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HomeMy WebLinkAboutVA200700009 Review Comments 2007-10-02 STAFF PERSON: Ron Higgins PUBLIC HEARING: October 2, 2007 STAFF REPORT VA-2007-009 (Sign #16) OWNERS/APPLICANTS: Randel Stokes or Pamela Garrison-Stokes TAX MAP/PARCEL: 40A/21 ZONING: RA, Rural Areas ACREAGE: .658 (approx. 28,690 square feet) LOCATION: 1783 Sunshine Lane in Sunrise Acres Subdivision TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from Section 10.4, Area and Bulk Regulations in RA, to reduce the northeast (right) side setback from 25 feet to 14 feet, a variance of 11 feet. The applicants propose an addition of approximately 23 feet to that side of their house. This application was deferred from the September 11, 2007 Board of Zoning Appeals meeting due to the mistaken description of the proposed addition as being on the west side instead of the east side, and due to the need to verify the distances for proper advertisement. This has been done and the description has been corrected accordingly. Also, the attachments have been labeled for clarity. Finally, the applicants have obtained an estimate for excavation into the rear slope and this has been attached to, and discussed in, the report. RELEVANT HISTORY: The Sunrise Acres subdivision was mostly developed in the early 1960s, thus pre-dating the 1969 Zoning Ordinance which established the minimum side yard setback of 25 feet in what was then "A-1 Agriculture District" zoning. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The Garrison-Stokes house sits at the end of a small lane, one of four houses on that lane. The house was built in 1963 with a northeast side setback of approximately 37 feet. It looks down grade at the backs of houses on the next parallel lane which has ten houses on it. Most of the homes in this subdivision, around the subject property, were constructed between 1960 and 1968, with side setbacks varying from less than 10 feet to more than 30 feet. Of the 14 houses on the two lanes (Sunshine Lane and Daybreak Lane) 9 (64%) were built with at least one side yard of less than 25 feet, ranging from approximately 6 feet to 18 feet. All of these houses have similar footprints of approximately 1,200 square feet. All of the older houses are one storey, with some having basements, where topography permits. The houses with side setbacks less than 25 feet were made nonconforming with the adoption of the 1969 zoning ordinance. VA 2007-009, Garrison-Stokes Page 2 October 2, 2007 For the most part, this subdivision is on gently sloping terraced sites, with the Sunshine Lane sites up against a very steep mountainside rising several hundred feet up from the back of the four houses. The subject property house is actually less than 10 feet from the toe of the wooded slope. The enlarged GIS drawing, at the end of this package, shows the steep slope running along the entire rear of the house and close enough to it that it cannot be avoided when constructing a comparable addition. The backs of the other three houses on this lane are 30 feet to 50 feet from the toe of the slope. The front yard setbacks are more than the 25 feet required on an internal street, with the subject property front yard dropping some 10 feet down to Sunshine Lane. To the west side of the subject house is a small utility shed and the septic field. To the east side is the driveway and another small shed. One of the powers and duties of the Board of Zoning Appeals (granted in Section 34.2 of the zoning ordinance) allows that a variance may be authorized as follows: ". . . in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when owing to special conditions a literal enforcement of the provision will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of... exceptional topographic conditions. or other extraordinary situation . . . the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance." Staff opinion is that the strict application of the ordinance would limit some options for additions to the use of the property, but not prevent the use. If a variance is not granted, the owners would have to cut into the rear slope to add onto this house, or, expand by adding