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HomeMy WebLinkAboutVA200800010 Legacy Document 2008-11-21STAFF PERSON: Ron Higgins PUBLIC HEARING: December 2, 2008 STAFF REPORT VA -2008-009 (Signs #105 & 106) OWNERS/APPLICANTS Mark Slezak Eleanor V. Finger, Trustee TAX MAP/PARCEL T.M. 26 — 20B T.M. 26 — 20A ZONING Rural Areas Rural Areas ACREAGE 1.999 56.325 LOCATION Breakheart Road Breakheart Road TECHNICAL REQUEST AND EXPLANATION: Applicant requests a variance from Code Sec. 10.4 that requires lots to have 150 feet of frontage on an approved internal public or private road. Sec. 6A.C.2 requires resulting nonconforming lots in a boundary line adjustment to more substantially conform to regulations. This is to complete a boundary line adjustment between two lots, both nonconforming because they have no frontage on an approved public or private road. RELEVANT HISTORY: Mr. Slezak purchased this "2 acres, more or less" from the Frank W. Finger Trust in January of 2006. At the time of purchase Mr. Slezak had expressed a desire to purchase additional land if he was able to afford it in the future. This was an option, but not pursued until this year. A boundary line adjustment (BLA) plat was prepared in August of this year for submittal to the County. In reviewing the plat, it was determined that the BLA could not be approved due to the fact that both lots were nonconforming as to Section 10.4 of the County Code and that they were not being made to more substantially conform to that section, as required in Section 6.4.C.2. Mr. Slezak has applied for a variance to the lot frontage requirement of 10.4. Both existing lots are lots of record prior to 1980. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Parcel 20A and Parcel 20B are located on a private access known as Breakheart Road. They are approximately one half mile west of State Route 673. The existing road does not meet private road standards and has not been approved as such by the county. The attached plat by Residential Surveying Services, dated August 13, 2008, is a boundary line adjustment which would add a 1.5 acre portion of Parcel 20A to Parcel 20B, bringing the total area of Parcel 20B to 3.499 acres. Both of the lots have more than 150 feet of frontage on the unapproved road, so the linear distance is not the issue. The nonconformity is that they have no frontage on an approved road and will still have no frontage on an approved road after the BLA. Also, Parcel 20B is technically nonconforming as to area @ 1.999 acres, according to their latest plat. VA 2008-009 Page 2 December 2, 2008 The relevant code sections that affect this request are: "10.4 AREA AND BULK REGULATIONS REQUIREMENTS DIVISIONS BY RIGHT DIVISIONS BY SPECIAL USE PERMIT Minimum frontage internal 150 feet 150 feet public or private roads 6.4 NONCONFORMING LOTS. A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth herein. C. Division, combination, or adjustment of boundary line of nonconforming lot authorized. A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary lines adjusted, provided: 2. In the opinion of the zoning administrator, the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area and bulk regulations applicable to the district in which the lot is located, and comply with all other applicable requirements of the Albemarle County Code. 3.1 DEFINITIONS Private Road. Any road, street, or other way or means of vehicular access to a lot that is not maintained by the Virginia Department of Transportation, regardless of ownership, approved as a private road pursuant to Albemarle County Code §§ 14-232 through 14-235 or any prior ordinance regulating the subdivision of land. Any road identified on a recorded plat as a restricted road, access road or other designation which was not approved by the county as a private road pursuant to chapter 14 or any prior ordinance of the county regulating the subdivision of land is not a private road as defined herein. (Added 2-6-02)" One of the powers and duties of the Board of Zoning Appeals (granted in Section 34.2 of the zoning ordinance) allows that a variance may be authorized as follows: "... in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when owing to special conditions a literal enforcement of the provision will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of... exceptional topographic conditions. or other extraordinary