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Home My WebLink AboutVA200300007 Review Comments 2003-07-01 STAFF PERSON: Amelia McCulley PUBLIC HEARING: July 1 , 2003 STAFF REPORT VA-2003-007 OWNER/APPLICANT: Catherine G. Allen TAX MAP/PARCEL: 69 / 10B ZONING: Rural Areas ACREAGE: 2.415 acres (by plat) LOCATION: 9539 Dick Wood's Road. At the Nelson County line on the west side of Dick Wood's Road (Route 637), approximately 100 yards from its intersection with Route 750. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4 Area and Bulk Regulations in the Rural Areas district. This is a request for a front yard variance from 75 to 71 feet (a total of 4 feet), to allow an existing house to remain as built. The existing house was built in 1995 under permits from Nelson County. RELEVANT HISTORY INCLUDING PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: 30` f re tripfi✓e P��✓�iGssf When the current owner purchased the prop, , it included a house that was located approximately 24 feet from the rightof-way1or Dick Wood's Road. This house was demolished and a new house (the existing one) built. The new house was built under a Nelson County building permit because the property had always been described as lying in Nelson County. Based on the sign for the Nelson / Albemarle line on Dick Wood's Road, the house is in Nelson County. At the time of purchase, the current owner suspected that a portion of the property might lie in Albemarle County; therefore, the deed was recorded in both Albemarle and Nelson counties (see Attachment A). When construction was completed, the owner had a survey done which confirmed that the house lay in Albemarle County (see plat of physical survey — Attachment B). In May 2003, the owner applied for a building permit from Albemarle County to build an addition to the house. She was told that the front setback for the addition did not meet current County ordinance. Further, she was told that the existing house did not meet current setback requirements. The owner has had the addition redesigned to meet all setback requirements and is requesting that a variance be granted for the existing house. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: VA 2003-007 Catherine Allen July 1, 2003 Page 2 Hardship Staff comments are written in italics and follow the applicant's comments. The applicant notes that the variance is necessary: • The legal description for the property has described it as lying in Nelson County. The proper permits were obtained and issued by Nelson County for the house construction. • The current house has been in place for 7 years. • The current house replaced a former house which was significantly closer to the road (about 47 feet closer). Staff finds this case to constitute an undue hardship in several aspects. First, if this property was raw land (with no house on it) and a house was proposed for construction - the existing house is located at the most practical place that is the greatest distance from the road. Fairly immediately behind the rear of the house, the land slopes downward fairly significantly. Secondly, this house replaced a previous house which was a lawful nonconformity with respect to front setback. This house was built in substantially greater compliance (47 feet further back) to the front setback requirement. The error with respect to the jurisdictional boundary is a longstanding one. This current owner sought and was issued the proper permits by Nelson County. This was a longstanding mutual error on the part of the owners of this property, Nelson County and Albemarle County. The correct jurisdictional location of this house was only discovered when this owner obtained a survey to show the County line. It would be a substantial economic hardship to either move the house or remove a portion of the house. The encroaching portion is relatively minimal, only 3.8 feet of the corner of the house. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • These are a unique set of circumstances. Staff agrees with the applicant. Staff cannot recall a situation such as this in her 14 years as Zoning Administrator. 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. VA 2003-007 Catherine Allen July 1, 2003 Page 3 Impact on Character of the Area The applicant offers: • The current house has existed for 7 years. • It is located 47 feet further back from the right-of-way for Dick Wood's Road than the original house was. • The current house is an improvement for the character of the district over the previous house. Staff concurs with the applicant. There are no houses directly across the road from this house nor is there a road improvement proposed on this road segment - either of which could potentially be negatively impacted by a reduced front setback. 