a second floor. We find that while granting the variance for this parcel might be in harmony with the intended spirit and purpose of the ordinance, it does not represent a "clearly demonstrable hardship approaching confiscation", since the applicants enjoy reasonable use of the property as a single family residence, for which it is zoned. This hardship is shared generally by other properties in the same zoning district, but not by those in the same vicinity. The general character of this area will not be changed by allowing this addition to be constructed. This subdivision is over forty years old with forty lots, twenty-two of which are developed with single family detached homes. The subject property has been used VA 2007-009, Garrison-Stokes Page 3 October 2, 2007 as a single family dwelling since 1963, some 44 years. Staff opinion is that granting the variance to allow this addition will not change the character of the district. 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: • When building the addition, they can only build on one side, the other side being their septic tank, the back being right up against a mountain and the front side being a steep grade. As stated in the description of the property, staff agrees with most of the applicant's characterization of the property conditions. However, not all of these conditions are insurmountable and the addition is not necessary for reasonable use of the site. While the septic tank limits additions on the other side and the setback and slope limits additions to the front, an addition to the rear could be possible, as could an addition to the east side of 12 feet, wrapping around to the rear of the house. The applicant has obtained an estimate for excavation that would be needed to accomplish the addition in the rear, a total that exceeds $32,000.00 (attached). This would involve disturbance of a steep slope, for which a waiver would have to be sought. Staff does agree that some alternative additions would be more difficult to build, however, we maintain that an addition is not necessary for reasonable use of the property. 1. The applicant has not provided sufficient evidence that the strict application of the ordinance would produce undue hardship. It is not approaching confiscation, as the property can continue to be used as zoned and expansion can occur, although not exactly in the manner proposed. Uniqueness of Hardship The applicant notes: • This situation is unique to their property as the other properties in the neighborhood can build to the back side of their houses, unlike themselves. Staff agrees that this is a somewhat unique lot in this particular subdivision in that the lot is the only one that backs up to the mountainside as close as it does. But staff does not agree that the applicant is unable to build to the rear, nor is this unique among properties throughout the Rural Areas zoning district. VA 2007-009, Garrison-Stokes Page 4 October 2, 2007 2. The applicant has provided evidence that the property is unique within this immediate subdivision, but has not demonstrated that their "hardship" situation is not shared generally by other properties in the RA zoning district. Impact on Character of the Area The applicant offers: • By granting this variance it would not change the character of the district as the houses directly in front of their house are not 25 feet from their side property lines, those being 1720, 1715 & 1703 Daybreak Lane, Crozet, VA. They also add that those owners have signed a letter not objecting to the addition. Staff is of the opinion that the variance requested will not negatively impact the character of the area. However, existing nonconformities are not the reason and should not be used as justification for a variance. The immediate area is a small rural subdivision of single family detached dwellings and this will not change as a result of an addition to this residence. 