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HomeMy WebLinkAboutVA201100001 Review Comments 2011-04-12 Barracks West LLC Variances VA2o11 - ooi o BOARD OF ZONING APPEALS TUESDAY, APRI Li t , 2011 Applicants' Request 0 TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from the following Sections of Chapter 18 (Zoning Ordinance) of the Albemarle County Code to aflow for the re-subdivision of the 133 existing townhouse- style units in the Barracks West Development. The specific variances requested are as follows (please refer to the Variance Exhibit for locations) : Variance of Section 4.6.1.a for the entirety of Block K, to require/allow no street frontage. Variance of Section 2.1.5, Section 4.11.3.A.3 and Section 18.3 to reduce required yards as follows: • For Block D, Lots A through I reduce the required front yard from 25 ft. to i8 ft., a variance of 7 feet; Applicants' Request cont.0 o For Block H, Lots A through H reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; o For Block I, Lot H reduce the required side yard from 6 ft. to o ft., a variance of 6 feet; o For Block J, Lots A through D reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; o For Block J, Lots B, C and D reduce the required rear yard from 20 ft. to 13 ft., a variance of 7 feet; o For Block J, Lot D reduce the required side yard from 6 ft. to o ft., a variance of 6 feet; o For Block L, Lot G reduce the required front yard from 25 ft. to 14 ft., a variance of 11 ft.; Applicants' Request (cont.) 0 o For Block L, Lot H reduce the required front yard from 25 ft. to 7 ft., a variance of i8 ft.; o For Block M, Lot 7 reduce the required rear yard from 20 ft. to i8 ft., a variance of 2 feet and the side yard from 6 ft. to 4 ft., a variance of 2 feet; o For Block 0, Lot 1 reduce the required side yard from 6 ft. to 2 ft., a variance of 4 feet. Yard reductions may vary slightly because their associated lot lines may need to move to conform with changes to the proposed private street lines required by the County Engineer. Relevant History 0 Built in late 1960's-early 1970's as 364 unit Old Salem Apartments under old R-3 zoning at 19.82 units/acre (R-3 allowed up to 20 units/acre). December, 1980 zoning of R-15 allowed up to 15 units/acre, making this non-conforming. All units "divided" as condos in 2006. Owners now having difficulty with Fannie Mae/FHA financing of condos unless on separate lots. Proposed 133 Townhouse lots create setback and frontage violations. Criteria & Qualifying Conditions 0 Sec. 34.2 requires: Undue hardship demonstrated; hardship not shared generally by other in same zoning district and vicinity; not be of substantial detriment & not adversely affect character of district. Va. Code Sec. 15.2-23o9 says: "When a property owner acquires in good faith and where by reason of. . .exception topographic conditions or other extraordinary situation or condition. ..strict application. ..would effectively prohibit or unreasonably restrict the utilization of the property. . . Applicants' Justification & Staff Comment 0 Applicants state: "Therefore, the strict application of the ordinances poses an undue hardship by depriving the owners a conventionally-recognized form of ownership — the townhouse lot — that is otherwise permitted by law. This form of ownership is supported by the statutes of the Commonwealth of Virginia as well as the County of Albemarle ordinances." Staff Response: Site has been used for some 40 years as 364 units. While the applicant has not provided evidence that the strict application of the ordinance would produce undue hardship to the point of denying this applicant reasonable use of the land, they may have a case of an "extraordinary situation" unreasonably restricting the use. Applicants' Justification & Staff Comment 0 ...._ Applicants note: "Barracks West is an anomaly in several respects. The neighborhood is zoned R-15, but exists outside of the growth area of the Comprehensive Plan. We find no examples of similarly situated properties in the same zoning district or in the same vicinity that are or have been precluded from being subdivided as townhouse lots. Therefore, granting this variance application will not likelycreate a broaderprecedent throughout the County." g Y Staff Response: Staff agrees that R-15 zoned developments in the vicinity and even elsewhere in the countyeither have been divided alreadyor are configured ured in such a waytat the setback and frontage issue are not .fig .�' 9 present. Also, other similar developments, such as the Huntwood Townhouses to the east, were approved with little or no frontage on public or private roads. The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Applicants' Justification & Staff Comment 0 Applicants offer: "The effect of the variance will be to allow a subdivision involving existing structures and improvements. No new structures or improvements will be permitted by granting of this application. The physical characteristics of the property and improvements will exist as they have for nearly forty years - unchanged." Staff Response: Staff agrees that the approval of the requested variances will not change any of the Barracks West development physically. The only change will be in the form of ownership for some of the units. 