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HomeMy WebLinkAboutVA200900005 Legacy Document 2009-09-04 (3)AL o � 41 ` `F �rRGiN�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 August 14, 2009 Rich Sobota Mitigation Planner, FPM&I U.S. Dept. of Homeland Security One Independence Mall, 6th FI., 615 Chestnut Street Philadelphia, PA 19106-4404 Re: Floodplain Variance Request — Notice to and Comment from Federal Insurance Administration Dear Mr. Sobota: This letter is in follow-up to our telephone call on this matter. In accordance with Albemarle County Zoning Ordinance Section 30.3.10 (below), we are providing notice to your agency of a request for waiver or variance of our floodplain regulations. This variance is scheduled to be heard by our Board of Zoning Appeals on Tuesday, September 15'. It would be most helpful if you could provide written comment about this application for the Board's review. The subject property is located at 3530 Baber Lane in Howardsville, VA. It is found on the Albemarle County tax map as tax map 139A, parcel 20. The property is owned by James E. Crews. Page 2 of the variance application provides the applicant's justification. To our knowledge, this is the first request for variance or modification of our floodplain regulations. Please note that our local zoning regulations (in several respects) are more stringent than the federal regulations for development in the floodplain. Section 30.3.04 (4) prohibits "structures designed or intended for human habitation, including mobile homes, regardless of proposed usage." The relevant zoning regulation providing for a variance or modification follows: 30.3.10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS In order to assure continued qualification for the regular program of the National Flood Insurance Program, no waiver, modification or variance of the regulations of section 30.3 shall be granted by any board, commission or officer of Albemarle County until comment has been received from the Federal Insurance Administration. Notice to the Rich Sobota, Mitigation Planner, FPM&I August 14, 2009 Page 2 Federal Insurance Administration shall be in accordance with section 15.2-2204 of the Code. Failure of the Federal Insurance Administration to respond within thirty (30) days of such notice shall be deemed tacit agreement with such request. In addition to the foregoing and section 34.2, the following shall apply: 1. No variance, modification or waiver shall be granted to section 30.3.4. 2. No variance, modification or waiver shall be granted which would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. 3. Variance, modification or waiver shall only be issued upon: (a) a finding of good and sufficient cause; (b) a determination that failure to grant such variance would result in undue hardship to the applicant; and (c) a determination that the granting of such variance would not result in additional threat to public safety, extraordinary public expense, create public nuisance, cause fraud or victimization of the public or conflict with local laws or ordinances. 4. Where such variance would result in the location, construction or substantial improvement of a structure below the one hundred year flood elevation, the zoning administrator shall notify the applicant that such development may result in increased premium rates for flood insurance and that such development may result in increased hazard to life and property. 5. The zoning administrator shall maintain records of all such variance applications including such material considered in review and disposition of the same for review upon request of the Federal Insurance Administration If you have any questions for the applicant, his contact information is provided on the first page of the variance application. If you have any questions for me, please do not hesitate to contact me at 434-296-5832 (x3229) or amcculle(a�albemarle.org. I look forward to hearing from you. Sincerely, RM4 '4U'r Amelia G. McCulley, A.I. '.P. Zoning Administrator Attachments: A - Albemarle County Zoning Ordinance Section 30.3 Flood Hazard Overlay District B — Application for Variance C — Copies of photographs of property D — Copy of floodplain map ALBEMARLE COUNTY CODE Attachment A 30.2.5 NOISE PERFORMANCE STANDARDS Any building or structure intended for human occupancy or use proposed to be located within the noise impact area shall be designed and constructed in accordance with the acoustical performance standards in section 30.2.5.1. Building plan conformance to these requirements shall be certified by the Albemarle County building official prior to initiation of construction activities. "As -built" conformance to these requirements shall be certified by the building official prior to the issuance of any certificate of occupancy. Plats or plans of lands within the noise impact area approved by any Albemarle County official shall prominently display a disclosure statement that such plat or plan includes land and/or buildings within the AIA noise impact area. 30.2.5.1 ACCOUSTICAL PERFORMANCE STANDARDS Land Use Category Residential Public and quasi -public use: School Library Church Hospital Auditorium, concert hall, etc. Parks and recreation, sports arena Office Commercial Retail Movie theatre Hotel, motel Distribution, industry Manufacturing and assembly industry 30.2.6 CLUSTER DEVELOPMENT, BONUS FACTORS Maximum Interior Noise Levels [dB(a)l Ldn <45 Ldn <45 Ldn < 45 Ldn <45 Ldn <45 Ldn <45 Ldn < 70 Ldn <55 Ldn <55 Ldn <55 Ldn < 55 Ldn <70 Ldn <70 No cluster development or bonus level provisions or regulations will be permitted unless the commission shall determine that such development will reduce or be equivalent to hazard and/or noise impacts anticipated under standard level -conventional development of the underlying zoning district. 