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 two of the three criteria for approval have not been adequately met, staff recommends denial of this request. Should the Board find cause to approve this variance request, staff recommends the following condition: 1. The variance is granted only for the addition of approximately 23 feet by 25 feet as described in this application. Any further additions must meet the applicable set backs at the time of the application. Attachments: A-Application for Variance by applicant, including: --reduced plat, dated 3-30-78, from Deed Book; --Albemarle County Tax Map page 40A, showing parcel; --proposed front elevation; --view of proposed Northeast (right) side elevation; --proposed floor plan, and; --estimate provided to the applicants for excavation, dated 09-06-2007. VA 2007-009, Garrison-Stokes Page 5 October 2, 2007 Attachments (cont.) B-Enlarged applicant's plat with existing sheds and proposed addition added. County GIS Maps: --Aerial photo of site and surrounding property. --Location map with buildings, topography and steep slopes. --Enlarged site map showing steep slopes along rear of house. . . • A. Application for k R Variance �, �` /(Variance=$120 Project Name: C�,��Y�� '`)1(JV1ES � \�� Tax map and parcel: tAbA Af t�1 Magisterial District: lOAkkf-Mk' Zoning: ‘""'� Physical Str`g�,Add ss(if assigned):. z_ �F/ i n�b2�.k" - /'n ^ �c 11``[[�� �`71: SYl l(1 ( �( w t �L Location of property(landmarks,intersections,or other): Contact PTA(Who shopid we call/write concerning this project?): Address socc(q,, City State Zip Daytime Phone(,`1 ) B2I2 (-O ki- Fax#(1.4,34(Tic) O7l3 E-mail il n ( Owner of Record_.)0,y4 co_c/„._.6tze 81� farx-,-&- eamzia- Address City State Zip Daytime Phone( ) Fax#( ) E-mail Applicant(Who is the Contact person representing?): Address V L l City State Zip Daytime Phone( ) Fax#( ) E-m 4 o 4- I D....{. ff. TVt 7 4- o tol-vVA-2007-009 (Sign # 16) Randel Stokes or Pamela Garrison-Stokes (owners/ applicants). Request for variance to reduce west side setback from 25 to 14 feet to allow for addition to house. The Property, described as Tax Map 40A, Parcel 21, is located at 1783 Sunshine Lane in Sunrise Acres, approximately 600 feet off of Route 810, north of Crozet. The property is zoned Rural Areas. FOR OFFICE USE ONLY VA# W' — Iy ORDINANCE� SECTION# 10 , q SIGN# J Fee Amount$ ()..O Date Paid /).7t) _BYUQY�[' whop �. .CAh�1Dikieeceipt# �j� Ck# l By � 14-6 i f ,Q,v►S.J VA-2007-009 (Sign # 16) Randel Stokes or Pamela Garrison-Stokes (owners/ a applicants). Request for variance to reduce side setback from 25 to 14 feet to allow for addition to house. Property described as Tax Map 40A, Parcel 21, is located at 1783 * , . Sunshine Lane in Sunrise Acres, approximately 600 feet off of Route 810, north of Crozet. The property is zoned Rural Areas. . . A . The following information shall be submitted with the application and is to be provided by the applicant: 1) 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 Nat 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) Descri tion of Request(include dimensions,measurements or sizes in feet : rJc "cf X 'c k Xh h4‘u\n c, - U(� \(,� .rcU o ` I r�S y Q t ry0� kut :t rc\ nL., 5) Justification shall be based on these three(3)criteria: 1. That the strict a•.lication of this ordinance would .roduce undue hardshi•. a RIMITAI► ♦ \M \ ` v .r C !.1 . li / L ►L.I I 1 Wi . \ r*rem rs. ko 2. That such hardshi. is not shared:enerall b other .ro•erties in the same zonin:district and the same vicini . �,A‘MT•.1 ME N NCtl ► Wi M�i lSkra I! aragna` mall II ilk „alara ifi effs 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. C' ►cv 4 anftiNc UYSI Ac\ c F4 i 0 t \-‘16%. In- f hcrf5E� c\vice .� m�, .e carte ' cis _ ' ` 1 V LIB A DLO . 1, till ff , t' ‘e- ma -‘5 } y' � A ‘ 4i(1� `I s u�lA ~ `� Owner/Applicant Must Read and Sign `"��►n Th 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. lb, MO lidet 1I PA- 141.L VUlt' 2 ) 20O1 •to - o.=r,Cs".ct Purc aser,Agen g Date c. % li t t 61)- (elk 9 —4408 oar- 982-421 Li Print ame Daytime phone number of Signatory 5/1/06 Page 2 of 2 BOOK 6 5 9 PACED i i 5 / u'r 2. .7 B 6.'0 4.-0 Arl A,.el,•�-. I !/ I Mal•a0'c:9 /O! p , A. fFUUAV) -/RDA, ----- CL IFTON E PLIRRO•✓ I �+ ri 0 B.374 624 O.B 46. 2(XkVfafl/ I ,',MS N a S` a so•'w PS 03 •----___ I. IRON i f IMMOI I I 1 LOr 4 LOT 3 .7 8 629-470 I D8629-472 EC,/P/ O HERRING O 9 473- 85 O.8 462-2OO//+lof.' t,Nf / \\•• !!a•IS'4 R as•rJ•M +R0•70 944.0a IBC re' / Af i ME f•1 IIM[ / !Parr/FRAM! //� , I ICI 40. � / � .