HomeMy WebLinkAboutVA200500007 Review Comments 2005-12-06 (2) STAFF PERSON: Jan Sprinkle
PUBLIC HEARING: December 6, 2005
STAFF REPORT VA-2005-007
OWNERS/APPLICANTS: Eagle Crest Homes and Development LLC, owner/Williams
H. Houff, applicant
TAX MAP/PARCEL: 55/19A
ZONING: RA, Rural Areas, and EC, Entrance Corridor
ACREAGE: 1.637 acres
LOCATION: Southwest quadrant of the intersection of Rt. 250 and Rt.
824 (Rockfish Gap Turnpike and Patterson Mill Lane)
TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from
Section 10.4 to reduce the front setback from 75 feet to 45 feet. The applicant wants to
construct a single family dwelling. Therefore, the variance is for 30 feet.
RELEVANT HISTORY: none
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS:
Mr. Houff is the contract purchaser. Eagle Crest Homes purchased the property in June
2005.
At 1.6 acres, this parcel is smaller than the RA requirement of two acres. It was created
when the Commonwealth of Virginia took land to create the "new" Rt. 250 corridor and
intersection during the 1940's. The former roadbed of Rt. 250 is the rear property line of
this parcel. It is a legal nonconforming parcel. The parcel actually is in two
noncontiguous pieces-1.473 acres and 0.164 acres—that are separated by a wide strip
of right-of-way containing the culvert allowing Rt. 250 to pass over the flood plain of
Tuckedaway Branch creek. The larger piece of the property is where Mr. and Mrs.
Houff would like to build their home.
This portion of the parcel is approximately 400 feet wide but only about 150 feet deep.
The right-of-way between the travelway of Rt. 250 and the front property line is level,
partially graveled, and contains a large sign warning travelers of "Fog on the Mountain,"
an electrical box, at least one smaller highway sign and a guard rail adjacent to the
paved travel lanes. Beyond this level shoulder, the parcel contains an area of only
about 50 feet in slopes less than 30% before the property begins to drop away into even
steeper slopes on all sides. The edge of this lesser slope is the area in which the
Houffs want to position the front of their house. They hope to construct two stories
above ground and build the basement into the steeper slope.
VA 2005-007, William Houff Page 2 December 6, 2005
The Zoning Ordinance (§ 4.2.3.2) does not allow construction (such as for a house) on
critical slopes (slopes of 25% or greater). However, if it is an existing lot and there is no
level area (with less than critical slopes) such as is the case here, the house and septic
field may be built on critical slopes per § 4.2.6 (b).
The Health Department has evaluated the property for a septic system and stated that
slopes of 27%, 28% and 37% were recorded at the test holes. The Health Department
allows drainfields on slopes up to 50%; however, where shallow soils are present such
as on steep rocky terrain such as this, alternative systems may be required. Although
the letter from the Health Department sent to Eagle Crest Homes states that they need
a variance from the County's slope requirement for drainfields, our Zoning Ordinance
actually exempts parcels created before its adoption from this requirement for the
establishment of the first single family dwelling (as stated in the prior paragraph). See
Attachments A and B. The ordinance does not however exempt existing parcels from
the setbacks of the district. Therefore, the front setback of 75 feet must be reduced to
45 feet on this particular parcel to allow the house to be built in the least steep area.
This is a case where due to the small size, the two-piece shape, the exceptional
shallowness and the exceptional topographic conditions of the property, the strict
application of the ordinance would effectively prohibit or at least unreasonably restrict
the use of the property. In addition, the state's use of the property immediately adjacent
to the parcel for Rt. 250 and its appurtenance signs and electrical equipment contribute
to a further challenge for the development of this property. Staff opinion is that the
granting of a variance for this parcel will alleviate the hardship and will be in harmony
with the intended spirit and purpose of the ordinance.
This hardship may be shared by a few other properties in the same zoning district and
the same vicinity, but is not thought to be generally shared. Due to the topographic
conditions of the general area and the State's condemnation of land for the interstate
during the 1960's, there may be more parcels in the County in a similar situation;
however, they should be addressed on a case-by-case basis.
