HomeMy WebLinkAboutVA200900007 Legacy Document 2009-09-04 (3)STAFF PERSON: Ronald L. Higgins, AICP
BZA PUBLIC HEARING: September 1, 2009
STAFF REPORT VA -2009-007
OWNER/APPLICANT: John E. & Kathleen W. Gruss
TAX MAPIPARCEL: 01800-00-00-030A0 ("Parcel 2" on plat)
ZONING: RA, Rural Areas
ACREAGE: 7.571 acres
LOCATION: Simmons Gap Road, Whitehall
TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from
Section 10.4 Area and Bulk Regulations which requires a front yard setback for all
structures of 75 feet from State Route 663, Simmons Gap Road. A variance of 39 feet is
requested to allow the construction of a private workshop, adjacent to a proposed
house, that would be 36 feet from the road (a difference of 39 feet). The proposed
house would meet the 75' setback.
RELEVANT HISTORY: Mr. and Mrs. Gruss purchased this property on December 19,
2008. The Zoning Ordinance standards for setbacks in the Rural Area zone at the time
were 75 feet for the residence. However, detached accessory buildings could be as
close as 6 feet to any property line, including the front property line. Between signing a
contract for the property purchase in November of 2008 and closing in December they
proceeded to work within the "Building Site" shown on the latest plat of record using the
then correct setback information they obtained from Community Development. At the
time a 6 foot front setback applied to the accessory structure and there was no zoning
text amendment in the works to change that.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel contains
approximately 7.571 acres and is unimproved except for utility lines, easements and a
cemetery. The need for the variance is occasioned by the July 1, 2009 adoption of an
increase of the front setback for accessory buildings from 6 feet to 75 feet in the rural
area district.
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
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
Variance Report, VA 2009-007
September 1, 2009
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."
The emphasis above is to remind the Board that this phrase was removed from the
enabling legislation by the General Assembly this year even though the local code has
not been amended to reflect this change as yet.
APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance
criteria provided by the applicant and comments by staff follows:
Hardship
The applicant comments that the variance is necessary to avoid undue hardship:
"John sustained a spinal cord injury in 1966 and has a significant disability causing
serious mobility issues. We have spent hours considering various locations for the
house and adjacent workshop. Moving the workshop farther away from the house
would make it very difficult or impossible for John to walk to and from the workshop."
Staff is sympathetic to the applicants' request and agrees that the physical conditions of
the site make it difficult to locate both a one level house and the workshop in close
proximity without one or the other getting into the steep slopes, utility easements or a
private cemetery. Staff acknowledges that the property was acquired in good faith and
that the applicants relied on valid information from the County to conduct their building
location and design process.
1. The applicant has provided evidence that the strict application of the
ordinance would produce undue hardship to the point of denying this applicant
reasonable use of the land.
Uniqueness of Hardship
The applicant notes:
"This is a unique situation. We designed the house to be very handicapped friendly.
John has difficulty walking on sloping ground or going up and down stairs..... living
space is on one floor... backyard can be flat enough for John to enjoy the
outside... workshop is placed adjacent to house and exterior doors. We were very
surprised and disappointed to then learn the set back had been changed and put
into effect 3 business days prior to us applying for a building permit."
The Grusses applied for their building permit July 6, 2009. The new setback
became effective on July 1, 2009.
CARonHiggins_DocsIVA-2009-007 Gruss.doc
Variance Report, VA 2009-007 3 September 1, 2009
Staff finds that the hardship is unique as the specific accessibility needs are somewhat
unusual and more than a mere convenience. The physical characteristics of the site
present particular challenges when locating single level facilities.
2. The applicant has provided evidence that such hardship is not shared
generally by other properties in the same zoning district and the same vicinity.
Impact on Character of the Area
The applicant offers:
• "Granting this variance will not alter the character of the area or be a detriment to
adjacent property owners. The steep elevation of the property above Simmons Gap
Road and the line of evergreen trees will make the house and workshop very difficult
to see from the road."
It is clear that the buildings will be difficult to see from the road or adjacent properties.
The development of the site is in keeping with the type of development for such
properties zoned Rural Areas in the county.