situation ... the strict application of the terms of this ordinance VA 2008-009 Page 3 December 2, 2008 would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, 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 this ordinance. " Staff opinion is that the strict application of the ordinance would not prevent Mr. Slezak from reasonable use of his property, as he can build on the existing lot. Therefore this does not represent a "clearly demonstrable hardship approaching confiscation", since the applicant can still enjoy reasonable use of the property as a single family residence, for which it is zoned. If a variance is not granted, the owner will still be able to build the house on the existing lot. Staff is unable to identify any material negative impact to adjoining property or to the district. This hardship is shared generally by other properties in the same zoning district. The general character of this area will not be changed by allowing this boundary line adjustment. Staff opinion is that granting the variance to allow this boundary adjustment will not change the character of the district. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: (Staff comments are written in italics and follow the applicant's comments.) Hardship The applicant notes that the variance is necessary because: • The present building area on Parcel 20B is too close to the road cutting through the property and the addition of land would provide for a safer house location for children. The applicant also states that the BLA would permit lot 20B to become more conforming to the regulations due to the increase in size from 1.999 acres to 4.499 acres. Staff acknowledges that this might be a better location for the house. It is also true that the area of lot 20B will increase to become more conforming as to area. However, these results will not change the nonconformity of either lot nor would it prevent the applicant from building a new house and relocating the road to the property line. Therefore, we do not agree that the standard for a finding of hardship has been met in this application. 1. The applicant has not provided sufficient evidence that the strict application of the ordinance would produce undue hardship. VA 2008-009 Page 4 December 2, 2008 Uniaueness of Hardshi The applicant notes: Other families along the road will not be affected by this rule. He says the family division being reviewed east of his property will make Breakheart Road "an approved county road". He cites the small size of his lot as further reason to believe this issue is unique to him. Staff has determined that, other than family divisions, all other properties on the unapproved road would experience the same restriction. This is not affected by the size of the other lots relative to the size of the applicant's property. Also, even though the road may be "approved" east of the applicant, it will not be improved to private road standards and therefore, he would still be faced with the requirement of having the road approved by the Planning Commission to private road standards from his lot approximately one half mile out to Route 673. 2. The applicant has not provided evidence that the circumstances of this matter are unique and are not shared generally by other properties in the R -A zoning district. Impact on Character of the Area The applicant offers.- The ffers: The applicant believes that the proposed BLA would enhance the value of adjacent properties as the addition of land would permit the increased setback of the new house making it in line with the character of the area. The applicant is confident that the authorization of the variance will not be of substantial detriment to adjacent property and the character of the district will not change. Staff is of the opinion that the variance requested will not negatively impact the character of the area. 