In looking at the general character of the area, the Rt. 250 corridor is a scenic highway
with only a handful of small older homes close to the road in the area west of 1-64, such
as on the adjacent parcel to the west. On the other side of that home, there is the Blue
Ridge Market, a retail outlet for local fruits, vegetables, and horticultural items on a
seasonal basis. This market is situated within 30 feet of the road, having been originally
established long before zoning and reestablished in its nonconforming location after a
fire in 2001. There are a few older houses to the rear of this parcel accessed by Rt. 689
Burchs Creek Road.) To the east of this property and west of the interstate, a church is
visible along Rt. 824 (Patterson Mill Road.) To the east of and adjacent to 1-64, the
Yancey Mills community has many older homes visible on the north side of Rt. 250.
Staff opinion is with all of this visible development, granting the variance to allow the
construction of one single family home somewhat in alignment with the adjacent house
and market will not change the character of the district.
VA 2005-007, William Houff Page 3 December 6, 2005
APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance
criteria provided by the applicant and comments by staff follows: (Staff comments are
written in italics and follow the applicant's comments.)
Hardship
The applicant notes that the variance is necessary because:
• This is an unusual parcel in that it is split in two pieces. To require that the 75-foot
setback be strictly adhered to would pose undue hardship, as to place the house any
further back would be to encroach upon a steep 90% slope.
As stated in this report, staff agrees with the applicant.
1. The applicant has provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant notes:
• This parcel is grandfathered as it is a pre-1980 parcel or record. It is exempted from
the building site provision of the ordinance.
As previously noted, staff agrees that this is a unique situation that needs no general
ordinance amendment. Again as previously stated, this lot nonconformity does not
eliminate the need for this setback variance.
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 character of the district will not be changed as the adjoining properties are a
landscape market, a flood plain (corn field) and a church.
Staff is of the opinion that the variance requested will not negatively impact the
character of the area.
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. We recommend approval subject to
the following condition:
VA 2005-007, William Houff Page 4 December 6, 2005
1. This variance is for approval of an approximate 40 x 28 foot two-story four
bedroom house. If this house is substantially expanded in size, it shall require
amendment of this variance
ATTACHMENTS
Attachment A Health Department Letter dated October 24, 2005
Attachment B Albemarle County Zoning Ordinance —4.2.6 Exemptions
16/12 05 FRI 14:00 FAX 434 974 2259 LMS CHARLO'1"1'JSVILLE a 001
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w VA-2005-007
(. \' ATTACHMENT A
=,,7!ffr. Two pages
COMMONWEALTH of V IRGINIA
In Cooperation with the Thomas Jefferson Health District ALBEMARLE-CHARLOTTESVILLE
Slate Department of Health FLUVANNA COUNTY(PALMYRA)
1138 Rose Hill Drive GREENE COUNTY(STANAROSVILLE)
Office Of Environmental Health LOUISA COUNTY(LOUISA)
P. O. Box 7546 ---_`_ NELSON COUNTY(LOVINGSTON)
Phone(434)972-6259 — ---
Fax (434)972-6221 Charlottesville, Virginia 22906 TTn J '
October 24,2005 S/6/2/-J/c/.L
Eagle Crest Homes and Development
2104 Monticello Road
Charlottesville,Va.
RE: Health Department I.D.#: 101-05-0611
Tax Map#55-19A,
Rt.250&Rt.824, Albemarle County,Virginia
Dear Sirs:
Your application for a Sewage Disposal System Certification Letter,filed on September 29,2005,has been evaluated
by the Albemarle County Health Department in accordance with the requirements contained in the Code of Virginia,
Section 32.1-164(the Sewage Handling and Disposal Regulations),and current agency policy and procedures for
processing applications for on-site disposal systems.
Based on the information filed with your application,as well as the site evaluations conducted by the health department
on October 19,2005, I regret to inform you that your application for a certification letter for a Type I or Type II sewage
disposal system is hereby denied. The department's findings and reason for denial are set forth below:
- Slopes of greater than 25%are present. Slope readings of 37%,27%and 28%were recorded.Albemarle
County Ordinances require less than 25%for septic field placements.