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. Staff also wishes to recognize the applicant's efforts to comply with the Albemarle County Zoning Ordinance. The initial building permit proposal for an addition to the house would have required a further setback variance. When staff told the applicant that they would not likely support a further setback encroachment, the applicant redrew the building plan such that the additional variance was not necessary. The applicant could have just included the proposed addition in this variance request that was necessary for the existing house, but instead chose to comply with setback. Should the Board find cause to approve it, staff recommends no conditions. VA 2003-007 Catherine Allen July 1, 2003 Page 4 ATTACHMENTS Attachment A Copy of the Deed Attachment B Plat of Physical Survey • Attachment A THIS DEED made the 8th day of February, 1995, by and between MARGARET D. ANDERSON, widow, "Grantor" , and CATHERINE G. AlLEN, individually, "Grantee" , provides: THAT for and in consideration of the sum of Ten Dollars ($10. 00) , cash in hand paid, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with General Warranty and English Covenants of Title, unto the Grantee, the following described property: All those two certain lots of land together with all improvements and appurtenances, lying on the west side of State Route 637 approximately 100 yards south of its ,1 intersection with State Route 750 in the Rockfish Magisterial District of Nelson County, Virginia and the White Hall Magisterial District of Albemarle County, . Virginia, consisting of a lot described as 2 acres, more or , less, conveyed to John D. Anderson and Margaret D. Anderson, by deed of Ben D. Showers and Helen K. Showers, dated June 25, 1948 and recorded in the Clerk's Office of the Circuit Court for Nelson County, Virginia in Deed Book 79 , at Page 365 and a lot containing . 50 acres conveyed to John D. Anderson and Margaret D. Anderson by deed of S . P. Goodloe dated October 7, 1963 and recorded in the aforesaid Clerk's Office in Deed Book 101, at Page 235 and more particularly described on a plat by T. W. Saunders, C. L.S . , dated July 1, 1963 , a copy of which is recorded along with the aforesaid deed recorded in Deed Book 101, at Page 235. John D. Anderson died on zz 1 11 1 and by virtue of the survivorship provisions in the above named deeds, Margaret D. Anderson became vested with full title to both tracts. • This property has always been previously described as lying in Nelson County but a portion of the property is believed to be in Albemarle County and this deed is to be recorded in Albemarle County to establish title in that jurisdiction. rON 9 THELEN P C )RNEYS-AT LAW ;STON VA 22949 II ;FORO VA 22958 I • • • t Rood ` sT -X•+C..... _ -''1 .... `v. /5O �'io This certifies that the property shown hereon was surveyed on Oct,25,1995 , `r..0. s and the tills lines and improvements are as shown on this plat. .,y. 'u!s� ',''Pipe eel of •\` . 4,.....o PA �!,f�" old fence car \` This properly is not in a HUD defined 100 Yr I Zone A)Flood Area JC. OW �l • C.Y. 1` L6{R_7�/ W MORRIS FOSTER.LS '''01 , I/IIYI. fti!1Rfi� �' S1�f` TM 4-A- 7 \ •%; CL,NIrIL0.iE No .•• n M4RPH P nd o \•• , s ::; ' 5 t l i 3(a)998 j 4 GARWOOD ^i \ ` ' • •-\'w ?> 54 1 i 3(b)171 • 14w F/.�G' ib1 T ti''�<_. D t N • u -a t s� Q't 9 c x m I aJ m • a Q¢ in m`` r 1, �• 1.9. $ PLAT SHOWING PHYSICAL SURVEY OF 2 c� m I `� SPA . Jp o O\ ° o `�� z :�- `'�� ''' 2. 4/5 ACRES - COMPRISED OF s. �� o � ` 1 t.w • s��m� TAX MAP 4 - A- PARCELS B, 9 i o �° `" I sT-" •`'so ON NELSON COUNTY TAX MAP ° b ��c` �^ S/TUA TED IN ROCKFISH DISTRICT OF c ` ' �♦ow,.....,... NELSON COUNTY end WHITE HALL O c ug e/ec./o Re / a °yeheod P°� fp Power w .� o��p DISTRICT-ALBEMARLE COUNTY VA. Pole T ve Two Slory "AD .;pOM1 o\ 9. •Frame Res (c• G ' I 3. c\ iv/Basemen/ an F • w ' ` /900 ACRES mu, • o -� ` N D4 TE /0-25-95 REVISED c TM4- A- 8 \ ` J 2. 4/5 ACS Six\ 853 2/-4 ‘ ` Aso • Pi a se/o/ o/d fence cor _ z TOTAL ��o NO4'42'00"W e B- _ S B'3.42E m IN �cs x /5.00' ,, NB?JOyB? Iron -i '0 K' ?el N6, e,/3 \_ Toro/. 46/0 la � OWNER CATHERINE G ALLEN /'' •, w7B�0. _•� \ on or nsari old%� Road j • `•-'' TITLE SOURCE _ •� �s , le• O. 5/5 ACRE \ TM neis_ •2 NELSON CO OB 369- 00/ V r �o`s/� op Iron ) \ A- 9 Pine slump .iNe `\ 4LBEMARLE CO OB/454- 535 r- - -I'000,• \o,y6, ,60 ` OB/O/-235 P/ol r N 9.9SS ` t31 j3 Vr.�f 0 Is'/ro 6E 33' OOyr• Z NB4\'pOW Iron Iron 56i0 ice:. \ ` - eel S 99'0O•W 106.00' se wire,{O`` • e TM 4- A- // ♦•1 0 25 50 100 CHESTER M.BEATTY,JR /no' -'~a W. MORRIS FOSTER vt�� NO'force — — 20'ROAD LAND SURVEYOR SCALE w FEET \v `• TM 4- A- lO NELLYSFORD , VA OB/07-374 Plot a .m O PF dECCA CHA/T/N ,Y • r�'o' E 1 DO 204-'5/3 P/o/ 9 a5 OK 33 p 9 File N-Ir^^32 '. q ,w fix' A . r, - .