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Home My WebLink AboutVA200800010 Legacy Document 2008-11-21 (2)STAFF PERSON: John Shepherd PUBLIC HEARING: December 2, 2008 STAFF REPORT VA -2008-010 (Signs #111 & 112) OWNERS/APPLICANTS Phyllis M. Hopkins M. Maxine Holland TAX MAP/PARCEL T.M. 66 - 63 T.M. 66 - 65 ZONING Rural Areas Rural Areas ACREAGE 10.00 12.779 LOCATION Address not assigned 1447 St. John Road TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4 that requires lots to have 150 feet of frontage on an approved internal public or private road. Section 6.4.C.2 requires resulting nonconforming lots in a boundary line adjustment to more substantially conform to regulations. This variance is necessary 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: In 1925 the great grand father of the owner of Parcel 63 mistakenly built a dwelling on Parcel 65. In 1987 the dwelling was destroyed by fire. A special permit, SP -87-13, was approved on March 19, 1987 to allow a mobile home to be located on Parcel 63. Again the dwelling was replaced in the same location on Parcel 65. Since 1925 Parcel 65 has contained a dwelling that has been treated as if it was the property of the owner of Parcel 63. This was discovered by the Real Estate Department in September of 2007. M. Maxine Holland, the owner of Parcel 65 has agreed to adjust the boundary between these parcels so that the dwelling will be located on Parcel 63. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: At this time Parcel 63 is vacant and Parcel 65 is improved with one dwelling. Parcel 65 gains access to St. John Rd. by an old road that serves it and Parcel 64. Parcel 63 appears to have no access. Both of these parcels are nonconforming because they lack frontage on either a public street or on an approved private street as defined by the zoning ordinance. Lum, Stanley and Associates has submitted a boundary line adjustment plat that adds a 1.634 -acre portion of Parcel 65 that contains the dwelling to parcel 63. It also adds a 1.634 -acre portion of Parcel 63 to Parcel 65. Since both lots are nonconforming the plat is subject to section 6.4.C.2. VA 2008-010, Page 2 December 2, 2008 The plat can not be approved because the Zoning Administrator can not find that the resulting lots more substantially conform to the area and bulk regulations of the RA district. With respect to the nonconforming issue, the plat has no affect. The relevant code sections are provided below for reference. 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- 10.4 AREA A!\ -D BULK REGULATIONS Area acid bulk regulations within the RA. neral areas, zoiuiig district are as follows: REQUIREMENTS DIVISIONS BY RIGHT DIVISIONS BY SPECIAL USE PERMIT Minimum frontage 150 feet 150 feet internal public or private roads 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- ". . . ollows:"... 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 VA 2008-010, Page 3 December 2, 2008 faith and where, by reason of... exceptional topographic conditions. or other extraordinary situation ... the strict application of the terms of this ordinance 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 this situation is extraordinary because it has been allowed to continue since 1925. We are not able to explain how the dwelling was permitted to be reconstructed on the wrong parcel in 1987. While this could be considered to be a self imposed hardship, staff does not find this to be disqualifying. We do find that Ms. Hopkins does not have reasonable use of "her" dwelling because it is not on her property. Therefore, this meets the criteria for a finding of hardship approaching confiscation. This hardship is not shared generally by other properties in the same zoning district. Staff is unable to identify any material negative impact to adjoining property or to the district that would result from approval of this variance. Therefore, staff finds the granting of the variance would be in harmony with the intended spirit and purpose of this ordinance. 