You may wish to appeal the 25%slope requirement to the Albemarle County Department of Community
Planning and Development. If a variance is obtained,a further determination can be made as to the suitability
of the property for a Type I or II sewage disposal system.Also,the property may be suitable for a Type III
sewage disposal system utilizing pre-treatment of the sewage effluent.You should contact an Authorized On-Site
Evaluator to determine if the limited areas available would be suitable for this type system.Also,plans and
specifications from a licensed professional engineer would be required to be submitted to the Health Department
as part of a future permit issuance process. Other portions of the property may be evaluated by an Authorized
On-Site Evaluator for a traditional system also.
16/12 '05 FRI 14:01 FAX 434 974 2259 LMS CHARLOTTESVILLE RI002
6 4 ~
In accordance with the Virginia Administrative Process Act,Chapter 1.1:1 and Title 32.1-164.1 of the Code of Virginia,
this letter is to further inform you of your right to appeal the decision of the local health department,which is specified
in this letter. If you desire to pursue your right of appeal, in which you may at your discretion be represented by
counsel,the first step in the appeal process is to submit a written request within 30 days of receipt of this letter to Dr.
Susan McLeod,Thomas Jefferson Health District Director. All the facts and such other data or information which
would support your request for an appeals review of the decision that has been rendered should be detailed and outlined.
If this office may be of further service to you regarding your application,please contact us at(434)972-6259.
Sincerely,'�/�
1
Michael R.Smythers
Environmental Specialist
cc: Jack McClellan,Technical Consultant
cc: Tim Carson,Centurf.2-1, 1709 Emmet St.,Charlottesville,Va. 22901
cc:Bill&Yolanda Houff, 174 Tanyard Path,Afton,Va. 22920
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VA-2005-007
ATTACHMENT B
Albemarle County Zoning Ordinance
4.2.6 EXEMPTIONS
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as
provided herein: (Added 10-17-01)
a. Any structure which was lawfully in existence prior to the effective date of this chapter
and which is nonconforming solely on the basis of the requirements of section 4.2,may
be expanded, enlarged, extended, modified and/or reconstructed as though such structure
were a conforming structure. For the purposes of this section,the term "lawfully in
existence" shall also apply to any structure for which a site development plan was
approved or a building permit was issued prior to the effective date of this chapter,
provided such plan or permit has not expired. (Amended 10-17-01)
b. Any lot or parcel of record which was lawfully a lot of record on the effective date of
this chapter shall be exempt from the requirements of section 4.2 for the establishment of
the first single-family detached dwelling unit on such lot or parcel;provided that section
4.2.3.2 shall apply to such lot or parcel if it contains adequate land area in slopes of less
than twenty-five(25)percent for the location of such structure. For the purposes of this
section a manufactured home shall be deemed a single-family detached dwelling unit.
(Amended 10-17-01)
c. Accessways,public utility lines and appurtenances, stormwater management facilities,
and any other public facilities necessary to allow the use of the parcel shall not be
required to be located within a building site and shall not be subject to the requirements
of this section 4.2.2,provided that the applicant demonstrates that no reasonable
alternative location or alignment exists. The county engineer shall require that protective
and restorative measures be installed and maintained as deemed necessary to insure that
the development will be consistent with the intent of section 4.2 of this chapter. (Added
10-17-01) (§ 4.2.6, 12-10-80; Ord. 01-18(7), 10-17-01)
' PLAT SHOWING BOUNDARY SURVEY OF._
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Prepared by Albemarle County
of Geographic Data Services(C.DS).
Map s
Map created by Elise Hackett.November 2005 ^I
Note The map elements depicted are graphic repreuntatlom andA
'V Tax Map 55 Parcel 19A to' Contour ,�.;.,. Water Body
art not to be constmed or used as a legal description.wpo This map is for display rses only Roads Parcels
Aerial Imagery 0 2002 Commonwealth of\Amin. -
Parcels shown reflect plats and deeds recorded though ^ :' 20 4:' Streams Parcel of Interest
0.0.28 2005 VA 5`v••�^7 - - -
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