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HomeMy WebLinkAboutVA201700003 Application 2017-03-22 :.rra Albemarle ( inty CommunityDevelopmentDeparta 401 McIntire Road Charlottesville,VA 22902-4t Voice:(434)296-5832 Fax:(434)972-4 0: Planning Application PARCEL / OWNER INFORMATION TMP 08400-00-00-07100 Owner(s): GOOSSENS, PAUL P& KIMBERLEY L BAUMAN Application # VA201700003 PROPERTY INFORMATION Legal Description I ACREAGE TOMLIN TRACT Magisterial Dist. I Samuel Miller LJ Land Use Primary Forest Current AFD !, Not in A/F District E Current Zoning Primary l Rural Areas [APPLICATION INFORMATION Street Address Entered Judy Martin [ Application Type Variance ' 3/22/2017 Project Paul Goossens & Kimberley Bauman Received Date 03/21/17 Received Date Final • ittal Date 03/21/17 Total Fees Closing File Date • -te Final Total Paid Revision Number Comments %V.-4 *.1‘. • h K Legal Ad niA51141 r): 4j14 0)11 ,10 V' I 11 SUB APPLICATION(s) Type Sub Application Comment APPLICANT/ CONTACT INFORMATION ContactType Name Address CityState Zip I Phone PhoneCf Owner/Applicant GOOSSENS, PAUL P & KIMBERLEY L BAUM .3311 MEADOWFIELD LN CHARLOTTESVILL :22911-915 Primary Contact PAUL GOOSENS 3311 MEADOWFIELD LANE CHARLOTTESVILL 22911 .4342279200 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY VA# L 1 3 SIGN# ZONING ORDINANCE SECTION: Fee Amount$ Date Paid By who? Receipt# Ck#3 By Application for Variance !! lK Variance=$538 to be paid once application is deemed complete FEES for public notice to be paid after application The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by the Board of Zoning Appeals. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $400 and $450 per hearing. This estimate reflects the average cost of public notice fees for Variance applications, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty(50)notices l $215 > Preparing and mailing or delivering each notice after fifty(50) $1.08 for each additional notice+actual cost of first-class postage > Legal advertisement(published twice in the newspaper for each Actual cost public hearing) (averages between$200 and$300) Project Name: Parcel ID Number: 51-1 - Zoning: Physical Street Address(if assigned): Contact (who shouldu_ the main contact about this project): Pc 1 G,0_ ASS�,.ts Street Address 3 3 I Mu, t o t A City Ona r-L7 A-}-eS vl a State ✓A Zip Code Z 2 t Phone Number 1—(3)14 - 2 2 - 9 7 0 v Email (kJ-. a\--e A u b u S 1, ✓Y-t ct c • V Owner of Record: Pc,.,,,( C)�r c- c ' K r- Ler-(-e, 1:3 Street Address 3 l 1 l\A-e-A-A.0 LA).-cre. 1 1_.ar, City C,Lor-I State VP< Zip Code ZZ y 1 I Phone Number t---t 3`-1 27_ el 2-0 o Email ci„c1}�au L uq c( rrt 0lt: . Cor,.. Applicant (if different from the owner): Street Address City State Zip Code Phone Number Email County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Variance Application Revised 11/02/2015 Page 1 of 3 Variance is defined as fol A variance is defined as a reasona.__ _.aviation from those provisions regulatinL shape, size or area of a lot,or the size, height,area,bulk or location of a structure when the strict application of this chapter would unreasonably restrict the utilization of the property,and the need for the variance would not be shared generally by other lots, and provided that the variance is not contrary to the purpose of this chapter,provided that a variance shall not include a change in use. (Albemarle County Code Chapter 18 Section 3) REQUIRED ATTACHMENTS& OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE CONSIDERED COMPLETE AND OFFICIALLY SUBMITTED Nine(9)folded copies of any and all plans or additional information Erne(1)copy of a recorded plat or boundary survey of the property requested for the variance. 