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 the three criteria have been met, staff
recommends approval of this request. Should the Board agree to approve this request,
staff recommends the following condition:
This variance is for the construction of a detached workshop measuring
approximately 24' x 42' and located no closer than 36 feet to State Route 663,
Simmons Gap Road.
Attachments:
A - Application and supporting materials from applicant.
B - January 15, 2001 plat.
C - Location map showing context of site and adjacent houses.
D - County GIS map showing topography and steep slopes.
E - 2007 Aerial photo showing tree lines.
C:IRonHiggins_DocsWA-2009-007 Gruss.doc
Application for Attachment A°
Variance
EXariance = $120
Project Name: l3lfl/le;,6 Re? S i",yt Q. a- Sh c P by-\ �I YYl YYI tAAS �LfX� � �ZZG�
PA. -Cal Z 1' 1
Tax map and parcel: 19-30 A Magisterial District: W kite- ua 11 Zoning:
Physical Street Address (if assigned):
Location of roperty (land ks, inters coons, or other):
S
Contact Person (Who should we call/write concerning this project?):
Je A -r Ke'F'h lee+1 con;
russ
Address jl sS Tr t ".uvH Ret. City EA IV S "i It state ✓A zip 27.9 3 6
Daytime Phone (yW) 9'73'g699 Fax#(Mj 973 y9?N E-mail 1r_ Ll�f'Vliy "/.cOM
Owner of Record
aol���^ � k�tl.los.vl G�I.lss
Address 115:5-- I rAi ttm Rd. City id 0- IVsvl /IQ- StateV,4 Zip 2Z q3�
Daytime Phone 63A) q73- 9699 Fax#CM qq3- 14970 E-mailpt� aal. eovr.
Applicant (Who is theontact person re senting?):
Ott + KaTlklecA Grin — Owne-,r I
Address 11STr i l l 1 u yr 2 d City CA / l�S V t � k State ✓A zip Z2,17 31,
Daytime Phone MV) q73 • q 6 q9 Fax # (3 973 - '4974 E-mail q r u SS'f ID ad. P o m
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's
FOR OFFICE USE ONLY VA #
ZONING ORDINANCE SECTION:
Fee Amount $ ld o -W Date Paid
who? J. 6rAis Receipt# 75 74 Ck# 100 By:(
County of Albemarle Department of Community Development S Q
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
7/1/08 Page 1 of
k,
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):
We are requesting to change the set back requirement for a structure adjacent to our house
from 75' to 36'. The adjacent structure is a workshop. It is one story on a slab and measures
approximately 24' X 42'. The proposed site plan is for the new construction of a one story
residence of approximately 2700 square feet and an adjacent 1000 square feet workshop
building to be located off to the side and behind the house. The house exterior is stone and
hardiplank. The workshop exterior is hardiplank.
5) Justification shall be based on these three (3) criteria:
1. That the strict application of this ordinance would produce undue hardship.
John sustained a spinal cord injury in 1966 and has a significant disability causing serious mobility
issues. We have spent hours considering various locations for the house and adjacent workshop.
Moving the workshop farther away from the house would make it very difficult or impossible for
John to walk to and from the workshop.
2. That such hardship Is not shared generally by other properties In the same zoning district and
the same vicinity.
This is a unique situation. We designed the house to be very handicap friendly. John has difficulty
walking on sloping ground or going up and down stairs. All living space is on one floor, the
house and workshop are located on the property to minimize exterior steps, there is a retaining
wall so the backyard can be flat enough for John to enjoy the outside, the floor plan is designed
to make it easy for John to get around, and the workshop is placed adjacent to the house and
exterior doors. In addition, the placement of the workshop was designed to not block beautiful
views. We were very surprised and disappointed to then learn the set back had been changed
and put into effect 3 business days prior to us applying for a building permit.
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.
Granting this variance will not alter the character of the area of be a detriment to adjacent
property owners. The steep elevation of the property above Simmons Gap Road and the line of
evergreen trees will make the house and workshop very difficult to see from the road.
See photos - # 1: The red jeep is located at the workshop's proposed site. We could not see it
from the road. The row of evergreen trees separates the property from Simmons Gap Road. #2:
We moved the truck and put balloons on 15' strings at each comer of the proposed workshop.
