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HomeMy WebLinkAboutSUB201300144 Executive Summary 2013-10-07 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: November 13, 2013 SUB201300144—Irvine White Waiver ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Special Exception from Building Site Requirement under CONSENT AGENDA: County Code § 18-4.2.1(b) ACTION: X INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Yes Mr. Benish and Mr. Sorrell REVIEWED BY: LEGAL REVIEW: No BACKGROUND: The applicant owns a parcel land, tax map 47 parcel 13, adjacent to the Rivanna River with an existing dwelling upon it. Immediate access to the parcel extends from a private drive accessed from Proffit Road—the parcel does not have frontage on Proffit Road. Parcel 47-13 is 7.27 acres by tax records and 5.25 acres by deed records. The parcel existed in its present size and configuration in 1980 when the Zoning Ordinance was enacted and no development rights have been utilized since that time. The applicant desires to establish an additional building site area on a portion of the parcel other than that of the existing dwelling site (Attachments A and C). The applicant does not propose to subdivide the parcel. The subject property has development rights, but does not have a second building site that meets the rectangular five (5)to one (1)dimensions. New development would include an additional home site for the applicant. Permitting this additional building site area would allow the applicant to retain the existing dwelling for use as a detached office or guest house. The applicant proposed to remove the kitchen stove from the existing dwelling so that the structure is no longer deemed a dwelling unit. The applicant desires to remove the dwelling unit status of the existing dwelling so that a site plan would not be required if the building site waiver is granted. Retaining the existing dwelling and having an additional dwelling on the parcel would require a site plan (per Section 32.2) because the parcel does not have public road frontage. County Code § 18-4.2.2a. requires that each building site for a dwelling unit shall have an area of thirty thousand (30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds any other ratio of more than five(5) to one(1) as described by a rectangle inscribed in the building site(emphasis added). The building site shall have adequate area for all buildings and structures, two(2)subsurface drainfields approved by the Virginia Department of Health if the lot will be served by a conventional onsite sewage system, parking and loading areas, and all earth disturbing activity related to improvements (among other things). The applicant is requesting a special exception to waive the rectangular five (5)to one (1)dimension requirements of the building site area. According to information provided by the applicant's surveyor(Attachment C), the property has a building site area of approximately 40,000 square feet, however the building site area is not rectangular and has a ratio greater than 5:1. STRATEGIC PLAN: Goal 5: Ensure the health and safety of the community. DISCUSSION: The proposed building site area cannot meet the requirement that each building site be a rectangle of a ratio of no more than 5 to 1. While the applicant can provide over 30,000 square feet in a building site area, it exceeds the 5 to 1 ratio. The location of critical slope,floodplain and property boundaries do not permit a building site area to be a rectangle of less than a 5 to 1 ratio (Attachment B). The applicant's surveyor has field located the critical slope to refine the area of critical slope shown on the County GIS and to provide more space within the building site area that is not in critical slope. In addition, the applicant has confirmed with the Health Department that the proposed building site area meets requirements for both primary and backup subsurface drainfields (Attachment D). The only other site identified that meets the building site area requirements is the location of the existing dwelling which was constructed over 100 years ago. In the absence WHITE SPECIAL EXCEPTION NOVEMBER 13, 2013 BOS 1 of this exception, the applicant would need to significantly alter or demolish the existing dwelling in order to use its building site (Attachment A). County Code § 18-4.2.2(a)(3)authorizes the Board to waive or modify any requirement of County Code § 18-4.2.1(a) by special exception under Sections 33.5 and 33.9 upon consideration of whether(i)the parcel has an unusual size, topography, shape, location or other unusual physical condition; (ii) no unreasonable alternative building site exists; and (iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent parcels than if those dimensions were adhered to. Staff has reviewed the application in accordance with section 18-4.2.2(a)(3)as follows: (i) the parcel has an unusual size, topography, shape, location or other unusual physical condition; The parcel has been in its present configuration for many years and is unusually shaped with steep topography that slopes downward to the Rivanna River. The majority of the land area of the parcel is in floodplain and critical slope. In addition, there is a family cemetery on the property that also reduces the availability of a rectangular building site area. (ii) no unreasonable alternative building site exists;and The applicant has demonstrated that the only reasonable alternative building site to the proposed location is that of the current dwelling. In order to use the existing building site, the present dwelling structure would have to be significantly altered or demolished. If the applicant desires to keep the existing structure as a dwelling, in addition to adding a new dwelling, a site plan would be required. Under current ordinance requirements, no future development on the parent parcel or residue would be permitted without further waivers or modifications from the Board. (iii) modifying or waiving the rectangular shape would result in less degradation of the parcel or adjacent parcels than if those dimensions were adhered to. Waiving the rectangular shape requirement would result in less parcel degradation because the existing dwelling would not have to altered or demolished and as demonstrated by the applicant's surveyor(Attachment C), field run topographic contours provide for additional area outside of critical slope that can accommodate the building site area. Without waiver of the rectangular shape requirements the applicant would need to request critical slope waiver to have a rectangular building site area with dimensions of 5 to 1. This property is located within the County's Rural Areas zoning. The Comprehensive Plan land use recommendation is Rural Area. The Comprehensive Plan states that the limited amount of residential development permitted in the Rural Area should have minimal impacts on rural area resources. The parcel is not within a water supply protection area. In addition, the applicant plans to not have the existing structure serve as a dwelling if the special exception is granted—so only one single family detached dwelling would remain on the property—the existing structure would be an office or for family guests. Staff finds that the strict application of County Code§ 18-4.2 would unreasonably restrict the proposed building site area on the parcel and recommends approval of this request. RECOMMENDATION: Staff recommends that the Board approve the special exception and waive the building site requirement in County Code§ 18-4.2 of the Zoning Ordinance. ATTACHMENTS: A. Applicant's waiver justification dated 10-6-13 B. GIS map showing critical slope, floodplain boundaries, and WPO boundaries C. Sketch Plan of Modified building Site dated 9-17-13, revised 10-9-13 D. Health Department letter Return to consent agenda Return to regular agenda WHITE SPECIAL EXCEPTION NOVEMBER 13, 2013 BOS 2