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 0 Since not all of the three criteria have been met, staff must recommend denial of this request. However, if the Board finds that the criteria for granting a variance have been met, staff recommends the following conditions: 1. No additional dwelling units shall be permitted in the Barracks West Development beyond the 364 total units existing. 2. The total land area of the Barracks West Development shall not be reduced below the 19.406 acres existing. Applicants' Variance Exhibit 0 _ ,.... sag.r go i 4 0.4.1),•vdt,'' ;Mgr i 44444.°if, �9a,.� , i ,,,iicar i \ iTc-A\I g:_, ic,/yie-7.--7. , ___,,, .1. - '--A \,, \\ , , --4114--a 4°- ) v39-0in., pat .1. VAnallt 41 \ \V\ woa v \ cavort LeoEw a w.w.oea..r c=_.,.....e,wrM ..y.., • ,A...,.....a... Ailol 41 BARRACKS WEST TOWNHOUSES r „,) ...... ate., VARIANCE EXHIBIT JACK JOUETI MAGISTERIAL DISTRICT 11 II.A TES ALBEMARLE COUNTY VIRGINIA ...,,...w ., Location & Context Map 0 c is: •t'G�pRG litill air 4. 1‘1111 t° 127 Li iii41-. 7 dk/ tip>r VW iily r"ii/y2f/ II / / i '//11 AT' \ \ 'C .). / a ill; (ii Z..... olivenvii / ilk 2 y� -- y ...,:i if 5 41,440, q� z �SSwH-HIL1 e.w...1.412. � 174T OF I .x9-% C STAFF PERSON: Ronald L. Higgins, AICP BZA PUBLIC HEARING DATE: April 12, 2011 STAFF REPORT: VA-2011-007 OWNER/APPLICANT: Barracks West LLC & Cheetah Investment Company LLC TAX MAP/PARCELS. 60A, Section 2, Parcels 6170A through 68109 ZONING R-15, Residential ACREAGE: 19.406 acres LOCATION: 2617-2699 Barracks Road, on the north side just west of Georgetown Road. TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from the following Sections of Chapter 18 (Zoning Ordinance) of the Albemarle County Code to allow for the re-subdivision of the 133 existing townhouse-style units in the Barracks West Development. The specific variances requested are as follows (please refer to the Variance Exhibit for locations): 1.) Variance of Section 4.6.1.a for the entirety of Block K, to require/allow no street frontage. 2.) Variance of Section 2.1.5, Section 4.11.3.A.3 and Section 18.3 to reduce required yards as follows: a.) For Block D, Lots A through I reduce the required front yard from 25 ft. to 18 ft., a variance of 7 feet; b.) For Block H, Lots A through H reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; c.) For Block I, Lot H reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet, d.) For Block J, Lots A through D reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; For Block J, Lots B, C and D reduce the required rear yard from 20 ft. to 13 ft., a variance of 7 feet; For Block J, Lot D reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet, e.) For Block L, Lot G reduce the required front yard from 25 ft. to 14 ft., a variance of 11 ft.; For Block L, Lot H reduce the required front yard from 25 ft. to 7 ft., a variance of 18 ft.; f.) For Block M, Lot 7 reduce the required rear yard from 20 ft. to 18 ft., a variance of 2 feet and the side yard from 6 ft. to 4 ft., a variance of 2 feet; g.) For Block 0, Lot 1 reduce the required side yard from 6 ft. to 2 ft., a variance of 4 feet Yard reductions may vary slightly because their associated lot lines may need to move to conform with changes to the proposed private street lines required by the County Engineer Variance Report, VA 2011-001 2 April 12, 2011 RELEVANT HISTORY: The Barracks West complex was originally constructed in the late 1960's/early 1970's as the Old Salem Apartments, consisting of 133 townhouse style units and 231 apartment style units for a total of 364 units in 24 residential buildings on 19.406 acres. At that time the land was zoned "R-3" in the pre-1980 zoning with the total allowable density of 20 dwelling units per acre The density of the development is 19.82 dwelling units per acre. In December of 1980, new zoning designated this site as R-15 Residential, allowing up to 15 dwelling units per acre, thus making this site non-conforming as to density. In 2006, all of the units were "divided" out and converted to condominium units with common land. This conversion did not affect the nonconforming density. In the past year, the owners of the Barracks West development have experienced considerable difficulty selling units to families who need Fannie Mae or FHA insured mortgage assistance because those regulations effectively preclude such owners from living in their units without being on separate discrete lots. These regulations do not apply to fee simple lots with townhouses. Therefore, the development owners have been trying to create fee-simple lots for the 133 townhouse units so that their owners can qualify for such loans. In attempting to create the townhouse lots, the owners have encountered some physical constraints that make it impossible not to violate some setback and frontage requirements. During this time, County staff has advised the owners that applying to rezone the property to one of the Planned Development districts, if successful, could eliminate the need for the variances. Planned Development districts allow for the setback and frontage standards to be set for that development as part of the zoning. This would have to be approved by the Board of Supervisors and not the Board of Zoning Appeals. However, the applicants have opted not to pursue this option. