HomeMy WebLinkAboutZMA201000004 Review Comments Zoning Map Amendment 2010-07-30�IRGINZP
County of Albemarle
Department of Communitv Development
Memorandum
To:
Joan McDowell, Principal Planner
From:
Sarah Baldwin, Senior Planner
Division:
Zoning
Date:
July 30, 2010
Subject:
ZMA 2010 -4, Morris Rezoning
The following comments are in response to the Applicant's rezoning submittal.
1. Although the Applicant's suggested use is permitted under Commercial Office, a rezoning of this
property will require larger setbacks (based on commercial adjacent to residential and RA zoning). A
side setback of 50 feet (Ch 18- 21.7(b) from the existing house to the adjacent parcel (Tax Map 60A-
09-24) does not exist according to the physical survey submitted by the Applicant. That distance is
currently only 40 feet. Rezoning the property does not allow the use of a building which does not meet
the setbacks. Therefore, in addition to approval of a rezoning, a variance is necessary in order to use
the existing structure for commercial use. A variance merely created by a rezoning does not meet the
State Code criteria for granting a variance and would not be supported by Staff. The Zoning
Ordinance defines a variance as " a reasonable deviation from those provisions regulating the size or
area of a lot, or the size, area, bulk or location of a structure when the strict application of this chapter
would result in unnecessary or unreasonable hardship to the land owner, and the need for the variance
would not be shared generally by other lots, and provided that the variance is not contrary to the
intended spirit and purpose of this chapter, and would result in substantial justice being done (Ch 18 -3-
21).
2. Additionally, rezoning this property to c/o is in direct conflict with planning and zoning principals.
Commercial zoning is this area bears no relationship to the adjacent residential properties or
surrounding areas.