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. VA 2008-009 Page 5 December 2, 2008 STAFF RECOMMENDATION: Since two of the three criteria for approval have not been adequately met, staff recommends denial of this request. Should the Board find cause to approve this variance request, staff recommends the following condition: 1. Any further division of these lots, resulting in additional lots, shall meet all County regulations Attachments: -Application for Variance -Tax Map 26 -Proposed Boundary Line Adjustment Plat -Aerial Photo Vicinity Map -Aerial Photo of Site -County GIS Topo Map Application for Variance �ariance = $120 Project Name: T ,uLA 6,aLhdt-&w,, Akuiivnei Kesi Des+ Tax map and parcel: Magisterial District: LJ�t,'Le �tci� Zoning: Burr Physical Street Address (if assigned): nvoe �;+ loC6,�J OVI &ectlQ.L e i2oJ Location of property (landmarks, intersections, or other): Contact Person (Who should we call/write concerning this project?): t�k S Jr, 2 -CA -le- a q0 Address25A 7 Ild S ��� 12S City , (1h,`e✓( State A ZipQ Daytime Phonej{0) qj�( 4)1 Q Fax # ( ) E-mail k,"sI[ z -a -LP ( J vk zz -, I- cc &" Owner of Record Address -3 O &1jejsM411 R Q City 54e l%k,ri-7 State 114 Zip )qq6 Daytime Phone (� !Y1 -Y c4.21 fr Fax # ( ) E-mail /ii Sly rci L-je (&d we cx . c.oXf Applicant (Who is the Contact person representing?): �eiprrien6 121,�� S1 e-7 L Address G '7 & IlAk IV Y/ JU City 6r,' Jtu` 'U'7 Statey4 Zip Daytime Phone �) 1Js(4 Cf„Z,Z, J Fax # ( ) Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's si FOR OFFICE USE ONLY' VAN o{ CJ�i ZONING ORDINANCE SECTION: �• Fee Amoun6,D�t�' d __"ywho? E-mail )"J/e7akk I .,4 m 4� �• GD"rJ L�SIGN # t/ i Ll+ Receipt #7V(/iCk# Date: .ff'.C, . M County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 7/1/08 Page I of3 The following information shall be submitted with the application and is to be provided by the applicant: 1) Recorded plat or boundary survey of the property requested for the rezoning. 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. 2) The appropriate 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. 3) Fee payable to the County of Albemarle. 4) Description of Request (include dimensions, measurements or sizes in feet): WELSIC See_ ]LI"P aae C. 414 �c1►C 5) Justification shall be based on these three (3) criteria: 1. That the strict application of this ordinance would produce undue hardship. eat e- See fi: -Ijoe Q A,,Ae— s#c,,Lk 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3. 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. ,• K •rte < ,J �.i •� r� ,:t 7/1/08 Page 2 of 3 i�Yl �� y�C' S j0 o vis eS V 3 c� � ►� r� 4) Description of the request (include dimensions, measurements or sizes in feet): This is a boundary adjustment between TMP 26-20B and 26-20A adding 1.5 acres (marked on the attached diagram as Parcel C) to TMP 26-20B. Please see the attached diagram for details. Dimensions are roughly rectangular: 230.52 by 187.52 by 151.87 by 80 by 259.59 feet. The parcels are on Breakheart Road in Albemarle County. The boundary adjustment would make the house site safer for children, and increase the value of surrounding properties. The undue hardship caused by the zoning regulation is not shared by other properties in the same district and vicinity. 5) justification shall be based on these three (3) criteria: 1. That the strict application of this ordinance would produce undue hardship The zoning regulation 6.4.2 would cause undue hardship as it is limiting my ability as a life-long Albemarle county resident and first time property owner in the county to fully use my land and get my house built. The current house site is not safe. There is an existing road that cuts through the property very close to the building site. The adjustment would allow me to move the house to a safe distance from the road for the safety of kids playing around the planned house. When I bought the original land I did not have enough money to get additional space, and we wrote the option to add an additional acre into the contract. I have gotten together some savings and I would like to make the area safe as I know the existing property would be dangerous for children because of the road. Regulation 6.4.2 on boundary adjustment requires that "... the resulting lot or lots more substantially conform to the requirements of section 4.0 (general regulations) of this chapter...). I believe in and support our regulations, but this regulation should permit the boundary adjustment as the original lot (26-20B, 1.999 acres) is becoming more conforming to the regulations, while the seller's land remains in compliance with all regulations. The spirit of this regulation should allow this small adjustment, and should not block this adjustment on a language technicality. The one development right on my land will not change. 