HomeMy WebLinkAboutVA200400018 Application 2004-09-07 Albemarle
Community Development Department,Planning&
4�ri�a . County of Albemarle Community Development Division
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401 McIntire Road Charlottesville,VA 22902-4596
° Planning Application 1 Voice (434)296-5823 Fax•(434)972-4012
PARCEL/OWNER INFORMATION STREET ADDRESS
TMP 060E1-00-0E-00700 House # Street Name Apt/Suite
465 OAK CIR.
Owner(s) WEIS,BARTON D OR LAURA V
PROPERTY INFORMATION
Legal Description FARMINGTON E 7
Magisterial Dist Jack 7ouett Land Use Primary Residential--Single-family(incl.modular
Current AFD Not in A/F District Current Zoning Primary Rural Areas
APPLICATION INFORMATION
House# Street Name Apt/Suite City State Zip
Street Address 465 OAK CIR CHARLOTTESVILLE 22901-
Entered By:Ana Kilmer on 09/07/2004 Application#
Application Type Variance VA200400018
Project
Engineering File# 0
Received Date 09/07/2004 Received Date Final Total Fees $ 120.00
Submittal Date 09/07/2004 Submittal Date Final Total Paid $ 120.00
Closing File Date Revision Number
❑ Proffering Plan? ❑ Spec. Use Permit Amend.? ❑ Preliminary Site Plan?
❑ Site Plan Waiver? ❑ Preliminary Subdivision Plat? Li Planned District Amend
❑ Proffers Amendment? ❑ Special Conditions?
ars okay. receipt#07026
Legal Description FARMINGTON E 7
SUB APPLICATION(s)
Type Sub Application Date
Comments
STATUS TRACKING
Status Status Date Entered By:Ana Kilmer on 09/07/2004
Under Review 09/07/2004 Comments
Under Review 09/07/2004
APPLICANT / CONTACT INFORMATION
Contact Type Primary Contact
Contractor Contact#
Name 1Chris Halstead Street Address 415 Altamont Street
'WEIS, BARTON D OR LAURA V City/State Charlottesville/VA
Chris Halstead Phone#
Zip Code 22902-0000 (434) 296-9943
Fax# (434) 979-4343 Cellular# ( ) -
E-mail chalsteadl@msn.com
Signature of Contractor or Authorized Agent Date
' Ueographicai Data Services
:; County of Albemarle Division-Room 218
Pwoperfy information Chariotfesville,VA
401 Nlc Intire Road 22902-4596
ACTIVITY INFORMATION 1!
PLANNING ACTIVITIES BUILDING ACTIVITIES
Special Special
Application Current Status Conditions Application # Current Status Conditions
VA200400018 Under Review No ri99200918AR Approved No
200200327AR !Approved No
B200405231AR Under Review No
:`
PROPERTY INFORMATION
TMP U60E1 Qf}iI EY iq Legal Description E 7
Parent TMP �v • �� �� y_. -
Tax Map Section tlQ Block "' Parcel CAI ; GPIN 469957906763
€- c t
Major Subdiv. IFar`Iington„` _ Total Acres i 6U TMP Inactive?, (1�0
ADDRESS INFORMATION
House # Street Name Apt/Suite City State Zip
Street Address F465 OAK VTR Fri k' ,R9
,, i*li VilliV:I',„ tilillialllilill Ar,
_ �' jgill Iii\ q 6 �\0 'ate a \l,t g ,. �
OWNER INFORMATION
Owner Name W IS,BAEtTQN D O��tURA V Street Address 3 3A1 \ p
S.ti \ a ` City/State \\
Zip w
ADDITIONAL PROPERTY INFORMATION
Comprehensive Plan Area Rural Area 1 High School District 1Western Albemarle
Traffic Zone 145 Middle School District I Henley
Voter Precinct Belfield Elem. School District Murray
Magisterial District Jack Jouett
Metro Planning Areas Census Block Group 1
Census Tract 110
CATS Areas \ --
Public Water&Sewer Water Only Virginia Landmark Register?
Watershed Basin Ivy Creek(01/15) National Historic Landmark? __...
Major Watershed South Fork Rivanna River National Register of Historic Places?
Sub Watershed South Fork Rivanna Reservoir
Water Supply Protection Area? A
Development Area?