30.3 FLOOD HAZARD OVERLAY DISTRICT - FH 30.3.01 INTENT It is intended that the flood hazard overlay district hereby and hereafter created shall be for the purpose of providing safety and protection from flooding. More specifically, these provisions are intended to restrict the unwise use, development and occupancy of lands subject to inundation which may result in: danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment. It is further intended that these provisions shall be adequate for qualification and continuation of Albemarle County on the regular program of the National Flood Insurance Program as administered by the Federal Insurance Administration and the Federal Emergency Management Agency (FEMA). To these ends, provisions have been developed in accordance with regulations governing the regular program. (Amended 2-5-05) 18-30-5 Zoning Supplement #33, 2-5-05 ALBEMARLE COUNTY CODE (§ 30.3.01,12-10-80; Ord. 05-18(l),1-5-05, effective 2-5-05) 30.3.02 APPLICATION 30.3.02.1 DFFINITIONS--GENERALLY The flood hazard overlay district shall include all areas subject to inundation by the waters of the one hundred year flood. The source of this delineation shall be the Flood Insurance Study for Albemarle County and Incorporated Areas and the Independent City of Charlottesville prepared by FEMA, effective on and after February 4, 2005 (the "flood study"). (Amended 2-5-05) The following definitions shall apply in the administration and interpretation of this section 30.3: 1. One -hundred year flood: The term "one -hundred year flood" is a design storm of a specific intensity and duration with a return frequency of one -hundred years or a one -percent probability of being equaled or exceeded in a given year. The term "one -hundred year flood" is also referred to as the one (1) -percent annual chance flood. (Added 2-5-05) 2. Base flood elevation (BFE): The term "base flood elevation" is the one -hundred year flood elevation that has been determined at a cross section of a stream reach, as designated in the flood study. (Added 2-5-05) 3. Flood plain: The term "flood plain" means any land susceptible to being inundated by the flood waters generated by a one -hundred year flood, as designated in the flood study. (Added 2-5-05) 4. Floodway: The term "floodway" means the stream channel and that portion of the adjacent flood plain that must be reserved to carry and discharge the waters of the one -hundred year flood, as designated in the flood study, without increasing the flood water surface elevation at any point more than one (1) foot above the base flood elevation and provided that hazardous velocities are not produced. (Amended 2-5-05) 5. Floodway fringe: The term "floodway fringe" means that portion of the flood plain that lies between the floodway and the outer limits of the flood plain, as designated in the flood study. For the sole purpose of determining permissible uses under sections 30.3.05.1.2 and 30.3.05.2.2, the floodway fringe also shall include the approximated flood plain. (Amended 2- 5-05) 6. Approximated flood plain: The term "approximated flood plain" means those flood plain regions where base flood elevations have not been determined, as designated in the flood study. (Amended 2-5-05) 7. Development: The term "development' means, for the purposes of this section only, any man- made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (Amended 2-5-05) 8. Substantial improvement: The term "substantial improvement' means, for the purposes of this section only, any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, the market value before the damage occurred. For the purpose of this definition "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications 18-30-6 Zoning Supplement tt33, 2-5-05 ALBEMARLE COUNTY CODE which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the Virginia Historic Landmarks Commission. (Amended 2-5-05) 9. Start of construction: The term "start of construction" means, for the purposes of this section only includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the fust placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Added 6-10-87; Amended 2-5-05) (§ 30.3.02.1, 12-10-80; 6-10-87; Ord. 05-18(1), 1-5-05, effective 2-5-05) 30.3.02.2 DETERMINATION OF FLOODWAY FRINGE IN THE APPROXIMATED FLOOD