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel contains a total land area of approximately 19 4 acres and is improved with 24 buildings consisting of 133 townhouse condos and 231 apartment condos. A variance is requested from various setbacks for buildings in the Residential R-15 district and for required road frontage for lots in the R-15 district. Section 34.2 of the Albemarle County Code (zoning ordinance) provides that no variance may be authorized unless the board of zoning appeals finds: (a) that the strict application of the zoning 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. Section 15.2-2309 of the Virginia Code states: "When a property owner can show that his property was acquired in good faith and where by reason of the exceptional Variance Report, VA 2011-001 3 Apnl 12, 2011 narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, 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 the ordinance." APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicants comment that the variance is necessary to avoid undue hardship in providing for "the availability of for sale, affordable housing in Albemarle County". After providing the history of the development and some specifics regarding financing difficulties, they further state: • "Therefore, the strict application of the ordinances poses an undue hardship by depriving the owners a conventionally-recognized form of ownership — the townhouse lot —that is otherwise permitted by law This form of ownership is supported by the statutes of the Commonwealth of Virginia as well as the County of Albemarle ordinances." Staff is sympathetic to the applicants' request and agrees that the need for affordable owner-occupied housing is important However, demonstration of a "hardship"means that one could not make use the property without the variance being granted. In this case, the 364-unit development has been used for some forty years and continues to be in use as originally zoned, even beyond the density of the present R-15 zoning. The Board would have to determine that the financing "hardship"can be seen as an "other extraordinary situation"that could "unreasonably restrict the use of the property". The financing obstacles have created a situation where low to moderate potential homeowners cannot qualify for loans to purchase the townhouses to live in. 1. While the applicant has not provided evidence that the strict application of the ordinance would produce undue hardship to the point of denying this applicant reasonable use of the land, they may have a case of an extraordinary situation unreasonably restricting the use. Variance Report, VA 2011-001 4 April 12, 2011 Uniqueness of Hardship The applicants note • "Barracks West is an anomaly in several respects The neighborhood is zoned R- 15, but exists outside of the growth area of the Comprehensive Plan. We find no examples of similarly situated properties in the same zoning district or in the same vicinity that are or have been precluded from being subdivided as townhouse lots. Therefore, granting this variance application will not likely create a broader precedent throughout the County." Staff agrees that R-15 zoned developments in the vicinity and even elsewhere in the county either have been divided already or are configured in such a way that the setback and frontage issues are not present. Also, other similar developments, such as the Huntwood Townhouses to the east, were approved with little or no frontage on public or private roads. 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 applicants offer: • "The effect of the variance will be to allow a subdivision involving existing structures and improvements No new structures or improvements will be permitted by granting of this application. The physical characteristics of the property and improvements will exist as they have for nearly forty years — unchanged." Staff agrees that the approval of the requested variances will not change any of the Barracks West development physically. The only change will be in the form of ownership for some of the units. 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. Variance Report, VA 2011-001 5 April 12, 2011 STAFF RECOMMENDATION: Since not all of the three criteria have been met, staff must recommend denial of this request. However, if the Board finds that the criteria for granting a variance have been met, staff recommends the following conditions: 1 No additional dwelling units shall be permitted in the Barracks West Development beyond the 364 total units existing. 