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Home My WebLink AboutVA200700009 Plan - Approved 2007-10-02 ,s�of A 1, e ,ki TIN, .8 o.-,..., :_, 1 ,-;--(,-,.,,7 r,,,?,-,,,, COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax(434)972-4126 October 8, 2007 Randel Stokes or Pamela Garrison-Stokes 1783 Sunshine Lane Crozet, VA 22932 RE: Board of Zoning Appeals Action VA-2007-009 Randel Stokes or Pamela Garrison-Stokes (owners/applicants) Tax map 40A, parcel 21 Dear Mr. and Mrs. Stokes: At their meeting on October 2, 2007, the Board of Zoning Appeals voted 4-1 to approve your variance request 2007-009, to reduce the side setback from 25 to 14 feet to allow for an addition to the house. This approval is subject to 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. If you have any questions, please feel free to contact our office. Sinc y, Ronald Higgins, AIC Manager of Zoning Administration STAFF PERSON: Ron Higgins PUBLIC HEARING: September 11, 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 west 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. 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 west 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. 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 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 less than 75 feet, with the subject property front yard dropping some 10 feet down to Sunshine Lane. To the east side of the subject house is the driveway and septic tank. VA 2007-009, Garrison -Stokes Page 2 September 11, 2007 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 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. VA 2007-009, Garrison -Stokes Page 3 September 11, 2007 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 limits additions to the front, an addition to the rear could be possible, as could an addition to the west side of 12 feet, wrapping around to the rear of the house. The applicant has not pursued any request for an alternative location for the addition or the addition of a second floor. Staff does agree that some alternative additions would be more difficult to build. 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. 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 a 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. VA 2007-009, Garrison -Stokes Page 4 September 11, 2007 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 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. Application for Variance Variance = $120 Project Name: C��il � `` ) � �05M Tax map and parcel: �� ` Magisterial District: Zoning: Physical Street Address (if assign: ) Location of property (landmarks, intersections, or other): Contact R s (Who sho ld we call/write conce nin thisproject?): Address CityState Zip Daytime Phone - Fax # ( q -M,13 E-mail 1 Owner of Recor Address City State Zip Daytime Phone Fax E-mail Applicant (Who is the Contact person representing?): Address City State Zip Daytime Phone Fax # ( ) E-mail VA -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 # r; 1C /—�Jc�ORDINANCC,,`C�ESECTION # ��f SIGN # _ Fee Amount $ � Date Paid By who? f`, &Uy ,�j�D�.Receipt # 6 Ck#Eill By: �. T2s u County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 5/1/06 Page 1 of 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 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. 5) Justification shall be based on these three (3) criteria: 2 That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. � _ . , n _ - � _ _ r � _ l 1 _ n _ _ _ ` _ ,.., . - r � ^ _l1 \....✓ In.ww\1 f \,� aA \ rte, t �. \ d4 .-1�"'� \ 1 �6>c: U \('i',° 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. P.° °. c it — - r .- -,. -- -^ - — , N ,.-. C i C llmt tVv-v.,,, V A�/ 77 K k V, 7, °a J� c�F-c 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. Date Daytime phone number of Signatory 5/1/06 Page 2 of 2 14 13B �18 3 40*4 40A 39 Ssl y&t 40A-43 40-17 4 0A 13 OB -62 2b� �O� „40A 40A 7 56-5E ��'r��gg��'� 40'Ar 21 c _ q 40A 23 s f '-40B-63 r � r 40X9" ! 406-64 — .i"•\ F 565, M VA -2007-009 Randel Stokes or Pamela Garrison -Stokes (owners/ 4oA `1 applicants) 810 Tax map 40A, parcel 21 \ . 5E1 \ 40B-65 Y 56-3 'f 40B-66 F> e 5A f, 40B-67 �8e '�56A1-01- 1 3B '"6A1 -01--3A 40B-68 Scale Albemarle Count Tax map: a ,eo soa Sea Y 040A Feet" 2' Note., This map is fordisplay purposes only K : 1� and shows parcels as of 1213112 006. Sunrise Acres .:. See Ma Book Introduction for additional details. IIV -91"-- M RIF, E C 40 Q �' oo "\ a 0 OA O (T? low 0 tco 0 0 m 0 vq C) IRMIA 0 4 "WE