PLAIN Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway fringe within such lands. In his determination of the limits of the floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The county engineer shall require the applicant to provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant. (§ 30.3.02.2, 12-10-80; Ord. 01-18(6), 10-3-01; Ord. 05-18(1), 1-5-05, effective 2-5-05) 30.3.03 GENERAL REQUIREMENTS FOR FLOOD HAZARD OVERLAY DISTRICTS 30.3.03.1 LOCATION OF UTILITIES AND FACILITIES All new or replacement water and sewer facilities shall be located and designed to: minimize or eliminate infiltration of flood waters into such systems and in the case of sewer facilities, discharge of effluent into flood waters; minimize damage or impairment caused by flooding. In review for and issuance of a permit for the installation of a septic system or well, the local office of the Virginia Department of Health should be mindful of the intent of this section. All new utilities such as gas lines, electrical and telephone systems to be located in the flood hazard overlay district shall be located and designed to minimize damage and impairment and to prevent flotation or dislocation due to flooding. 30.3.03.2 DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT In order to comply with the requirements of the regular program of the National Flood Insurance Program, no construction or other development shall be undertaken without prior issuance by the zoning administrator of a development permit. The purpose of such permit shall be to determine the effects of the proposed construction or development on the flood carrying capacity of the water course. No development permit shall be issued for any use, structure, activity, fill, new 18-30-7 Zoning Supplement 433, 2-5-05 ALBEMARLE COUNTY CODE construction, substantial improvements or other development which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. In making such determination, the county engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source and may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers and such other qualified agencies and persons as he deems appropriate. (Amended 6-10-87) Where buildings and structures and substantial improvements thereto are permitted under the terms of this section within any subdistrict of the flood hazard overlay district, the same shall be designed and/or modified to prevent flotation, collapse or lateral movement as a result of flooding and shall be constructed only in accordance with the requirements of the Virginia Uniform Statewide Building Code for potential hazards. In addition, materials and utility equipment employed in such construction shall be resistant to flood damage. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (Amended 6-10-87) For purposes of the regular program, the zoning administrator, at time of issuance of a building permit for new construction, shall make and maintain record of: the one hundred year flood elevation on the lot or parcel on which the building or structure is to be located; the elevation of the lowest floor of such building or structure, including basement or cellar; and where flood proofing of the building or structure is proposed, the elevation of the finished flood proofing. No building permit, including special footings and foundation permits, or grading permit, shall be issued within any subdistrict of the flood hazard overlay district until the applicant for such permit has demonstrated to the reasonable satisfaction of the zoning administrator that all necessary permits and/or other approvals have been received from those governmental agencies from which approval is required by Federal Water Pollution Control Acts Amendments of 1972, 33 U. S. C. 1334. (Amended 6-10-87) 30.3.03.3 ALTERATION OR RELOCATION OF A WATERCOURSE Whenever a person intends to alter or relocate a watercourse within any of the three (3) subdistricts of the flood hazard district, the person shall notify in writing by certified mail all adjacent communities and the State Water Control Board of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notification to the Federal Insurance Administration. The person shall also assure the board of supervisors in writing that the flood carrying capacity within the altered or relocated portion of the water course in question will be maintained. 30.3.04 PROHIBITED USES 1. Storage of gasoline, kerosene and other petroleum products and flammable liquids, dynamite, blasting caps and other explosives, pesticides and poisons and other such materials which could result in hazard to life and/or water pollution in the event of flooding. 2. Storage of machinery and vehicles except as accessory to a permitted use. 3. Stockpiling of debris, logs, junk cars and similar materials. 18-30-8 Zoning Supplement #33, 2-5-05 9111:7alirGk7Oa[Kil8' 6ilr,il!304 4. Structures designed or intended for human habitation, including mobile homes, regardless of proposed usage. 30.3.05 PERMITTED USES The following uses may be permitted within the flood hazard overlay district in accordance with the requirements of this section and as specifically provided in the underlying zoning district. 