'a o,s3;o 0.8. 828-344 • oo, lip, o� O.S. 712-463(piat) Pm/ qy- D. B. 270-399(plat) 'C "/ Si •90' S, 444,• tv/ / 1. y e4 �v sRv> / b 4 kV/ 266.17' L. Y u. / Tax Map 30-10A `'' ,'n N84a peso-, +1, �j3// John H. Hussey ol; -0 7-2 w p'� ,, 0 2 '�' Anne C. Hussey ,, a P'o '1 `') o 0A S --p / / D.8.900-052 4) o S2 0 h as% / 0.8. 516_609(plat) .4 o e.'• • p / `' iip/ ,pp/ D B. 323-23I(plot) �a Kati eo °'o / P / ,P7 0 0, 19. 382 Acres / ,/ brick carnage Co,... ron (rncluc1 ng area w,ftv+ St.Rt 662) Pfronw iAdd at• �*�v M Tax Map 30-10 B k 5 Edwin T. Burton fen. ' C 01 `- Patricia Ann Burton • pow8.D. 99T-538, 0.8. T28-673(plat) o •ci-:*\,'\ D.B. 270-399(Plat) 0.D 3 \\ �\ t , - Note: \ 4 Y This tract is not within'0 o' the HUD defined 100 year o \ • vvi o� tiri o flood zone. 0 Spring 1'"� I 0 ° v) -L I $ ° ,�11Kurx 0may -w- Iron 230.15� �M4 I 3T0.00' ��' 4 c ..'��t//A id. eap'� °15-}aq W 600.15 found at O THOM 0. BLUE fin. cot. tenet 1 +. fen- tor- l> CERTIFICATE No. c ° i. 54.17.3(a)840 j Tax Map 30- 10 a d • c c, ,c k. 8. M. C. Land Trust n •r, •i. 0.8. 828-344 $ ,'� tx 0. 8. 712-463 (pbt) e z / LAND D. B. 270-399(plat) Atone found I at tens corner Tax Map 30-26 I PHYSICAL SURVEY OF A 19. 382 ACRE TRACT LOCATED ON ST. RT. 662 BETWEEN EARLYSVILLE AND FREE UN10N IN ALBEMARLE CO. , VA. SCALE. I".200' DATE: 9/18/72 (orioinol field surety) GRAPHIC SCALE • REVISED: 1/18/90 0 100 2W 30U 10U SOC7' 60U intp,ction,comers ItY41, ownership chan944, T H O M A S D . BLUE • flood plain note, elec. CIVIL ENGINEER & LAND SURVEYOR Iine-vtpco R/W CHARLOTTESVILLE, VIRGINIA I J 90-4 1560 ,�-� REVISIONS DATE a� / os LAND JUIr YZ IOD2 44e4,443 LA INE/CI 6ENT JR• IAM axe P. MMTIIM 11NSlFE9 Dd 67S P.SN +ive, 11111 40114154-2 ____-------. Frem,... ....._ ---- . ,....t..„,,,,,_ v LAND WCUST �� T C 30-10 • 7.4 --____- LAW J MARM•TTMSTEEE •4 Td'p CA.m P.� TA 30-10 •�• I • •• t� t. 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