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HomeMy WebLinkAboutVA200700004 Review Comments 2007-05-01STAFF PERSON: William D. Fritz, AICP PUBLIC HEARING: May 1, 2007 VA 2007 -04 Paul S. Mamakos Owner/Applicant: Elven Land LLC Tax Map/Parcel Number: 54A-9 Zoning: RA, Rural Areas Acreage: 0.332 Acres Location: This property is located on the north side of Newtown Road (Route 690) approximately one mile west of Greenwood. The property is bordered on the front by Newtown Road and on the rear by the CSX Railroad. Technical Request and Explanation: The applicant is requesting relief from Section 10.4, Rural Areas, Area and Bulk Regulations and Section 4.1.6, Area and Health Regulations Related to Utilities. These variances are to allow construction of a new two-bedroom house. One of the requested variances is to reduce the side setback from 25 to 5 feet on both sides of the property, a variance of 20 feet. The other variance would allow a (primary and reserve) septic field area for a two 2 bedroom house instead of a three 3 bedroom house. (Section 4.1.6 of the ordinance requires that a septic field be available for a minimum three (3) bedroom house.) The applicant has not prepared building plans or designed the drainfield so no additional information is available regarding the house size or specific drainfield location or design. Section 4.1.6 states: For lots not served by a central sewer system, no building permit shall be issued for any building or structure, the use of which involves sewage disposal, without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement septic disposal fields adequate to serve such use. For residential usage, at a minimum, each septic disposal field shall consist of suitable soils of adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by current regulations of the Virginia Department of Health. Relevant History: This property appears in the County records as early as 1936. In 1971 a 5 foot wide strip of land was transferred from this property to the adjacent parcel (T.M 54A, P. 8A). Property Description and Qualifying Conditions: The Zoning Ordinance in Section 34.2 establishes the review criteria for a variance. Staff will provide comment on the criteria for granting a modification. VA -2007-04 Elven Land LLC May 1, 2007 Page 2 of 5 The ordinance states: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, 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. The applicant acquired the property within the last year. No changes in ordinance provisions have occurred since the owner acquired the property therefore; the owner had the opportunity to be aware of the severe ordinance limitations that affect the development of this property. The property clearly has limitations to development based on its limited size, 0.332 acres and narrow width, approximately 55 feet wide. While this property is steep, topography is not a variance issue as the construction of the first dwelling on this property is exempt from the critical slopes provisions of the ordinance. Without a variance development of this property with any type of structure, except a Personal Wireless Service Facility would not be permitted. Uses not involving a structure such as agricultural or forestal activities would be permitted. Staff acknowledges that the small size of this property does limit the viability of agricultural or forestal activities. However, staff does not find that denial of this variance would approach confiscation. Staff believes that uses other than a residence on the property may exist that do not require a variance. Specifically the ordinance establishes the review criteria to address the above. No such variance shall be authorized by the board of zoning appeals unless it finds: (a) that the strict application of this ordinance would produce undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) 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 will analyze each provision of the ordinance and provide comment. The applicant's justification is also included. Staff comments are in italics. Hardship that the strict application of this ordinance would produce undue hardship The applicant has stated: "(1) Right now it seems we are limited to building a 10' wide house. (2) 50' from each water source would cause hardship due to the fact that this property is only 40' wide." VA -2007-04 Elven Land LLC May 1, 2007 Page 3 of 5 Staff opinion is that a hardship does exist. (Staff believes that the applicant was referring to property line and not water source when providing his justification as no water sources requiring a setback were identified.) Further, staff would note that the property is 55 feet wide and not 40 feet (see attachment B). Application of the full 25 foot side setbacks leaves only a 5 foot wide area available for building. This width is clearly not sufficient area for the construction of a home. While construction of a home on each lot is not necessary for reasonable use, on a property with a building site, it can be considered a reasonable use. The property does not have soils adequate for a three bedroom house. Without a variance for the size of the drainfield, a home could not be constructed on this site. It is staff's opinion that a condition requiring adequate area for a conventional two bedroom drainfield with 100% reserve, will adequately protect the public health if this variance is granted. The size and width of this parcel reduce the uses that can occur on this property. It is staff's opinion that a strict application