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Home My WebLink AboutVA200900003 Legacy Document 2009-05-08 (4)STAFF PERSON: Ronald L. Higgins, AICP PUBLIC HEARING DATE: May 5, 2009 STAFF REPORT VA -2009-003 (Sign #s 10 & 11) OWNERS APPLICANT Purchaser Joshua Popkin & Ellen Louise Popkin Joshua Popkin & Ellen Louise Popkin Mr. Edwin T. Hughes, III. TAX MAP/PARCEL T.M 64 —1 T.M. 64 — 1A ZONING Rural Areas Rural Areas ACREAGE 137.67 Acres 101.00 Acres LOCATION 3719 Norford Lane Norford Lane 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. 6.4.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: The Popkins own both tracts and are contracting to sell Parcel 1A to Edwin T. & Allison Smith Hughes. The buyers have requested permission to do a boundary line adjustment (BLA) to obtain sufficient land in order to build a residence on the building site that sits adjacent to the current property line. A BLA cannot be approved due to the fact that both lots are nonconforming as to Section 10.4 of the County Code and that they would not be made more substantially conforming to that section, as required in Section 6.4.C.2. Both existing lots have been lots of record since to 1910. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Parcel 1 and Parcel 1A are located on a private access known as Norford Lane (formerly Pea Patch Road). They are approximately 2 miles south of Stony Point off of State Route 746 (Foster's Branch Road). The existing road does not meet private road standards and has not been approved as such by the county. The attached plat by Roger W. Ray & Associates, dated March 20, 2006, and a county aerial photo with critical slopes both show a potential boundary line adjustment sketched in. This would add approximately 15 acres from Parcel 1 to Parcel 1A, bringing the total area of Parcel 1A to approximately 116 acres and leaving Parcel 1 with over 122 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 a BLA. VA 2009-003, Page 2 May 5, 2009 The relevant code sections that affect this request are (bold emphasis added): "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 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 2009-003, Page 3 May 5, 2009 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 the owners or purchasers from reasonable use of parcel 1A, as it is agricultural zoning with other uses that would be allowed. Also, it appears that other building sites exist on the current lot. Therefore this does not represent a "clearly demonstrable hardship approaching confiscation", since the applicant can still enjoy reasonable use of the property as an agricultural use, for which it is zoned. Also, if a variance is not granted, the owner would still be able to build a house on the existing parcel. 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 topography of Parcel 64-1A is predominantly in critical slope and strict application of the ordinance would bring prospective owner into conflict with the current abutting lines and zoning setbacks" It is not clear why the construction of a residence would have to be in conflict with current property lines or setbacks (25' front or side setback) other than the desire for a certain building site over sites that could comply. Also, as pointed out earlier, there are other building sites on the property Therefore, we do not agree that the standard for a finding of hardship has been met in this application. The applicant has not provided sufficient evidence that the strict application of the ordinance would produce undue hardship. VA 2009-003, Page 4 May 5, 2009 Uniqueness of Hardship The applicant notes: "This hardship is not shared by other properties in the zoning district and is unique to this parcel due to critical slope topography." Staff has determined that, other than family divisions, other properties on the unapproved road would experience the same restriction. This is true of many properties throughout the Rural Areas zoning district. The Board of Zoning Appeals has had two other cases in the last several months with the same circumstances and there is one application, currently deferred by the applicant, that is also similar. 