Other Rural Land? -
Agricultural&Forest District Not in A/F District Number of
Number of Dwelling
Landuse Structures Units Comp Plan Landuse
Primary Residential--Single-family(incl. modular homes) 1 1 Rural Area
Secondary Forest-- Deciduous
Minor
Comp Plan Landuse Other
Current Zoning Zoning Adopted 12/1980 Zoning Prior to 12/1980
Primary Rural Areas Rural Areas R1 Residential
Secondary
Minor
Other Airport Safety Overlay Scenic Stream Overlay
Natural Resource Extraction Overlay Airport Protection Overlay L Entrance Corridor Overlay \
Flood Hazard Overlay Airport Noise Overlay .........
OFFICE USE
,/ONLY G �
VA# cog _ OI g TMP ( C - ' o __ 1_ - a O t'/ to O
Application for Variance h
[YVariance=$120 SCP1R
v
So_gi,coy / K,4
Project Name: Vs)EIS RtrSI DEAJGE
Tax map and parcel: O4,OE 1•-O° OE—00700 Magisterial District: Zoning: k A
K Physical Street Address(if assigned): 1-66 DA CJ& L E 044121-oTTei V(IA� JA 2 29 01
Location of property(landmarks,intersections,or other): 1 12 k l 1 1o. gv BO[J I S[42>J
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers /V O
Contact Person(Who should we call/write concerning this project?) 64 4 1Z L S 444 LSTEND
Address 413ALTAIVIo Sl City CViILLE State•ik Zip 22-1 o2
Daytime Phone T) 29 • 1911 Fax# 91`j•43q E-mail G\ACIISte04l C mcn
Owner of Record W•C I t tiktarom OR LAU-12A `f •
Address 4 6 ak — CMvR«F City C (/[ State VA Zip 221 D
Daytime Phone(i l 4 7 1 1 I Fax# E-mail
Applicant(Who is the Contact person representing?) 5/412: L kv 1� 1 '
Address 4b5 Off- C1RGLE City C •VI LL V State A Zip 221 0/
Daytime Phone( ) - l [ 1 1 Fax# E-mail
OFFICE U LY I / �A -
Fee amount$ Date Paid Hog g Check# I Vg By Who`L1 V] ' +r\ ctAL-2 ecet t#kalf,;By.AL'
County of Albemarle Department of Building Code & Zoning Services /�
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126 �1�./
11/26/02 Page 1 of 2
VA-2004-018 (Sign # 8) Barton D. or Laura V. Weis (owners/applicants): Request to
reduce the side setback from 25 to 15 ft to allow an addition to be demolished and
replaced. The property is located at 465 Oak Circle off of Ivy Lane in Farmington. Tax
Map 60E1, Parcel E7, Zoned Rural Areas, RA.
524 /4-5--0(
w`cd,.�4:h` ;d
The following information shall be submitted with the application and is to be provided by the applicant:
I) Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey,please
provide legal description of the property and the Deed Book and page number or Plat Book and page number.
2) The appropriate drawings showing all existing and proposed improvements on the property,with all dimensions and distances to
property lines,and any special conditions on the property that may justify the request.
3) Fee payable to the County of Albemarle.
4) Description of Request: See AIYACk{( P
5) Justification shall be based on these three(3)criteria:
1) That the strict application of this ordinance would produce undue hardship.
SEE Xfl 4 c.44 E D
2) That such hardship is not shared enerally by other properties in the same zoning district and the same vicinity.
SEE •4'r 6-0
3) 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.
See •' ficcgD
Owner/Applicant Must Read and Sign
The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this
review has not been submitted by the deadline.
I hereby certify that the information provided on this application and accompanying information is accurate,true and correct
to the best of my knowledge and belief.
. V . Lrvi- t A---c5e/Sf 1 ' '2.4)d4'
Signature of Owner,Contract Purchaser,Agent Date
C V. +4ALSTe A-O 414 • .96 •/a43
Print Name Daytime phone number of Signatory
11/26/02 Page 2 of 2
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History.
The original structure was built in 1947. The 'accessory structure', originally a garage but
now finished interior space, was added before 1980. The 'accessory structure' is
approximately 15 feet from the property line at the East side yard. The nature of the
connection between these buildings as of the Ordinance date is uncertain, though it is
likely that some provision was made for getting from the garage to the house without
walking in mud.
A major renovation/addition was permitted for and completed in 1988. This work was
subject to and received the approval of the Zoning Department without requiring a
variance. There was apparently a connection between the buildings at ground level (in the
form of a walkway deck or terrace)at the time of the 1988 application. This has been
asserted by the contractor who performed the work.