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Other families along the road will not be affected by this rule if a planned family division takes place at the Wyant parcel (26-42) some two hundred feet down the road from my land making Breakheart an approved county road. My piece is also the smallest on the road, other family's properties along the road are extremely large and this issue does not apply. I am the only one in the vicinity with this problem. 3. 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. The proposed boundary adjustment would actually enhance the value of the adjacent properties as the addition would provide for an increased setback from the existing road for any house project. The house would be safer for the kids and would be well in-line with the character of our fine county. t vini ot'1ia .iI�r�9 t . ' ok;l!L�'ti�'. Owner/Applicant Must Read and Sign The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not been submitted by the deadline. Ownership information — If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. Date: a-' 6d L - Signature of wner or act Ifurchaser, Agent M QY.k SleZcal-c- Print Name Daytime phone number of Signatory 7/1/08 Page 3 of 3 ,�jq --)q3--?L66 VA -2008-009 (signs #105 & 106) Mark Slezak (owner/applicant), Eleanor Finger, trustee of the Frank W. Finger Trust (owner). Applicant requests a variance to Code Sec. 10.4 requiring 150 feet of frontage on an approved internal public or private road and from Sec. 6.4.C.2 that requires resulting nonconforming lots in a boundary line adjustment to more substantially conform to regulations. This is to complete a boundary line adjustment between two lots, both nonconforming because they have no frontage on an approved public or private road. Property located on Break Heart Road, approximately 1/2 mile west of Route 673. Tax Map 26, parcels 20B & 20A, zoned RA Rural Areas. f.'l:3iVi'�C1.}3 TAX MAP 26 r26 ? 26-29 -31 25-26 VA -200800009 Mark Slezak (owner/ applicant),. 6,2gq 62926-981 tax map 26, parcel 20B and Eleanor Finger, rys B trustee of the Frank W. Finger Trust (owner),, -26q �se tax map 26, parcel 20A` 26-27D aT 0 A ,�2 Q 25-25 N �( N 26-(23 m 26-22 n �T apo 26- 26-41 26-23 2g -'182 2527 a N� 2E 7 v �p b w 26-21 76 -All 26-108 26-42 26-9 � 25-21 26-52 2528 26-20A 26-10C 26-IOG 25-21A 26-19 26-53 26-10 26-20 C' I t4- 8 zeAG 2517 -10A 26 .A 6Yo, -17Azc ,8 N� i Ui 26-10D 1�1 F 25-18 N 26-11B ^� w ^aQ rL 1�f �+ 17 26-178 26-17C 25-18A 26-10F `� .1 ^ C 26-15 26-16 25-18B N 26-14 N 2 -1 SUGARHpL•L'DWIL%D 26-11D 26-12 26-11 26-12A 6-14M '1. N N QI 26-13 � rn 25-14B 25-14C 39-3 �9 40-1 26-13A 39-2 40-27A 40-27 Roads Abutting Owners Feet Parcels of Interest O Parcels 11 2.10 350 700 1,400 ui PROPOSED BOUNDARY LINE ADJUSTMENT OWNERS APPROVAL The boundary adjustment of the lands described herein is with the free consent and in accordance with the desire of the undersigned owners. Any reference to future development is to be deemed as theorectical only. All statements affixed to this plat are true and correct to the best of my knowledge. Owners / Authorized Signature Frank W. Finger (Trustees) Parcel 20A Date 9�^ property line Mark Slezak Date T N .P . 26-20B -------- 1.999 Acres P F ��� q Parcel 208 + 1.500 Ac. (Parcel C) 3.499 Acres (New Total) t�,�b�ry\\� 5 P.F. in old road bed T.M.P. 26-21 Jane Baer T.M.P. 26-9 �,1BQ, 2 t�,���\ 6 17.9.1310 Pg.352 W111iam E. Baer 0.B.1833 Pg. 665 T6� 2„�O ��O- a� T.M.P. 26-42 P.F.CJ \\\7 , Wyant" 17.6.1072 Pg. 493 iol V ,�V S�G� inti � V -V j �\�.®� _= g zz QJ z P.F. @ 18.56 ' N6S �6e>" S42 °30'34"W Owners: 3g.W 80.00' Parcel 20A Frank W. Finger, Trustees 1701 King Mtn. Rd. Courses 1 - 9 along old road bed Charlottesville, Va., 22901 Courses 10 & 11 along present road bed Parcel 20B 1)S31'50'15'E 75.72' 7)S42'0953"E 129.10' Mark Slezak 2 *31'29"E 49.10' B)S75'5753'E 94.50' 3567 Ballards Mill Rd. 3 '23'02"E 114.95' 9"M '27'07"E 170.00' Free Union, Va., 22940 4)S48'42'47"E 110.70' 10)S87 616 53"E 238.80' Property Zoning: RA 5)S40'58'30"E 41.75' 1I)S71 *35'53"E 206.76' P.F. 6)S36004'53E 131.50' The boundaries of the land adjustment shown hereon is from a current field run survey. The properties shown hereon lie T.M.P. 26 - 20A in Flood Zone C and not in an ° nl area designated as Zone A 56.325 Acres (before adjustment) `l (100 Year Flood Hazard). �� Q, - 1.500 Ac . (Parcel C) -- N 0 54.825 Acres (New Total) � Development rights are not C n being effected by this survey. . w m:. p ° NOTARY PUBLIC For: Parcel 20A v CU / 0 5 10 200 The foregoing instrument was acknowledged rn z before me this day of 200 1-4 CAL N F T T M.P, 26-1 My commission expires, — . 