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HomeMy WebLinkAboutVA200300011 Review Comments 2003-11-25 AFFIDAVIT DATE: 11/25/03 I, Ana D. Kilmer , hereby certify that the attached notice(s) was sent on the above date to all persons listed on said notice. . ( COUNTY OF ALBEMARLE: STATE OF VIRGINIA SWORN AND SUBSCRIBED TO BEFORE ME ON THISDAY OF 20a3 . NOTARY PUBLIC MY COMMISSION EXPIRE .6W FILE: VA-2003-011 Keith and Wilbur Goolsby , Jr. (owners), Brenda Moon (Applicant) T/A T.L. Beasley's Store, Tax Map 126, Parcel 34. Copy of Memo to BZA from Jan Sprinkle dated 11/24/03 was mailed to Linda Lloyd. of vr.eF, IIII ®_� COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville,Virginia 22902-4596 FAX(434) 972-4126 TELEPHONE(434)296-5832 TTD (434) 972-4012 MEMORANDUM TO: Board of Zoning Appeals Members FROM: Jan Sprinkle, Chief of Zoning Administration J_- SUBJECT: VA 2003-011, BRENDA MOON, APPLICANT DATE: 11/24/03 This variance was deferred at the November meeting to allow the applicant time: 1 . to attempt a property exchange with an adjoining parcel, and 2. to reconfigure and reconsider the potential buildable area. On Wednesday, November 19, 2003 staff met with Bobby Moon (husband of Brenda) and the Health Department on the site. Staff has determined that there is sufficient buildable area on the site so that a variance for setback is not needed if certain conditions are met. The applicant is agreeable. The Health Department has stated that as long as the soil is not sprayed/treated for termites, the setback from the well is only 10 feet. There are alternatives for termite treatment that will enable the Moons to use the well while maintaining that setback. There is an area north of the existing well that is approximately 150 feet in length and 50 to 75 feet in depth between the 10-foot well setback and the existing drainfield. This 7500 square foot (sf) area is more than sufficient for the proposed 1920 sf building (32' x 60') that the Moons are envisioning. In addition, another 4200 square feet area to the south of the existing well could be used. Therefore, there is no need for a variance from the 75-foot front setback. The Moons still need the variance from section 4.1 .3 to allow the two uses that they want. The single family dwelling and the gift, craft and antique shop constitute the two uses and require 120,000 sf. As stated in the staff report, the parcel is only 117,568 sf so a variance of 2,432 sf is needed. The Moons have stated that their main objective in having the dwelling and the store is for the safety of their business—namely to thwart theft, vandalism, arson and the like. Because the Schuyler area is so far removed from the County Police Department and the rural area response time is relatively slow, it could make a difference to have a presence on the property at times when the business is not open. Without the variance to allow two uses, the applicant could only have one or the other—a dwelling or a store. [The store is also dependent on approval of the special use permit by the Board of Supervisors.] cc: Keith Goolsby & Wilbur Goolsby, Jr.