New foundations, walls, and roof(see attachment#1)were added in 1988 which allowed
for the interior passage between the buildings.
The applicant purchased the property in June 2004.
The original 2004 building permit application called for removing a large segment of the
existing structure, including the 1988 connector and replacing it with new work.
We were told by the Zoning staff that temporarily disconnecting the building, even under
a building permit which called for the re-connection,would constitute a permanent
separation, thereby bringing the accessory building into conformity with respect to the
side yard requirements. We would then not be allowed to reconnect the structures
because it would create a non-conforming structure. However, if we maintained the
connection continuously during construction(by leaving some connecting existing
structural elements in place), we could proceed, as the non-conforming status would
never have been lost.
Subsequent to this, the Zoning Staff has taken the position that, despite the fact that
Zoning approved the 1988 work,the connection then created was illegal, and that while
they would not require the owner to disconnect the structures,they would not allow any
addition to be built which touches the accessory building.
Their reasoning must be that increasing the points of attachment makes the connection
'more' illegal. We take the position that attachment is a qualitative,not a quantitative
feature of building relationships under the Zoning Ordinance. If we were to file a permit
to attach two buildings creating a non-conforming structure,the Zoning department
would not say 'if you only attach them a little,then it will be okay',nor would they say
'you've attached them too much'. They are either attached or they are not.
Variance Request
We request a variance which allows us to build an otherwise lawful structure in place of
• the existing connector. This work does not alter the character of the existing attachment,
nor does it call for any change of use or construction to the accessory structure itself
outside of the obvious weatherproofing required between the structures.
We would like to perform the work as originally proposed so as to most reasonably
remove and replace existing work to provide for an efficient construction process. This
would call for the actual separation of the structures during the construction period. The
building permit clearly calls for the re-attachment of the buildings.
Should we fail to reconnect the structures,the non-conformity or illegality of the
accessory structure would be cleared up for good. It would be a conforming accessory
structure and any subsequent attachment would be illegal.
Should the Board accept the staff position that any separation for any reason for any
length of time removes the non-conforming or illegal (but accepted) status, we would like
the Board to consider the staff's earlier position that we could proceed if we maintain a
continuous connection during the construction period. Granting the variance may require
the Board to certify the existing situation as a'non-conforming structure' (if that is
possible).
Justification.
That the strict application of this ordinance would produce undue hardship:
The interior connection between the main structure and the 'accessory building' is a
feature of significant value to the applicant and entered into their decision to purchase the
home. It provided for increased living space,more rooms available for varied uses, etc.
Had these structures not been attached,the home would not have suited their 5 person
family.
According to the Zoning Staff,the interior connection is illegal. Zoning should not have
allowed the connection sixteen years ago. Certainly, to require that the applicant remove
the attachment now would be a hardship. The County is not requiring such action.
By not requiring the detachment,the County is accepting the 'accessory building' as,
effectively, a non-conforming structure. This still leaves a cloud over the property. Is the
applicant subject to a future zoning decision requiring the detachment? The applicant is
left in zoning limbo. We cannot improve the property in an otherwise legal manner
because of the vague status of the connection. That is the undue hardship.
That such hardship is not shared generally by other properties in the same zoning
district in the same vicinity:
Work performed on other properties after the date of the Ordinance generally comply
with Zoning regulations because the Zoning Department prevents the creation of non-
conforming structures through their building permit review process. Zoning's mistake in
this case is an exception to the rule. Because of the age of the Farmington area's homes,
non-conforming structures are not unusual, but Owners of other non-conforming
structures have certain rights under the Zoning Ordinance. The applicant is being denied
those same rights.
That the authorization of such variance will not be of substantial detriment to
adjacent property and the character of the district will not be changed by the
granting of the variance.
The granting of the variance will have no appreciable effect on adjacent properties nor
will it be of detriment to the district because it does not change the nature of, use of, or
character of the 'accessory structure' in question. All other construction proposed under
the permit application is lawful.
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CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING
CHARLOTTESVILLE VIRGINIA
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Scale Albemarle County Tax Map:0 340 -----:: s
060E1 r ,
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rie Note.This map is for display purposes only Farmington s�:L f
� and shows parcels as of 2003.
K.. See Map Book Introductionon for for additional details. VII