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. lJ 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. Written description of your request(include dimensions,measurements or sizes in feet). This is to also include — evidence as noted below. �J As the owner/applicant I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees,and any other charges that constitute a lien on the subject property,which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. Please be aware that the board shall grant a variance if the evidence shows: (i) That strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; (ii) That granting the variance would alleviate a hardship due to a physical condition relating to the property or due to improvements thereon at the time of the effective date of the ordinance; and (iii) All of the following: 1. Good faith acquisition and hardship not self-inflicted.The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance. 2. No substantial detriment.Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area. 3. Condition of situation not general or recurring.The condition or situation 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. Please be aware that the evidence required above needs to be provided by the applicant and should be provided with the written description as noted above. Variance Application Revised 11/02/2015 Page 2 of 3 Owner/Applicant Must Read and i I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude such written co icati from also being sent via first class mail. Zoi Signature of Owner/Applicant Date K.,vkg4 t B AA 'ivv �1 'Goos557vc 'I 34- ZZ3 1.5r0o Print N ne Daytime phone number of ignatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Variance Application Revised 11/02/2015 Page 3 of 3 Board of Zoning Appeals County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA. 22902 Re: Variance Application dated 03/20/2017 Plat 84-71 Dear Members of the Board: We are writing to request a variance regarding building a private residence on our property designated as Plat 84-71 on Craigs Store Road in Afton. (Fig. 1) We find ourselves unable to build on our property without requesting a variance and submit herein the details of our request. Current zoning regulations as outlined in Albemarle County Code Chapter 18 Section 4.2 address critical slopes (stipulated by Albemarle County to be slopes over 25%)with intent stated therein "...to direct building and onsite sewage system locations to terrain more suitable to development and to discourage development on critical slopes..." We have been unable to find a building site "more suitable"due to the challenging sloped topography of our property. We currently reside in northern Albemarle County and after years of researching locations to build a home we were drawn to the Batesville area by the limited business development in the area and we specifically chose our property based on the privacy afforded by its natural topography. The 9.04 acres are entirely wooded and contain a ravine running longitudinally through it, wherein lies a small springhead. The southwest slope of the ravine rises sharply to meet the border with the neighboring property. When we purchased the property we did not know that critical slopes were an issue, much less that this property contained any such designed critical slope areas, and we intended to choose a building site in the less dramatically sloped portion of the property. Prior to purchase of the property, with permission of the seller we pursued drilling a well and though an initial attempt failed despite deep drilling, a successful well was ultimately found in another location. We then had site and soil evaluation performed through the Thomas Jefferson Health District. The environmental health specialist determined the property to be suitable for a sewage disposal system for a four (4) bedroom house and the proposed drainfield area was marked by them with sufficient distance from the well. (Fig. 2) With these primary issues addressed, we purchased the property in September 2015, and have since proceeded with further efforts toward building our home. We have had 3 contractors, 2 landscapers and an architect visit the site with us, none of whom raised any concerns about our ability to build on our property as intended. It was not until the review of initial design sketches that architect first raised the issue of critical slopes to us. Therefore we suspended further formal architectural work as our ability to build on our property came into question. We intend to have a home design that incorporates rather than alters the