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 applicant's great grandfather mistakenly constructed the family home with a well and septic on Parcel 65 back in 1925. The original home was destroyed by fire and rebuilt in 1987. The applicant's mother and great-aunt currently occupy the property and relocation would create an economic and financial hardship. Staff is of the opinion that the location of the family home on another parcel meets the criteria for a finding of hardship. 1. The applicant has provided sufficient evidence that the strict application of the ordinance would produce undue hardship. VA 2008-010, Page 4 December 2, 2008 Uniaueness of Hardshi The applicant notes: Considering the unique nature of this situation, applicant is not aware of any other similar situations. Staff agrees that this hardship is unique. 2. The applicant has provided evidence that the circumstances of this matter are unique and are not shared generally by other properties in the RA zoning district. Impact on Character of the Area The applicant offers: The applicant's family has been residing in a home located in the present location served by the same private driveway since 1925. 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 have no impact on the development of the parcels. It will merely resolve the error of the original placement of the dwelling. The approval of the variance will not occasion additional development. 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. STAFF RECOMMENDATION: Since all three criteria for approval have been met, staff recommends approval of this request. Should the Board approve this variance request, staff recommends the following condition: 1. Any further division of these parcels resulting in additional lots shall meet all County regulations. NOTES: The boundary survey shown is based on a field survey by Lum's Land Surveys, Inc. in November 2007 and a composite of previously recorded plats and deeds. This plat does not represent a current field survey. This Plat has been prepared without benefit of a current title report and does not therefore necessarily indicate all encumbrances on the property. It is therefore subject to easements, restrictions, conditions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to this property which have not expired by limitation of time contained therein or have not otherwise become ineffective. Coursd Bearing Distance L1 N 46'04'31" E 53.01' L2 N 61'59'25" E 115.84' L3 S 83°20'05" E 84.76' L4 S 30°20'48" E 121.97' L5 S 03'28'09" E 275.23' L6 S 56°24'20" W 59.44' L7 N 37'23'34" W 417.29' TM 66-72 \ DIANE BOWLER—MINOR DB 2931-681 s� moo\ G� TM 66-70 \, ELANOR C. WHITE X \ ALICE B. HUGHES �B 746-435 TM 66-65 M. MAXINE HOLLAND\ \ DB 1022-220 \DB 247-208 PLAT \ / TM 66-65 TM 66-71 / M. MAXINE HOLLAND WILLIAM GARDNER HEIRS / DB 1022-220 DB 367-79 / DB 247-208 PLAT / DB 234-83 PLAT / New property ±12.7 ACRES line along — 1.634 ACRES AREA A edge of woods + 1.634 ACRES AREA B L3 ±12.7 ACRES OUSE OUSE D/W U �� 1.634 AC ES \ AIAUZ U. L1 V V11L' J, ',DB 746-435 \ THIS PROPERTY CORNER PER DB 234-83 PLAT �o\ \0 00 c9 cpr' TM 66-62 ELANOR L. WHITE, ET AL s s DB 746-435 Ute, DB 126-122 PLAT s s. 1.634 ACRES �O REA B �- . � \ 0 `' �G i :`:vl U SHARON JOHNSON 59.44' DB 1494-409 DB 397-73 PLAF 123.41 ' ,-- N33°01'01 "W 9 7'M 66-64A-- °0 WALLACE & SHIRLEY / CHAPMAN DB 397-70 / 370-73 PLAT\ / '/ 305.80' N31 *04'32"W TM 66-32A(5) ALFRED /'' HAWKINS, ET UX DB 397-77 / 397-73 PLAT TM 66-32A(4) LILLY MORIEKA OR ERNEST WILLIAMS— DB , DB 2737-233 / 397-73 PLAT TM 66-32A(3) RUDOLPH S. CHAPMAN, JR. DB 3272-252 / 397-73 PLAT F /- 6 TM 66-32A(2) DAVID G. OR \-'/ ��` 6 LISA C. JOHNSON IF DB 1226-103 / 397-73 PLAT �� F L T H of LEGEND PF Iron Pipe Found IF Iron Rod Found PLAT FOR VARIANCE ON 7AX MAP 66 PARCELS 63 AND 65 P.TIMOTHY STANLEY,JR D Lic. No. 2862 ND S U R I F'y THE HOLLAND AND HOPKINS PR OPER TIES 16� C� TM 66-58 BRET A. JONES DB 1568-251 DB 1568-252 PLAT DB 1387-322 PLAT PF HI OUSE built in p\ 1925 rj N i o 00 M CO v o c o W z� U L) _ U U � �0 0 0 :E s , DETAIL 1"=100' RIVANNA DISTRICT, ALBEMARLE COUNTY, VIRGINIA p --_WELL SCALE: 1" = 200' DATE: JUNE 12, 2008 p�=�� HOUS 2.000 - � 660063. dwACRES Folder no. TM66-63 mss; \ AREA Y LUM, STANLEY AND ASSOCIATES, PLC LAND SURVEYING—LAND PLANNING P.O. BOX 154, PALMYRA, VA. 22963-0154 200 0 200 400 600 PHONE: (434) 589-8395 GRAPHIC SCALE — FEET