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 states: "The authorization of this variance will be of no detriment to adjacent properties as its approval will serve to protect the character of the district." The resulting lots in the BLA will be in keeping with the sizes of lots in the area and larger than many. The BLA will not create any additional lots. The access to the two lots will remain as is. 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. 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 -Portion of Tax Map 64 with parcels 1 & 1A shown -Aerial Photo of Site with Critical Slopes & potential BLA sketched -R. W. Ray plat of March, 2006 with potential BLA sketched Application forftet Variance Variance = $120 Project Name: Foster's Branch Abutting Line Adjustment Tax map and parcel: TM 64-1. 64-1A Magisterial District: Rivanna Zoning: Physical Street Address (if assigned): 3719 Norford Lane Charlottesville VA Location of property (landmarks, intersections, or other): Off State Road 746 approximately 2 miles south of Stony Point Contact Person (Who should we call/write concerning this project?): Kathi Beck Roy Wheeler Realty Co. Address 1 100 Dryd en Lane City CharlottP.Rville State VA Zip 22903 Daytime Phone 34 951-5102 Fax# 434 951-5163 E-mail kathibeck@rovwheeler.com Owner of Record Joshua Popkin Ellen Louise Popkin Address SOS famphpl l Road City Kecwirk State FT, Zip 22947 Daytime Phone (434) 249-0136 Fax #C__) E-mail joshpopkinl@aol.com Applicant (Who is the Contact person representing?): Edwin T Hughes III Address 1518 Mpadc Rnnd City Norfolk State yA Zip 235ns Daytime Phone (757) 846-7025 Fax # (_) Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's FOR OFFICE USE ONLY VA # ZONING ORDINANCE SECTIO//N: / Fee Amount �� Date PaiA B'OBy who? hughest7@cox.net # -ma 3 ck# CRyK By: d LP County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 7/1/06 Page 1 of 3 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): Request Board's approval of an abutting line adjustment of 15+/- acres from Parcel 64-1 to Parcel 64-1A. Property owned by Joshua Popkin and Ellen Louise Popkin, to be purchased by Edwin T. Hughes, III and Allison Smith Hughes. 5) Justification shall be based on these three (3) criteria: 1. That the strict application of this ordinance would produce undue hardship. The topography of Parcel 64-1A is predominately in critical slope and strict application of the ordinance would bring prospective owner into conflict with the current abutting lines and zoning set backs. 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. This hardship is not shared by other properties in the zoning district and is unique to this parcel due to critical slope topography. 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 authorization of this variance will be of no detriment to adjacent properties as its approval will serve to protect the character of the district. 7/1/08 Paget of 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);Flief. of Owner or Contract Purchaser, Agent FINn Date: 42 �3(1 577 -?,d3 Q Daytime phone number of Signatory 7/1/08 Page 3 of 3 VA200600003 (Signs # 10& 11) Joshua or Ellen Popkin (owners) / Edwin T. Hughes, III (applicant). Applicant requests variance from Code Sec. 10.4 requiring 150' 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 (BLA) to more substantially conform to regulations. This is to complete a BLA between two lots, both nonconforming because they have no frontage on an approved road. Property located at 3719 Norford Lane, approx. 2 miles south of Stoney Point off of St. Rt. 746. Tax Map 64, parcels 1 & 1A, zoned Rural Areas. 46-00 46.41 47-26D 46-356 VA200900003 47-281) VA200900003 Joshua or Ellen 47-28 m -07D bev Popkin (owners) / Edwin T. Hughes, III (applicant) 4645 Tax map 64, parcels 1 & 1A 48-30D 48-47E FQ 48-47F S,j, fRS.gRgNCf'l.(�� 4e -07A 4847c 48-47G �m 47 28A 0 48-47 63-35 63-35A 436A1 64 -2G i 64-2A 63-44A LONESOMF.41 63-38G 64-2H LM 64-2E 64-2 64-2J 64-2K V 60-2C 64-26 64-3 N\/N.RD 64-464-21' 6434 N A O Feet 0 200 400 800 64-15 64-19 64-19A Roads Parcels of Interest Parcels I� t' 4.P� �. c rF r -. �u OQ h € 14i. w�w m is age dp gig gig @ A M3 / <� -6 Z0 N !e'ME u 3111 HO!" Nil MON d age dp / :LLr� say Fn� m a7 $ �F. O Y s vn -ods � H1NON ams m$rvm : ash z$ . op 1pl 1 n'n - nn, ,11c- 'C1'�-