2. The total land area of the Barracks West Development shall not be reduced below the 19.406 acres existing. Attachments: A — Barracks West Townhouses - Variance Exhibit B -- Location map showing context of site and adjacent properties. C -- Aerial photo. Legend (Note.Some Items on map may not appear In legend) r v. _/ ~•, ,••C ' it ?\ / At tso .cn rRi, , —nor �v J� iv�- / M r <`'tGN ber Aa o k.. .I C:,. I* , 4 v. Ti4 id Ntt.p.,4_ ri ir-&, tili 14, , iiii la at 1 11 -,. `C ,' NpL 0...sans fil 4 E 47; * ‘...,,,Ns. 0,,,, ti /,- 41/ I , aro Ven DR ... .Z ; a t O vim' 2 FOR ! + re. ZO Cti st., -+ z # 4a 40) _ °f'_ v<2— \ O � o 4� GeograPGS-DWD Seces f ` \ ec vn(434)AN a)Uemade.org 296-5832 41. O ::::;11LLS. iA½ `�F4 . ri°"$*4 1O0-4 044%F to ., ,.k ,.1 RDG ' •-V-'1'i1‘1.-,1-'1-‘;4. )lif14fIr AN kk ''' to4\I.,\\,s Map is for Display Purposes Only•Aerial Imagery Porn the Commonwealth of Virginia and Other Sources April 1.2011 • STAFF PERSON: Ronald L. Higgins, AICP BZA PUBLIC HEARING DATE: April 12, 2011 STAFF REPORT: VA-2011-001 1 OWNER/APPLICANT: Barracks West LLC & Cheetah Investment Company LLC TAX MAP/PARCELS: 60A, Section 2, Parcels 6170A through 68109 ZONING: R-15, Residential ACREAGE: 19.406 acres LOCATION: 2617-2699 Barracks Road, on the north side just west of Georgetown Road. TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from the following Sections of Chapter 18 (Zoning Ordinance) of the Albemarle County Code to allow for the re-subdivision of the 133 existing townhouse-style units in the Barracks West Development. The specific variances requested are as follows (please refer to the Variance Exhibit for locations): 1 .) Variance of Section 4.6.1.a for the entirety of Block K, to require/allow no street frontage. 2.) Variance of Section 2.1.5, Section 4.11.3.A.3 and Section 18.3 to reduce required yards as follows. a.) For Block D, Lots A through I reduce the required front yard from 25 ft to 18 ft., a variance of 7 feet; b.) For Block H, Lots A through H reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; c.) For Block I, Lot H reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet; d ) For Block J, Lots A through D reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; For Block J, Lots B, C and D reduce the required rear yard from 20 ft. to 13 ft., a variance of 7 feet; For Block J, Lot D reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet; e.) For Block L, Lot G reduce the required front yard from 25 ft. to 14 ft., a variance of 11 ft., For Block L, Lot H reduce the required front yard from 25 ft. to 7 ft., a variance of 18 ft.; f.) For Block M, Lot 7 reduce the required rear yard from 20 ft. to 18 ft., a variance of 2 feet and the side yard from 6 ft. to 4 ft., a variance of 2 feet; g.) For Block 0, Lot 1 reduce the required side yard from 6 ft. to 2 ft., a variance of 4 feet. Yard reductions may vary slightly because their associated lot lines may need to move to conform with changes to the proposed private street lines required by the County Engineer. Variance Report, VA 2011-001 2 April 12, 2011 RELEVANT HISTORY: The Barracks West complex was originally constructed in the late 1960's/early 1970's as the Old Salem Apartments, consisting of 133 townhouse style units and 231 apartment style units for a total of 364 units in 24 residential buildings on 19.406 acres. At that time the land was zoned "R-3" in the pre-1980 zoning with the total allowable density of 20 dwelling units per acre. The density of the development is 19.82 dwelling units per acre. In December of 1980, new zoning designated this site as R-15 Residential, allowing up to 15 dwelling units per acre, thus making this site non-conforming as to density. In 2006, all of the units were "divided" out and converted to condominium units with common land. This conversion did not affect the nonconforming density. In the past year, the owners of the Barracks West development have experienced considerable difficulty selling units to families who need Fannie Mae or FHA insured mortgage assistance because those regulations effectively preclude such owners from living in their units without being on separate discrete lots. These regulations do not apply to fee simple lots with townhouses. Therefore, the development owners have been trying to create fee-simple lots for the 133 townhouse units so that their owners can qualify for such loans. In attempting to create the townhouse lots, the owners have encountered some physical constraints that make it impossible not to violate some setback and frontage requirements. During this time, County staff has advised the owners that applying to rezone the property to one of the Planned Development districts, if successful, could eliminate the need for the variances. Planned Development districts allow for the setback and frontage standards to be set for that development as part of the zoning. This would have to be approved by the Board of Supervisors and not the Board of Zoning Appeals. However, the applicants have opted not to pursue this option. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel contains a total land area of approximately 19.4 acres and is improved with 24 buildings consisting of 133 townhouse condos and 231 apartment condos. A variance is requested from various setbacks for buildings in the Residential R-15 district and for required road frontage for lots in the R-15 district. Section 34.2 of the Albemarle County Code (zoning ordinance) provides that no variance may be authorized unless the board of zoning appeals finds: (a) that the strict application of the zoning 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. Section 15.2-2309 of the Virginia Code states: "When a property owner can show that his property was acquired in good faith and where by reason of the exceptional Variance Report, VA 2011-001 3 April 12, 2011 narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, 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 the ordinance." APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicants comment that the variance is necessary to avoid undue hardship in providing for "the availability of for sale, affordable housing in Albemarle County". After providing the history of the development and some specifics regarding financing difficulties, they further state: • "Therefore, the strict application of the ordinances poses an undue hardship by depriving the owners a conventionally-recognized form of ownership — the townhouse lot — that is otherwise permitted by law This form of ownership is supported by the statutes of the Commonwealth of Virginia as well as the County of Albemarle ordinances." Staff is sympathetic to the applicants'request and agrees that the need for affordable owner-occupied housing is important. However, demonstration of a "hardship"means that one could not make use the property without the variance being granted. In this case, the 364-unit development has been used for some forty years and continues to be in use as originally zoned, even beyond the density of the present R-15 zoning. The Board would have to determine that the financing "hardship" can be seen as an "other extraordinary situation" that could "unreasonably restnct the use of the property" The financing obstacles have created a situation where low to moderate potential homeowners cannot qualify for loans to purchase the townhouses to live in. 1. While the applicant has not provided evidence that the strict application of the ordinance would produce undue hardship to the point of denying this applicant reasonable use of the land, they may have a case of an extraordinary situation unreasonably restricting the use. Variance Report, VA 2011-001 4 April 12, 2011 Uniqueness of Hardship The applicants note. • "Barracks West is an anomaly in several respects. The neighborhood is zoned R- 15, but exists outside of the growth area of the Comprehensive Plan. We find no examples of similarly situated properties in the same zoning district or in the same vicinity that are or have been precluded from being subdivided as townhouse lots. Therefore, granting this variance application will not likely create a broader precedent throughout the County " Staff agrees that R-15 zoned developments in the vicinity and even elsewhere in the county either have been divided already or are configured in such a way that the setback and frontage issues are not present Also, other similar developments, such as the Huntwood Townhouses to the east, were approved with little or no frontage on public or private roads. 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 applicants offer • "The effect of the variance will be to allow a subdivision involving existing structures and improvements. No new structures or improvements will be permitted by granting of this application. The physical characteristics of the property and improvements will exist as they have for nearly forty years — unchanged." Staff agrees that the approval of the requested variances will not change any of the Barracks West development physically. The only change will be in the form of ownership for some of the units. 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. Variance Report, VA 2011-001 5 Apnl 12, 2011 STAFF RECOMMENDATION: Since not all of the three criteria have been met, staff must recommend denial of this request. However, if the Board finds that the criteria for granting a variance have been met, staff recommends the following conditions. 