essential character and features of the property, wishing to be unobtrusive and blending into the natural topography as much as possible. Thus more specific drawings of a home design have not been possible without knowing the exact location of the structure. Due to these concerns we had a more detailed land survey performed and unfortunately found our chosen site to tie in an area designated as critical slope. (Fig. 3- invert for proper orientation) When the stream buffer, well setbacks and all critical slope areas on the property were mapped out, we found ourselves left with only 0.522 acres of build-able area on which to locate a home and septic system. (Fig. 4)As the previously designated septic area occupies a large majority of that area, we considered using that location as a possible alternative site for our home and had a soil engineer evaluate the property to locate an alternative location for a septic field, either traditional or engineered. Their evaluation revealed that there is no other location possible on the property that can serve as an appropriate septic field. So, with the limitation that the septic field must be located where it was marked based on the initial site and soil evaluation, we find ourselves needing to request a variance to build our home on the area that lies upslope to that. (Fig. 5) In this area, the slope varies with the topographic survey indicating ranges from 21.6% to 32.2%, with portions lying well below the 25%slope but some being over that. This property was acquired by us in good faith and the restrictions related to the physical topographic issues unique to our property were unexpected and beyond our control in attempting to build a home on our property. We kindly request a variance to proceed with plans to build in the area we have identified as a homesite as strict application of this chapter of the County Code creates a hardship for us, would prevent us from constructing a home that is reasonably sized and appropriate to the property, and unreasonably restricts our utilization of our property. Due to the unique terrain and characteristics involved we consider this request a reasonable deviation from the provisions set forth in the County Code. Granting a variance would alleviate this hardship and would not be a detriment to adjacent property or nearby properties in the area. In fact, the building site we hope to use would also allow us to build a home that is less obtrusive to those living in the area, lying more deeply within our own property and would allow us to be a better, quieter neighbor in that our home would lie further away from the road and adjacent residences. Our circumstances are not of a general or recurring nature and do not apply generally to other properties in the area so as to make reasonably practicable the formulation of a regulation to be adopted as an amendment to the ordinance. We do very much wish to build our home on our property as we had initially intended and we thank you for your time and consideration in this regard. Respectfully submitted, Ki rley Bauman and Paul Goossens 3311 Meadowfield Lane Charlottesville, VA. 22911 434-227-9200 1 • L9 ' J \\V;s7v. —.7 2.----------:—\\\ ,\3\___./\_ ir/Prolu,....j 1 . I77t2, "-----------\._.__________--------------------'7) u-4b8 co -"` a 848 ft ^� , och 0 • 9. f,. 7cl" �/ `� 812 h tOa+co c S - J//2f/:'/ / ao— .1 \ %dp• s //J �11.968-'�-�'1) , s\ 84.�p / Q ar do '_ N&\,.„'A\\\ . y\ 11498 \ co\*'/11 .•,-.: ‘4 Pc6 ,... ram, 0As \ co 4.,, 0"24:ft 912-ft � 4 �' 44 88: 968: eft k,\:\t_____,., 93 \ Ott "- 976 96SC=11:Z£01.=11:9£OL�.- ,,,.. ft 9.?8ti -_=02 ft ?UQB:. r'``' `\ 0. \, _1.0.88_ft-, �h 1l)4q_ft ?8h\\ 99 8Q 1 :1108_ft-'�'1.100.ft�7p9�80, �r� �,"'� 1112 ft'�770? , �1` ?4_1128_ft1 1124:ft� ��46p\ �o -r\ V /4:1): ._1140 ft=136_ft s�,\Q, 76j \ 6 o b4 11.48=ft ��\, 0 , ? D ,y �1168:f{_� 62-ft�N;s `j2� ��9 ��9 )1 /�` //// -.._ \ g ,A, < 2-ft ��� .113, ,C1:?('' K �\ 7r4:-h .., \t, 1% ‘ ( 900 � ,�,. 1200 ft �`96 88 ��\\.. �'f .\ C x axuo r co; r ` '. o „ r a itillopr il.-K::,, c.,g., ,_ .. .-C;I:<0,gall ran ns iii i I. Hit i_ ¥ €I Fig . E W Q m W to 2:0 Attil , g 9 m to v g - g 4. 