We still had difficulty seeing the balloons from Simmons Gap Road. #3: Two 6' tall men are
standing by our parked car near the balloons to demonstrate how high the balloons are. #4:
Dense vegetation along Simmons Gap Road - the proposed woodworking shop location is on
the other side of the trees 36' from the property line.
The request still allows for a 36' setback from the road. Also, the house immediately across
Simmons Gap Road is much less than 75' from the road. All of these factors, as well as optimum
placement of the septic field, distance from the cemetery and the power pole and electric
easement on the property, and the steep slope of much of the properly led us to place the
house and adjacent workshop at the proposed location.
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.
of Owner or Contract Purchaser, Agent
.loan t irr �tss 11,x'\��2h W CT S5 µ34-R73 969`j
Print Name Daytime phone number of Signatory
7/1/08 Page 3 of 3
VA200900007 (Sign # 44) John & Kathleen Gruss (owners/applicants). Request to
reduce the front yard setback, required in code Sec. 10.4, from 75' to 36' to allow
construction of a residence with an accessory building/workshop. Property is located on
Simmons Gap Road. Tax Map 18, Parcel 30A, zoned RA.
John and Kathleen Gruss
Simmons Gap House and Shop Project
After signing a contract with the intent to purchase property 18-30A in November 2008 but before
closing, we had 30 days to gather information to make sure the property would be suitable to build our
2700 square foot residence and an adjacent approximately 1000 square foot building to house a
woodworking shop. The woodworking shop building needs to be adjacent to the house with easy access
from the house because John's handicap significantly limits his mobility.
In addition to having a soils engineer locate a septic field and well, we had an attorney search for
easements, etc. We also had the land surveyed and a builder, an architect, and our realtor evaluate the
property for suitability for our project. The builder staked out the proposed buildings on the property.
We also contacted the Community Development office to inquire about all necessary regulations,
including setbacks.
We were told by that office the set back requirement for the house was 75' and for the unattached
woodworking shop was 6'.
We proceeded with purchasing the land based on the information we had and hired an architect and a
general contractor to get started with the project.
Even though the property is 7.5 acres the topography and other physical features of the property
(including a cemetery, power poles, and electric easement) limit where we can place the house and
woodworking shop. Because of John's disability, he needs the shop to be very close to the house so he
can walk between the two buildings.
On July 6, the architect took the site plans to the County Community Development Department and was
surprised to learn the setback for the shop had been changed from 6' to 75' on July 1.
From the start of the project, we considered the house and adjacent woodworking shop as one entity.
The house is designed to accommodate John's disability by having the entire living area on one floor, the
yard graded to allow him access without steps, many other handicap friendly design features and the
woodworking shop easily accessible for him from the house. This includes several exterior doors from
the house located close to the woodworking shop
Because of the topography, consisting of rather steep slopes, power lines, and a private cemetery, any
other location makes the woodworking shop significantly less accessible or inaccessible for John.
Locating the woodworking shop as we have planned allows easy access for John, maintains the beautiful
views from our house and still allows approximately 40' set back. To keep the woodworking s hop easily
accessible for John requires a flat, level, smooth walkway from the house. It should also be no more
than 6 —10 feet away. The only practical location is off to the side and behind the house. This allows
easy access from the house through the mudroom, master bedroom, and the porch off the kitchen and
great room.
We have spent many hours considering other locations for the house and woodworking shop and none
suit all of our needs. Had we originally known of the 75' set back requirement, we would not have
bought this particular piece of land.
We have lived in Albemarle County for 27 years. We have owned and operated the Earlysville Animal
Hospital since 1982 and raised our family here. We have looked forward to building our retirement
house here including a woodworking shop for John. He definitely wants to continue his lifelong hobby of
woodworking and furniture making. We never dreamt that this would not happen or that it would be
difficult for John to come and go from the shop. John's woodworking shop is currently located upstairs
at the animal hospital and the difficult access severely limits projects and ease of access for John.
After reviewing our application, I hope the Board agrees that changing the location of the woodworking
shop would put undue hardship on us. It is a unique situation and we are caught in the middle of the
change in setbacks. Had we applied for the building permit prior to July 1" the setbacks would not be an
issue. The woodworking shop's proposed location does not alter the character of the district nor cause
substantial detriment to the adjacent properties.
Thank you.
Sincerely,
hn and Kathleen Gruss
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