�' i i,l'AKt M�vr ---J —1 \\ \ \ \ I \\ -- —— — --F ---- -- \- \ - -- -- • 20' DRIVE -" -- — — --- to -- N BO•1104OMAr le—lE>7 — v/vr —Aas• ae/•!a'M -/t4 o'---,K (mu., I I f,E4�N IAl1r I LOT F 1 LOr E . 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"oy �q 42� 40A-43 "�' \P 40A-36 l , I RP.q,,B 40A-22 40A-18 40A-35 40A 570q 40-17 40A-26 ?,> / \\\ / 40A-19 I/ 40A-34 03 / 40A-13 v'o �� AP .0B-62 \/ v , '9) �c,5, 40A 20 40A-14 '7 56-5E 40A-21 _i \ / 40A-7 40A 23 /B63 ._ // $ 40A-15 40A-8 ¶o � -.ate 40A-9 40A-6 \ Y,„j'. 0 40A-10 40A-5 40B 40A-11 40B-64 N _ _ 40A-3 \ 56 5 VA-2007-009 Randel Stokes or N-/ Pamela Garrison-Stokes (owners/ 40A-1 applicants) — -- \ t Tax map 40A,parcel 21 \ ` \ OD \ 5E1 \ "t' 40B-65 56-3 V ° 1 40B-66 5B fi 56A1 z, Part1 40B-67 © 1-01 �� \56A1-01-1 -3A `\_- //40B-68 Tax oo �e 300 Albemarle County 04 Map: Scale 0A 'ieF u- Feet % Note This mep is for display purposes only 71!7189F Snede 2 oo2 Introduction n oad6d onal details Sunrise Acres • : err t! �.!/: . .<'' Ills J.r• T7 t" ' -� r�I- '- �'�F- 4/•7 jam-- Zt• i-.-7 7/1— 4 • _ et, . _i�s.�.� }� y"-Y �f�/�'�r,. -i,G�l`�r ��.�74�.✓_f��' f I%'< �''��'<��rf5•-�-� l' Ti ,� • �.. !.f rr f �.5 4"1_•.c - {-. . ! lj- f_•r x7.q._ � 5� '_ _ 3�- i 7.��y � a77�r —'7J 'Y-' +� - �'" r a T%:!J?�� �`<^1..i, i> >.r•rs'�'• - S !P ,,,.� , 3..ice- , --1% sf% -y. < > > C r3'_-3,-3 i-....,y ri ' 'i J -'1-4-r x3,_ c s rr 5� � r - -c:f3' s 74Jt xi 'j- �r'! . -- a r}-� � .,�- !t/ �.L ,�ti��i f i'477^ f I17� , <• ���T' y.S�'' L --r `c{ t¢�,'_�; -f ''f�fxyat',S''S �SS� t.� �+_jtf .f-ay '(77 ` '.�''�" i %- �r _ 4.-'f$'f.��r' Ur''y I 4'Jr7 } .7r !; 3 f' 7`. •I, ,3Tr/ ,- �S <���{i a, .. -.----- _ _- �� _ -r--7T1- �� ,, �iJ y�3� 3 �/3 �ji �`t� f T/ ytJj7�rs ' 3t�, �, " - ®® _ _ _�,= ——— y !_ fr =-- ---_ -- = Mil _ --- .----. =------------ --_-:ill WI ----- - __ -,_. _.__ _ --i- HI ---E____--- 1, :::::::::_______:::=a--------- --------------------------- _-__. _________1-12__1_11_1:__-: 7--:-.---.":-------1 i --:::-------:1::::::-.------1-11:::::::::::::--------:JI I II1 Front Elevation (Proposed) • 77 Northeast (right) side of house >111 • O N cv O ti • 4 22-8, 7'-O 31/2" N 7-0 31/2r, 7-9 -- - - _ - I- 3'-6" , 3,_6„ y-71/2" 4'-41/2" I r 3'-101/2" 3'-101/2�, -7 846 II teas I'• zasa f- t �i/��, \ II ---- i LAUNDRY -__71 I 1 T-0"x 9'-6" 1 Os s 2'-1 `�I BATH / CLOSET I VJ :, I I Z � j • i IO `illY- I I 2868 i 2868 2868 NEW DOOR , I N 1 ACTA A l I I ° —L_ 'HALL _ I-- rn, : O I(Inn I *_ 2868 ,---_ V , �;� : lj ...1 i :. ' 1 t rnI .1- c ci I 1t 7 1 T / MASTER BD1ZM REMOVE EXIST.WINDOW- 14'-O"x 14'-O" I 1 1 - INSTALL FRENCH DOC o,� 1.' - 9 p, ♦ ►ii STUDY i ,I 8'-0"x 9'-9" s a `, 1 , a I E Front Door 3068 r j! i,�— _ __ _ ' 1 I c .12346 2646 2846 ' i- i -_i s N ' 4-0 N 4 µ00. ` 3'-6"p 7'-01/2" 14 3-6' 0. i i! " N LIVING AREA ---DECK__ _._ .__--�z,_3" 4 8-O 31 /2 14-01/2 4 I 7-4„x 3'-6" — r -s ► . 1059 sot ft ij I I Proposed Floor Plan i_. 1 io'RODF—ItMAN A, ,7 PWBIeERS To The Rescue" ROOTER-MAN of Charlottesville•P.O. Box 353• Earlysville, VA 22936 Phone:434-963-7668 Pam Garrison 09-06-07 1783 Sunshine lane Crozet,Va. 22932 434-823-5167 The following proposal for expansion to the rear of existing property will require intensive excavation based on the length and width needed for this addition.After inspecting the property and near by out- crops of rock, we are proud to provide you with this cost estimate. The area of cut is approx.40'X30' allowing the contractor enough room for waterproofing and final grade,with an average cut of 11' making the cut quantities 586 cubic yards.This doesn't include any footings or boring. Cut& Excavate and Haul $14,853.00 Estimated Rock Removal using Hoe-Ram only $18,000.00 This price excludes any retaining walls, drainage pipes, unforeseen problems, utilities. Estimates may very base on actual time used and quantities Total Estimate $32,853.00 Sincerel obby President • 4' BOOK 6 5 9 rail() ; 6 5 �. O B �57- J/5,J�6 ,�'L 4 71 f/ I NSI ° 3o'r /os o (rowel)) is as, lri FTON E FURRC 1 74-624 D. 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