1 . No additional dwelling units shall be permitted in the Barracks West Development beyond the 364 total units existing 2 The total land area of the Barracks West Development shall not be reduced below the 19.406 acres existing. Attachments A — Barracks West Townhouses - Variance Exhibit B -- Location map showing context of site and adjacent properties. C -- Aerial photo. \ /J BLOCK'L' BLOCK"-I' \ /� \ SCALE.1•=20' '� SCALE:r,20 � \ / \ vARMwcE VARIANCE TO REDUCE THE REQUIRED FRONT YARD FOR LOT O FROM \ TO REDUCE THE REQUIRED FRONT YARD FOR __��- \ / �. O \ BLOCK"K" 25'TO APPROXIMATELY 14' LOTS A THROUGH D FROM 26 TO � * SCALE 1•=30' itio �. �,•� APPROXIMATELY 17 •# �� Ii \ / �*.k OE 1 VARIANCE TO REDUCE THE SEQOIAPPROIOMATELY TFOR LOT H FROM . , 70 REDUCE THE REWIRED REAR YARD FOR FINra '� D TO REWIRE NO STREET FRONTAGE © \� 4 iLOTS B,C AND D FROM ID'TO 13' , I �. 4 �. /� t ��. 0 O> ,� 0 I 70 REDUCE THE D FRWOMIROM OE YARD FOR I BLO , r'g �� p•H��� / / — IVe,ipII�I i �� airmarneasene , O - FAkwi�'`' F �'��I BLOCK"I' �II���f.f�J�—7 �' v �,I qi0 �..• SCALE:1••20' 0 3 SPPACE3ATE �*•A• / �%`'1� .=1 ` iI�lli••_i TO REDUCE THE REQUIRED SIDE / YARD FOR LOT H FROM 6 TO D O / BLOCK'H' PRIVATESTREET•R / SCALE:V,xi • x.w .. VARIANCE / 7 i/ A ce s a vc i';' \�vcs� TO REDUCE THE REQUIRED FRONT \ /_ i, - ''''j es =e YARD FROM 25'TO APPROXIMATELY 17 - / �p \ h p ,, -- / \ \ / !„- `,' S l,ilt • ..: .. IIIM MI ..� f - - , `tea l simmil,.., mom \ / .1,„ ...., ..... „,.. . IP v iL ..„,'.‘` . ir, } ' ,i' . 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' so //.ice -- r BLOCK"Cr SCALE:r•30 VARIANCE `.,• .^,- COLOR LEGEND: TO REDUCE THE REWIRED FRONT YARD FROM / F� d' • 25'TO APPROXIMATELY/g -------'k �T' ) \ \ I-1 PRIVATE STREET ;y 0 ` �t \ Vllial• PARKING EASEMENT V d' t?+�``.a FT = EXISTING BUILDINGS d4 ' ''B / ., 0 ` ;„ PSBL • PROPOSED SETBACK LINE • I' ,1 1R PARCEL ipEMIFlGi1M 1MP / I• . \S p 4/.* 7) .\&\:."-‘.'"1 .,1 ; 1)2,„ \ 11110, - ..1111 '''',5L . 4 i li . ,$'/ / '' 1,07,4A SCALE.1•=20 i 1,., BARRACKS WEST TOWNHOUSES VARIANCE TO REDUCE THE REWIRED SIDE YARD FOR LOT 1 sGIE'1•'q FROM S'TO APPROXIMATELY 2 q a a Kr1m FEET VARIANCE EXHIBIT JACK JOUETT MAGISTERIAL DISTRICT KIRK HUGHES&ASSOCIATES LAND SURVEYORS AND PLANNERS ALBEMARLE COUNTY,VIRGINIA 220 EAST HIGH STREET CHARLOTTESVILLE,VA 22902 JANUARY 28,2011 (434)299-0912 LadeIld (Note:Some items on map may not appear In legend) �R/ wo' * '' --t* / \ /Mq�_, I RQ NbtiPP /y —*Po.,.C.m 14- a 4S'/ 1 k4 irg I 0 .--- ,,_ ,, .0 ,,... _ #.41 1 ...0v Po.c•mniv CM c•�wn.v illipp Ca:ii i s )(go� �PP �so.m cm '�0 .Li)'FORGE. -+e..4.4 'd 1144itisti t''' i it. 19% RD gibt infa Ct% la allrra g wiiiiiW 41111 u ti! ► �. �•• 0.•Bb.m. 654 I O �% t r'el/llff1 0 I r i tove ,...v..* 4111111111t 1 4 .c ..,,` . ff- , / , ,� q/pjC.l.,a$/0 1.' 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' 4t�, 11'. ,t I, ` Uik, a� ((j" _ (434)296-5832 L�JI Ii� 1 r r^ ,' p ',,/ �' +'•�1, f*,i'� t • '9b •• Y,` tt *T +�®t; ♦'�SIgN-FCiLLS;RDc tin* `) f.4 7 , .� trY r/F o , . 7 #''T92,, , yam'•s ) ' ,,. ,, .4: P'• �4' y4'r ff • .{' ...'/ -,-,4 K # „"SOU P '. f A / � it ,5,- tt` • :,i' 1 + { C •r }/ ^ .. { OF t. w 4 *7' ' 1.. .--,, ,,,,,,A'• Nf ( ,.. /. • ir r 3.•4., "in t .,,, it ' ,tJ tea:,.-Ilgiorallitii s� r ,#, J' / e L { if Of F Of j 44. ! N Map is for Display Purposes Only•Aenal Imagery from the Commonwealth of Virginia and Other Sources April 1 2011 • STAFF PERSON: Ronald L. Higgins, AICP BZA PUBLIC HEARING DATE: April 12, 2011 STAFF REPORT: VA-2011-007 OWNER/APPLICANT: Barracks West LLC & Cheetah Investment Company LLC TAX MAP/PARCELS: 60A, Section 2, Parcels 6170A through 68109 ZONING: R-15, Residential ACREAGE. 19.406 acres LOCATION: 2617-2699 Barracks Road, on the north side just west of Georgetown Road. TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from the following Sections of Chapter 18 (Zoning Ordinance) of the Albemarle County Code to allow for the re-subdivision of the 133 existing townhouse-style units in the Barracks West Development. The specific variances requested are as follows (please refer to the Variance Exhibit for locations): 1.) Variance of Section 4.6.1.a for the entirety of Block K, to require/allow no street frontage. 2.) Variance of Section 2.1.5, Section 4.11.3.A 3 and Section 18.3 to reduce required yards as follows: a.) For Block D, Lots A through I reduce the required front yard from 25 ft. to 18 ft., a variance of 7 feet; b ) For Block H, Lots A through H reduce the required front yard from 25 ft. to 17 ft., a variance of 8 feet; Cr) c.) For Block I, Lot H reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet; d.) For Block J, Lots A through D reduce the required front yard from 25 ft to 17 ft., a variance of 8 feet; For Block J, Lots B, C and D reduce the required rear yard from 20 ft. to 13 ft., a variance of 7 feet; For Block J, Lot D reduce the required side yard from 6 ft. to 0 ft., a variance of 6 feet; e.) For Block L, Lot G reduce the required front yard from 25 ft. to 14 ft., a variance of 11 ft.; For Block L, Lot H reduce the required front yard from 25 ft. to 7 ft., a variance of 18 ft.; f.) For Block M, Lot 7 reduce the required rear yard from 20 ft. to 18 ft., a variance of 2 feet and the side yard from 6 ft. to 4 ft., a variance of 2 