of the ordinance does produce an undue hardship on the use o� this property. Uniqueness of Hardship that such hardship is not shared generally by other properties in the same zoning district and the same vicinity The applicant has stated: "(1) House on 54A -8A is wider than 10', although the property is of equal width." The house the applicant is referring to is located immediately to the west of this property. This house is located on the property line. Staff can find no records regarding the construction of that house and believes it is non -conforming. Staff opinion is that relatively few lots in this area have the same lot width hardship. Generally, lots are of adequate width to allow construction of a house. The soils on this site are generally shared by other properties in the immediate area. The small size of this property combined with poor soils results in the need for the variance of drainfield size. Other properties have the same soils but with larger acreage they maybe able to provide full drainfield areas. Stafffinds that this properiy does have a unique hardship. Impact on Adjacent Property and District 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. The applicant has stated: "(1) The house to the left (808) is unoccupied. VA -2007-04 Elven Land LLC May 1, 2007 Page 4 of 5 (2) The land in the area will be benefited by an additional beautiful house and growing family in the area. 54A-10 is a nice man very helpful and offers his blessings in our development of the property." Staff opinion is that with appropriate conditions of approval, a reduction in the side setbacks will not be a substantial detriment to adjacent property and that granting the variance will not change the character of the district. Staff has spoken to the owner of the property located to the west of this site. The house on that property is located on the property line (see attachment B). The owner voiced no objection to the proposed variance. The immediate area around this property has several houses located in relatively close proximity to each other. Health Department approval will be required prior to the issuance of a building permit. The review by the Health Department will prevent potential negative impacts on the neighboring properties. Approval of this variance with the conditions recommended by staff would not be of substantial detriment to ad iacent property. Development of this site with a residence would be in keeping with the character of the district and immediate area. Summary and Staff Recommendation: Staff finds that this request satisfies all three criteria. However, staff opinion is that the applicants request to reduce the setback to 5 feet on both sides will result in an inability to access the rear of the lot. The house on Tax Map 54A, Parcel 8A is located in close proximity to the side property line (see attachment B). Maintaining a substantial setback to the west will prevent overcrowding of the land and will allow for access to the rear of the site without the need for an easement on adjacent property. Staff recommends that the setback on the western side of the property (adjacent to Tax Map 54A, Parcel 8A) be established at 15 feet. Staff can support a reduction in the setback to 5 feet on the eastern side of the property (adjacent to Tax Map 54A, Parcel 10). These setbacks provide for an approximately 35 foot wide building envelope. The length of this building envelope is several hundred feet. This will allow for the construction of a dwelling consistent with the character of the area. A further provision for the granting of a variance is: No variance shall be authorized unless the board of zoning appeals finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. Staff opinion is that the condition or situation of the property is not of so general or recurring nature as to make amendment of the ordinance practicable. Therefore, the Board may grant a variance if it finds that the criterion for a variance has been met. Staff recommends approval of this application subject to the following conditions. 1. The minimum setback on the western side of the property (adjacent to Tax Map 54A, Parcel 8A) is established at 15 feet. VA -2007-04 Elven Land LLC May 1, 2007 Page 5 of 5 2. The minimum setback on the eastern side of the property (adjacent to Tax Map 54A, Parcel 10) is established at 5 feet. 3. The drainfield must involve a subsurface absorption field. No surface discharge, including spray irrigation is permitted. The drainfield must handle effluent in drain lines that are absorbed into the soil. Pressure distribution and drip systems are permitted. Only systems with General Virginia Health Department approval are allowed. No provisional systems are allowed. Sand mound systems are not permitted. Attachments A — Tax Map B — Boundary and physical survey plat ATTACHMENT A t. 34A 3� 5dA,5.`4A-e ' I 16A T r & 54A•f k _15 :macV 14 4C SA i^''- �:_ t 54tc4 ' 148 54A-2 15A1 'SA2 E 15A5 13 5401 15A4 `5A3 12 13A Tax Map: Albemarle County oSaA Y Newtown ;, 54-3 54A 1* '68 .. VA.�pp7_pg4 Elven Land LLC (owner/applicant) Tax map 54A, parcel 9 x; P 7 t t: �rx 59t - r4j t t 64A 1 i{ .. 64A, 4,- 54R r-2 Ai 21 t�� W-23,1; 5 �` � � F `', r r t .: "" .. 54Af r 54A-17 F 54A-fe- -�--- 54A-11 Uk '-^ 5�4Ar r 64A4 -lax t. 34A 3� 5dA,5.`4A-e ' I 16A T r & 54A•f k _15 :macV 14 4C SA i^''- �:_ t 54tc4 ' 148 54A-2 15A1 'SA2 E 15A5 13 5401 15A4 `5A3 12 13A Tax Map: Albemarle County oSaA Y Newtown ;, !M �3 0Ocr : Ja r aaca�..J. 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