0.. ' 1 a A (---- TAX MAP 84 PARCEL 71 BASE MAP/TOPOGRAPHIC SURVEY _NEAR BATESVILLE UEL MILLER DISTRICT ,s ALBEMARLE COUNTY,ROINIA C?4 Jr O ,\ ( ©\ ti0 + TMP 84-71 B N/F HURRAY \I 0.8.3812-373 SO.00' IT S35.01'26'E 200.00'(total) S40'09'56'E 690.40' . — —_ IF \73 N Pm � 10'PI1E IFaiBFDI F — ..Pa'a f \1P 'Yt'r\ Opp _ ) 0 OQ PM F< b Rp \ !,` dr/ OO D •W! ' �•� / \\\ !' \\\ 0 11 ' - / 0 I // ru11� i FRx /i 0 if, Ss 0 \ ,opc. . W e'nma ouraa \ / \ \ i 1,POP ,;� + / i N NAP / N merry NWi.A // NOTES p,• 40 � """` • ,,, ' � 1 BASED ON A FIELD RUN SURVEY PERFORMED ",��.JJ \ BY THIS OFFICE IN SEPTEMBER/OCTOBER OF 2015. ` \ BOUNDARY INFORMATION SHOWN IS BASED ON �� \ FIELD FOUND EVIDENCE AND PLATS OF RECORD. / mxrY GIS MURAL UM 1.11E A FULL BOUNDARY SURVEY WAS NOT PERFORMED / IN THE PREPARATION OF THIS PLAT. t•1a'POP / TMP 84-71 / N/F STANTON ELEVATION DATUM•NAVDBB / / D.B.4321-492 IF• IRON FOUND 1 9.035 Ac. I I I I -- I I i' l I I L�i I N14'10'24-M 556.40'(total) IF 50.00' SCALE 1••40' TMP 84-71 A 1 ICU A 1.1 N/F BENNETT AE GALE&ASSOCIATES, D.B.4002-622 DE(RrMBEA 04,9016 INC SHEET asr auRa,r,..P�sa-:P.r SCALE ,•-eAr 1o P� ..•de«.PaAP..aa .P...IA � PILE:ems {/ a\S10a190nlnW PRJ'EX2 pro / ' \ / Cram / crs� / GvlT jCk /- / / / / // 4 / / // � A' / N. / \ \ 1 \\qG� / \I� \ / �� \\Gjl /�� \\Or'IG / .iN? S I \` / / / •• I 41, / Is. a // •`\ I ' // \� // / / ` / I 3 / S. N. // I / \\ / \ \ / \`\ /�.4 \ / S. / V1 5' DI J Q U H F- ti cr 1 0, to EXHIBIT SHOWING SLOPES AT PROPOSED BUILDING SITE TAX MAP 84 PARCEL 71 BASE MAP/TOPOGRAPHIC SURVEY NEAR BATESVILLE SAMUEL MILLER DISTRICT ALBEMARLE COUNTY,VIRGINIA ROUDABUSH,GARB&ASSOCIATES,INC. SCALE i• =20' DECEMBER 04,2015 ENGINEERS.SURVEYORS AND LAND PLANNERS ® A sa/olywa p ION ;, N ° SCALE: 11••20' •IRV/NN V/NN/NRA smog 'arm Ai♦ � Mmini 1 groa AU• NOMN� lIIdEMMAm-fR[RaRMi•- WALE 1N FEET FILE:5617 a\Biamison\TFP PRJ\8617SAPEEXHIBIT.pro '''tci . 3 f TAX MAP 84 PARCEL 71 1 BASE MAP/TOPOGRAPHIC SURVEY _ _ SAMUUE MIILLLER D DISTRICT • // i \\ ALBEMARLE COUNTY,VIROINIA R i / I \,,� TMP841-71B '©' N/F HURRAY I �� ,\ 0.B.3812-373 . 50.00• 1F \ C1'a rE 200 00'(tour IF \ 840'0011rE eb.46' ...""....\\\ ,t#:\\ 1....9,i4 \\\,,\--- \ \,:s.:Niti, " -',- :--,s,%':".;,;., N,.;--, \".\\\\..\\, \\<:- '.....- -- 1/ , t \\‘ . it41,r...\ 7 .. . ,.,, , ,, , :: . \\ / Adilli4 8 1-C'eC'4 ,: •.:'>\ .'N - 'I\\ I V, . . ,, '-,.._. .0422'4- . ..: \\s,t11., ----------„------------------ --1 '\- \ ;r4 0 4,,, \Ig \ :,\ , I*; ...I.-2-: -.":,`,,z_,„ ,> -`,, ,,,,4, \Ni '''- -----.... ,...„4...„..7...s.... 111b _, N\- She,. ��� �O� ,/ ;; \\ �/ \ NOTES \ 'o BASED ON A FIELD RUN SURVEY PERFORMED \"�� BY THIS OFFICE IN SEPTEMBER/OCTOBER OF 2015 Writ -- BOUNDARY INFORMATION SHOWN IS BASED ON ' `� ; -aka fx u4.,t COWW1 LOPES inc FIELD FOUND EVIDENCE AND PLATS OF RECORD r i µ / / -_. A FULL BOUNDARY SURVEY WAS NOT PERFORMED '0 / i \ IN THE PREPARATION OF THIS PLAT .m.,� / TM P 84-71 ___ "_°1�" ai i N/F STANTON ' ELEVATION DATUM 4 NAVDBB / D.B.4321-492 / IF- IRON FOUND I 9.035 Ac. I I I / _ �- — — — — I I L- M44 10'24'W Bl6.40'(total/ 1 60 00' WALE 1'•40' TMP84-71A jII.2 DIM N/F BENNETT R AB GALE& INC D.B 4002-622 A mmirr 1&MIS SHEET wane+anawnoawrorL,rIw $LTl..,„KThal iCar, P1' A SCALE: 1'-41: ,\, aaro.�� RH.E:eels 0:\B1aaleon\TIP PBJ\EX2.pro f TAX MAP 84 PARCEL 71 BASE MAP/TOPOGRAPHIC SURVEY UEM�u1 SANEAR DISTRICT jALBEMARLE COUNTY,VIRGINIA X( TMP 8471 B , , \ ( O 8 38122--373 1 80.00: 81611., E 200 B0......"-__ B40ro41e1S eBe.M• Q I Iii is Ilit .•.-" /111111tNI® re WPM/ — '' 17' \\ \ f (A "'�""� 4.1, ■P \/ \1 NOTES Bane ` ro / r_k u .F BASED ON A FIELD RUNSURVEY PERFORMED / z+w y BY THIS OFFICE IN SEPTE ER/OCTOBER OF 2015. R�f C t- _ BOUNDARY INFORWATION SHOW IS BASED ON S \� FIELD FOUND EVIDENCE AND PLATS OF RECORD. / ••-r^+ m fry a"10E i A FULL BOUCIARY ARKY WAS NOT PERFORMED 1...— IN THE PREPARATION OF THIS PLAT, GIMP ,� �...�...� /// N/F STANTON J ELEVATION DATUM-NAVDS8 / D.B.4321-492 / IF.IRON FOUND I 9.035 Ac. I 1 1 I Nµ•10•H'M seem'KOMI BM S'-4D' IMP 8471A N/F BENNETT '.. 111,QAI8tA8.90QA^ II1C D.e.4002 622 gpllaBA10B,BDIBI ME S 1107,.11ip MISf 1LABf.Ntax7?A,>Z'Yf689"S:Yl' A WALL 'M>hs 1\1 / I 11 Wr1wnVMP PRAD2.4ro