feet; g.) For Block 0, Lot 1 reduce the required side yard from 6 ft. to 2 ft., a variance of 4 feet. Yard reductions may vary slightly because their associated lot lines may need to move to conform with changes to the proposed private street lines required by the County Engineer. Variance Report, VA 2011-001 2 Aprrl 12, 2011 I RELEVANT HISTORY: The Barracks West complex was originally constructed in the late 1960's/early 1970's as the Old Salem Apartments, consisting of 133 townhouse style units and 231 apartment style units for a total of 364 units in 24 residential buildings on 19.406 acres. At that time the land was zoned "R-3" in the pre-1980 zoning with the total allowable density of 20 dwelling units per acre The density of the development is 19.82 dwelling units per acre. In December of 1980, new zoning designated this site as R-15 Residential, allowing up to 15 dwelling units per acre, thus making this site non-conforming as to density. In 2006, all of the units were "divided" out and converted to condominium units with common land. This conversion did not affect the nonconforming density. ...,L. In the past year, the owners of the Barracks West development have experienced considerable difficulty selling units to families who need Fannie Mae or FHA insured mortgage assistance because those regulations effectively preclude such owners from .living in their units without being on separate discrete lots. These regulations do not c apply to fee simple lots with townhouses. Therefore, the development owners have been trying to create fee-simple lots for the 133 townhouse units so that their owners can qualify for such loans. In attempting to create the townhouse lots, the owners have encountered some physical constraints that make it impossible not to violate some setback and frontage requirements. During this time, County staff has advised the owners that applying to rezone the property to one of the Planned Development districts, if successful, could eliminate the need for the variances. Planned Development districts allow for the setback and frontage standards to be set for that development as part of the zoning. This would have to be approved by the Board of Supervisors and not the Board of Zoning Appeals However, the applicants have opted not to pursue this option. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel contains a total land area of approximately 19.4 acres and is improved with 24 buildings consisting of 133 townhouse condos and 231 apartment condos. A variance is requested from various setbacks for buildings in the Residential R-15 district and for required road frontage for lots in the R-15 district. Section 34.2 of the Albemarle County Code (zoning ordinance) provides that no variance may be authorized unless the board of zoning appeals finds: (a) that the strict application of the zoning 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. Section 15.2-2309 of the Virginia Code states: "When a property owner can show that his property was acquired in good faith and where by reason of the exceptional Variance Report, VA 2011-001 3 April 12, 2011 narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, 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 the ordinance." APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicants comment that the variance is necessary to avoid undue hardship in providing for "the availability of for sale, affordable housing in Albemarle County" After providing the history of the development and some specifics regarding financing difficulties, they further state. • "Therefore, the strict application of the ordinances poses an undue hardship by depriving the owners a conventionally-recognized form of ownership — the townhouse lot —that is otherwise permitted by law. This form of ownership is supported by the statutes of the Commonwealth of Virginia as well as the County of Albemarle ordinances." Staff is sympathetic to the applicants'request and agrees that the need for affordable owner-occupied housing is important. However, demonstration of a "hardship"means that one could not make use the property without the variance being granted. In this case, the 364-unit development has been used for some forty years and continues to be in use as originally zoned, even beyond the density of the present R-15 zoning. The Board would have to determine that the financing "hardship"can be seen as an "other extraordinary situation"that could "unreasonably restrict the use of the property" The financing obstacles have created a situation where low to moderate potential homeowners cannot qualify for loans to purchase the townhouses to live in. 1. While the applicant has not provided evidence that the strict application of the ordinance would produce undue hardship to the point of denying this applicant reasonable use of the land, they may have a case of an extraordinary situation unreasonably restricting the use. Variance Report, VA 2011-001 4 April 12, 2011 Uniqueness of