30.3.05.1 BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: 30.3.05.1.1 BY RIGHT WITHIN THE FLOODWAY The following uses or activities are authorized within the floodway as a matter of right: I. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, viticulture and forestry. 2. Recreational uses (excluding structures of any kind and uses involving human habitation) such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds. 3. Flood warning aids and devices, water monitoring devices and the like. 4. Fences. 5. Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility, but excluding tower structures. (Added 7-1- 81) (Amended 5-12-93) 6. Water distribution and sewage collection lines and appurtenances owned and operated by the Albemarle County Service Authority, but excluding pumping stations and holding ponds. (Added 7-1-81) 7. If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by the county, a soil and water conservation district, or a public agency authorized to carry out flood control or environmental restoration measures; or (ii) are reviewed and approved by the department of engineering and public works in accordance with the water protection ordinance. a. The purpose which will be served by the project, as determined by the department of engineering and public works, is either flood control or environmental restoration; b. The amount of fill material placed within the floodway, floodway fringe or approximated flood plain does not exceed the amount of cut material removed from the same floodway, floodway fringe or approximated flood plain in which the fill was placed; c. No natural streams will be relocated; and d. The project will use natural materials such as rock and vegetation, and will not use engineered structures such as those identified in section 30.3.05.2.1(5). 8. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) 18-30-9 JZoning Supplement #33, 2-5-05 ALBEMARLE COUNTY CODE (Ord. 98-18(2); 9-16-98; Ord. 04-18(2),10-13-04) 30.3.05.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE 1. Uses permitted by right in the floodway. 2. Accessory structures to uses permitted by right in the floodway, excluding structures for human habitation; provided that any such structure permitted shall be firmly anchored to prevent flotation, collapse or lateral movement due to flooding. Pedestrian and multi -use paths that are within county owned or operated parks and greenways; provided that any filling of land has been approved by the county engineer in accordance with section 30.3.06.1(1) through (5); and any footbridges necessary to cross tributary streams, watercourses and swales have been approved by the county engineer. (Added 2-5-05) (§ 30.3.05.1.2, 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05) 30.3.05.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31 .2.4. 30.3.05.2.1 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY The following uses or activities are authorized within the floodway by special use permit: 1. Dams, levees and other structures for water supply and flood control. 2. Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types. 3. Sod farming, topsoil, sand and gravel removal. 4. Pump stations for water or wastewater including power supply and control devices, holding ponds and other appurtenances. 5. Engineered structures including, but not limited to, retaining walls and revetments made of non -natural materials such as concrete, and gabion baskets, which are constructed along channels or watercourses for the purpose of water conveyance or flood control. 6. Hydroelectric power generation (reference 5.1.26). (Added 4-28-82) 7. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (Ord. 98-18(2); 9-16-98; Ord. 04-18(2), 10-13-04) 30.3.05.2.2 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE I . Uses by special use permit in the floodway. 2. Aircraft landing strip excluding structures and aircraft parking/storage. 3. Landfill permit (reference 30.3.6). 18-30-10 Zoning Supplement 1133, 2.5-05 ALBEMARLE COUNTY CODE 4. Electrical transmission lines and related towers; micro -wave and radio -wave transmission and relay towers. 30.3.06 LANDFILL PERMITS FOR FLOOD PLAIN ALTERATION 30.3.06.1 PERMIT REQUIREMENTS In addition to such conditions imposed by the board of supervisors in approval of a special use permit, a landfill permit approval by the county engineer is required for the filling of land in the floodway fringe. No permit shall be issued or approved until the site development plan for such fill of land shall have been submitted to the county engineer indicating the following requirements have been met: In the case of residential usage, the finished grade shall be at or above the one hundred year flood elevation for the lowest floor, including basement or cellar of a structure. For a nonresidential structure, watertight flood proofing in accordance with the Virginia Uniform Statewide Building Code may be provided in lieu of the finished grade described herein; 2. The filling of land shall be designed and constructed to minimize obstruction to and effect upon the flow of water and more particularly that: a. Such fill will not, in the opinion of the county engineer, result in any increase in flood levels during the occurrence of a one hundred year flood discharge; b. The flood carrying capacity of the watercourse shall be maintained; c. No fill shall be placed in the floodway; 3. Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions, bulkhead or other acceptable method. Any structure, equipment or material permitted shall be firmly anchored to prevent dislocation due to flooding; 4. Fill shall be of a material that will not pollute surface water or groundwater; 5. Where in the opinion of the county engineer additional topographic, engineering and other data or studies are necessary to determine the effects of flooding on a proposed structure or fill and/or the effect of such structure or fill on the flow of water in flood stage, the county engineer shall require the applicant to submit such data or studies. 30.3.06.2 Repealed 2-5-05 30.3.07 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRICT The delineation of the flood hazard overlay district may be revised, amended and modified by the board of supervisors in compliance with the National Flood Insurance Program when any of the following conditions are met: Upon completion of a fill operation in accordance with section 30.3.06.1; and, county engineer receipt of notification from FEMA that a map amendment based on the placement of fill has been issued; and, at such time as the county engineer is reasonably satisfied that such fill is stabilized, at a finished grade above the one hundred year flood elevation, and in compliance with any related conditions imposed by the board of supervisors in approval of a special use permit; the county engineer shall notify the board of supervisors of such fording. The board of supervisors shall review such finding for amendment of the flood hazard overlay district as generally provided in section 33.0 and particularly provided in section 30.3.07. In 18-30-11 Zoning Supplement #33, 2-5-05 ALBEMARLE COUNTY CODE the event of amendment, lands deleted from the flood hazard overlay district shall enjoy all uses of the underlying zone, as such uses are permitted therein. (Added 2-5-05) 2. There are changes through natural or other causes. 3. There are changes indicated by FEMA issuance of letters of map amendment (LOMA) or letters of map revision (LOMR). (Added 2-5-05) 4. There are changes indicated by future detailed hydrologic and hydraulic studies. All such changes are subject to the review and approval of FEMA. (§ 30.3.07, 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05) 30.3.08 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as bridge openings restricted by fill or debris. This ordinance does not imply that areas outside the flood hazard overlay district or land uses permitted within such districts will be free from flooding or flood damage. This ordinance shall not create liability on the part of Albemarle County or any officer, agency or employee thereof, for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made hereunder. 30.3.09 RESTORATION OR REPLACEMENT OF NONCONFORMING USES Irrespective of the provisions of section 6.0 of this ordinance, for the purpose of this section, the following shall apply to the flood hazard overlay district: 30.3.9.1 If a nonconforming structure or activity is destroyed or damaged in any manner to the extent that the cost of restoration is equal to or greater than fifty (50) percent of the cost of entire reconstruction, it shall be restored only if such complies with the requirements of this ordinance. 30.3.9.2 Any substantial improvement or expansion of a nonconforming structure or activity shall comply with the requirements of this ordinance. 30.3.10 WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS In order to assure continued qualification for the regular program of the National Flood insurance Program, no waiver, modification or variance of the regulations of section 30.3 shall be granted by any board, commission or officer of Albemarle County until comment has been received from the Federal Insurance Administration. Notice to the Federal Insurance Administration shall be in accordance with section 15.2-2204 of the Code. Failure of the Federal Insurance Administration to respond within thirty (30) days of such notice shall be deemed tacit agreement with such request. In addition to the foregoing and section 34.2, the following shall apply: 1. No variance, modification or waiver shall be granted to section 30.3.4. 2. No variance, modification or waiver shall be granted which would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. 3. Variance, modification or waiver shall only be issued upon: (a) a finding of good and sufficient cause; (b) a determination that failure to grant such variance would result in undue 18-30-12 Zoning Supplement #33, 2-5-05 ALBEMARLE COUNTY CODE hardship to the applicant; and (c) a determination that the granting of such variance would not result in additional threat to public safety, extraordinary public expense, create public nuisance, cause fraud or victimization of the public or conflict with local laws or ordinances. 