200_ Abell Brothers, L 17.9.2,933 Pg.320 -"- "- — NOTARY PUBLIC For: Parcel 20B �e N11'59'18"E The foregoing instrument was acknowledged 147.29' before me this day of _200_. �o P.F. I`�• C � My commission expires, 200._ 4 l� 1 15g�.2$ � Sig 56 02•e APPROVED FOR RECORDATION Director of Planning Robert W. Coleman, Jr. No. 2007 L -Sum A RESIDENTIAL SURVEYING SERVICES (434) 245-8744 1214 MONTICELLO ROAD, SUITE 1 CHARLOTTESVILLE, VIRGINIA 22902 T.M.P. 26-20 Nellie Gochenour D.9.3395 Pg. 6,42 Date of I n T � I_..1 I I - I I PLA --F �O ING I BOUNDARY ADJUSTMENT BETWEEN TAX MAP ?b PARCEL 20A AND TAX MAP 26 PARCCP.I.. ZOB LOCATED ON BREAK HEART ROAD WHITE HALL DISTRICT ALBEMARLE COUNTY, VIRGINIA AUGUST 13, 200B 01-058-02 Legal References: Parcel C is to become a part Z D .B .1990 Pg .281 (Par .20A) of T.M.P. 26-20B, upon recordation of this plat. D .B .3151 Pg ,597 (Par .20B) H 0 H cc UJ 9aer " D. 5. 1766 Pg.. B0� HF -A \ � w T.Y.P. 25-27 " ' Z" Goughnour CD o D. 9. 1055 Pg.5 \ IF in old IF @ road bed --40.0' i IF = PF = Iron Found Pipe Found o 2 `'� ���� Old road bed is OWNERS APPROVAL The boundary adjustment of the lands described herein is with the free consent and in accordance with the desire of the undersigned owners. Any reference to future development is to be deemed as theorectical only. All statements affixed to this plat are true and correct to the best of my knowledge. Owners / Authorized Signature Frank W. Finger (Trustees) Parcel 20A Date 9�^ property line Mark Slezak Date T N .P . 26-20B -------- 1.999 Acres P F ��� q Parcel 208 + 1.500 Ac. (Parcel C) 3.499 Acres (New Total) t�,�b�ry\\� 5 P.F. in old road bed T.M.P. 26-21 Jane Baer T.M.P. 26-9 �,1BQ, 2 t�,���\ 6 17.9.1310 Pg.352 W111iam E. Baer 0.B.1833 Pg. 665 T6� 2„�O ��O- a� T.M.P. 26-42 P.F.CJ \\\7 , Wyant" 17.6.1072 Pg. 493 iol V ,�V S�G� inti � V -V j �\�.®� _= g zz QJ z P.F. @ 18.56 ' N6S �6e>" S42 °30'34"W Owners: 3g.W 80.00' Parcel 20A Frank W. Finger, Trustees 1701 King Mtn. Rd. Courses 1 - 9 along old road bed Charlottesville, Va., 22901 Courses 10 & 11 along present road bed Parcel 20B 1)S31'50'15'E 75.72' 7)S42'0953"E 129.10' Mark Slezak 2 *31'29"E 49.10' B)S75'5753'E 94.50' 3567 Ballards Mill Rd. 3 '23'02"E 114.95' 9"M '27'07"E 170.00' Free Union, Va., 22940 4)S48'42'47"E 110.70' 10)S87 616 53"E 238.80' Property Zoning: RA 5)S40'58'30"E 41.75' 1I)S71 *35'53"E 206.76' P.F. 6)S36004'53E 131.50' The boundaries of the land adjustment shown hereon is from a current field run survey. The properties shown hereon lie T.M.P. 26 - 20A in Flood Zone C and not in an ° nl area designated as Zone A 56.325 Acres (before adjustment) `l (100 Year Flood Hazard). �� Q, - 1.500 Ac . (Parcel C) -- N 0 54.825 Acres (New Total) � Development rights are not C n being effected by this survey. . w m:. p ° NOTARY PUBLIC For: Parcel 20A v CU / 0 5 10 200 The foregoing instrument was acknowledged rn z before me this day of 200 1-4 CAL N F T T M.P, 26-1 My commission expires, — . 200_ Abell Brothers, L 17.9.2,933 Pg.320 -"- "- — NOTARY PUBLIC For: Parcel 20B �e N11'59'18"E The foregoing instrument was acknowledged 147.29' before me this day of _200_. �o P.F. I`�• C � My commission expires, 200._ 4 l� 1 15g�.2$ � Sig 56 02•e APPROVED FOR RECORDATION Director of Planning Robert W. Coleman, Jr. No. 2007 L -Sum A RESIDENTIAL SURVEYING SERVICES (434) 245-8744 1214 MONTICELLO ROAD, SUITE 1 CHARLOTTESVILLE, VIRGINIA 22902 T.M.P. 26-20 Nellie Gochenour D.9.3395 Pg. 6,42 Date of I n T � I_..1 I I - I I PLA --F �O ING I BOUNDARY ADJUSTMENT BETWEEN TAX MAP ?b PARCEL 20A AND TAX MAP 26 PARCCP.I.. ZOB LOCATED ON BREAK HEART ROAD WHITE HALL DISTRICT ALBEMARLE COUNTY, VIRGINIA AUGUST 13, 200B 01-058-02 AERIAL PHOTO Map is for display purposes only • Aerial Imagery from Commonwealth of Virgnia November 14, 2008 1 OC 2- %6, f] O C COUNTY (TTS TOM M e u Legend (Note: Some items on map may not appear in legend) El =23 2�f 7.84 ,, 8 BOO, 80Bfr`8 >>6.ft 7.72 - ft _ A u m 83Z t 26'21 �788=ft� a„ '�8.OrK 780"f 83 G 9?.ft�7.96 ft N` t•R ID +pF n(g GIS -Web Geographic Data Services ,b www.albemadeArg i' (434)296-5832 Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia November 14, 2008