Hardship The applicants note • "Barracks West is an anomaly in several respects The neighborhood is zoned R- 15, but exists outside of the growth area of the Comprehensive Plan. We find no examples of similarly situated properties in the same zoning district or in the same vicinity that are or have been precluded from being subdivided as townhouse lots Therefore, granting this variance application will not likely create a broader precedent throughout the County." Staff agrees that R-15 zoned developments in the vicinity and even elsewhere in the county either have been divided already or are configured in such a way that the setback and frontage issues are not present. Also, other similar developments, such as the Huntwood Townhouses to the east, were approved with little or no frontage on public or private roads. 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 applicants offer • "The effect of the variance will be to allow a subdivision involving existing structures and improvements No new structures or improvements will be permitted by granting of this application. The physical characteristics of the property and improvements will exist as they have for nearly forty years — unchanged." Staff agrees that the approval of the requested variances will not change any of the Barracks West development physically. The only change will be in the form of f ���ownership for some of the units. f ��. 3. The applicant has provided a dence that the authorization of such j will not be of substantial detriment to property and Jh t variance adjacentp p Y the character of the district will not be changed by the granting of the variance. Variance Report, VA 2011-001 5 April 12, 2011 STAFF RECOMMENDATION: Since not all of the three criteria have been met, staff must recommend denial of this request. However, if the Board finds that the criteria for granting a variance have been met, staff recommends the following conditions: 1. No additional dwelling units shall be permitted in the Barracks West Development beyond the 364 total units existing. 2 The total land area of the Barracks West Development shall not be reduced below the 19.406 acres existing. Attachments. A — Barracks West Townhouses - Variance Exhibit B -- Location map showing context of site and adjacent properties. 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DS t.K /10110,-j''' ss e \ v•.s : 1 \\...2--;*---- ; Viz:\ivii_ , ,i 0/ 1117- / /5rde `Lim] P KOOK s BARRACKS WEST TOWNHOUSES — e.N.Korc_ Lp-f' ` Cr4 e ro—,,OK.ro....�.W,R V VARIANCE EXHIBIT umml+ JACK JOUETT MAGISTERIAL DISTRICT KIRK HUGHES t ASSOCIATES .ro•uwveraw,*MO 1.4414.411 ALBEMARLE COUNTY,VIRGINIA o...n.oMIIV..acMeT VA MOP 1 E — j BLOCK"L" BLOCK=2 \\ /' \ SCALE r=2D ,� BLOCK 1' 20' 414114. .p VARIANCE \ ♦ ' VARIANCE h TO REDUCE THE REQUIRED FRONT YARD FOR LOT G FROM _ �, \ TO REDUCE THE REQUIRED FRONT YARD FOR 0 ,� BLOCK"K" 25'TO APPROXIMATELY 14' 4 LOTS A THROUGH D FROM 25'TOSCALE 1'=3D TO REDUCE THE REQUIRED FRONT YARD FOR LOT H FROM L. ® VARIANCE 25'TO APPROXIMATELY 7 • APPROXIMATELY 1T }-�^�'!', \ h /R ��*), j.' \ TO REDUCE THE REQUIRED REAR YARD FOR II, � � \ / °p �� \ TO REQUIRE NO STREET FRONTAGE yOpollD' ! �p0 • LOTS B,C AND D FROM 20'TO 13' I hAA •/ "' - \ , O® 1 TO REDUCE THE REQUIRED SIDE YARD FOR f BLD It" ©, 1��'•- \\ LOT D FROM 6'TO D ll ° 1 ° e' `-:.-�'B /p v IIIJi �O ,#, ...., 1010� C�CG I SF D \ `41OO,''�� �`�' �J,� BLOCK'I' ./�' 3 SPACES 0, .. .', P- ,,q����� \ SCALE 1'=20' �0 PWVATE 6RffET'A' // �.� la / ppd�'�'•• VARIANCE -� Ao.;Ia•4i TO REDUCE THE REQUIRED SIDE �,�.J-- YARD FOR LOTH FROM 6'TO 0' +/ BLOCK"H" PRIVATE MIREET'R / SCALE 1'=32 �'\ �- / ��z� VARIANCE \� / / TO REDUCE THE REQUIRED FRONT /II) \ YARD FROM 25'TO APPROXIMATELY 1 T / ; MI 1.111.111 tt \\ *I\ 1 ____„,,, „..., 111111111111 Will ',,,___>,..._. 4, / ., .., • - -ISO\ lilt) ' y i NIP OM REIM . 11111111 Mil if ------______________-------.„ . 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FROM 6'TO APPROXIMATELY 7 m 6 p SO ,tar VARIANCE EXHIBIT `• " JACK JOUETT MAGISTERIAL DISTRICT KIRK HUGHES&ASSOCIATES LAND SURVEYORS AND PLANNERS 220 EAST HIGH ALBEMARLE COUNTY,VIRGINIA CH220 EAST STREET 22902 JANUARY 28,2011 Applicants ' _ 0 42> ` 111) BLOCK 1' \ I, `ls 1111111LI• � \ / ��O \_ owFwxe .wouweD E.r..o.ow oror♦a. ♦ to ro, .uv.. ro Mule.M 1WOuf1.O PM.rt.MO rowIamx •♦ \ ww♦11♦w ovwol.aros I'•s rIODuCE a.or..no•/• +O r ©f [ � ro w.wca r. ye.wworo. , �n• �!� \1 t ���0��� ro wcoals ror n•wrw.I — r 4•� O OTS IT C MO°MOM MT TO TS TO OW ♦♦a♦♦.e.e.WO Eat *.� 1a i , wr;,� `, ,w. CI Iti°P 55 _Aah-w 1 / 4 . i N I'l$10;4 ,'4,"' it' *4.". •Vol Loglar'1_7/ 1 '/• LOCK:. -..---'---..------...,...„.......,...„, 1..a. ,ILAtra T .... ••••••MEOW ../. ...../............. '''. BLOCK'If T w•w+,,.. / vNINKGa .� / \ TO 11♦000/Of waowTWOCO E / 1 , /j- / _____•----- i ji -7:------21— \ 1 ivy ---__ . 1 L\ , 1 d I/ • 'ti I Fr.,- 4:7) , 1 . • ......_...... 0.1000 .... ___ I „al .... 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