4. Where such variance would result in the location, construction or substantial improvement of a structure below the one hundred year flood elevation, the zoning administrator shall notify the applicant that such development may result in increased premium rates for flood insurance and that such development may result in increased hazard to life and property. The zoning administrator shall maintain records of all such variance applications including such material considered in review and disposition of the same for review upon request of the Federal Insurance Administration. 30.4 NATURAL RESOURCE EXTRACTION OVERLAY DISTRICT - NR 30.4.01 INTENT This natural resource extraction overlay district (herein referred to as NR) is created to provide for the utilization of spring water for off-site consumption, sand, gravel, stone or other mineral deposits within the county in a manner compatible with adjacent land uses. NR districts may be established where deposits of sand, gravel, stone or other minerals exist; where the uses permitted hereunder are unlikely to create effects adverse to public health, safety and welfare or to the value of adjacent properties; and specifically where existing roads will not make it necessary to conduct trucking operations through developed residential areas or areas likely to be developed for residents during the course of any extractive use. (Amended 6-10-92) 18-30-12.1 Zoning Supplement 433, 2-5-05 [THIS PAGE INTENTIONALLY LEFT BLANK] Zoning Supplement #33, 2-5-05 Application for Attachment B Variance ON APPEAL ❑ Variance = $120 Project Name: Cottage @ Howardsville, VA Tax map and parcel: 1394 '�1agisterial District: Scottsville Physical Street Address (if assigned): Location of property (landmarks, intersections, or other): Tntprsprtinn of TamaG River t Hnwaramiillp turnpike Contact Person (Who should we call/write concerning this project?): Frederick hr Payne — Payne & Hodous, L.L.P. Zoning: RA/FH Address 414 Fact ,Tpffprsnn c;trppt, City Charlottesville State VA Zip 22902 Daytime Phone4( 34) 977-4507 Fax # (434i 977-6574 E-mail f Wpa 0paynehodous - cum Owner of Record Tames F Crews Address 292 Logan Road City jSC0t17Gvi 1 1 P State ern Zip9aFQn Daytime Phone C434) 391-4717 Fax # C__) Applicant (Who is the Contact person representing?): James E Crewe E-mail lindatysoncrews@yahoo.com Address 292 Logan Road City Scottsville State -yA Zip 24590 Daytime Phone C434 391-4717 Fax # C� Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: FOR OFFICE USE ONLY VA # E-mail lindatysoncrews@yahoo.com ZONING ORDINANCE SECTION: /� I % :7V ff � , /V K Fee Amounl $/�D 00 Date Paid ���i/ By who? (� 1 c fit/ "� Receipt #w Date: County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 rhe following ini'ormation 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) 'Thc 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 Counly of Albemarle. 4) Description of Request (include dimensions, measurements or sizes in feet): Con Ll-I-tirhrwl 5) Justification shall be based on these three (3) criteria: I . That the strict application of this ordinance would produce undue hardship. ,cc Attached 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. See Attached 3. That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district wil I not be changed by the granting of the variance. See Attached 711108 Pup 2or, [p. 2 of Variance application] 4) To authorize the applicant to maintain the structure on the property and not to be required to remove the same. This structure consists of a portion of residence which antedated the zoning ordinance which was substantially altered by new construction which used the materials from the original residence in such a way as to (a) make the structure fit for occupancy; (b) raise it out of the level of foreseeable flooding; and (c) eliminate any danger that all or part of the original residence could, in flood conditions, become a hazard to downstream properties. Structure is built on piles which are securely anchored in below ground concrete and raised approximately 12 feet above ground level, above anticipated flood level. See photographs attached. The structure is designed and intended for part-time recreational use by the applicant, his family, friends and possible tenants and is not intended for use as a full-time residence. 5) [Justification] 1. The property consists of approximately 1 acre, classified by County tax authorities as residential property. Its highest and best use is for the use intended by the applicant. In the absence of a variance, the property will have no substantial beneficial use whatever, therefore, the strict application of the ordinance to this property will be tantamount to confiscation. 2. No other property in the same zoning district and the same vicinity is of similar size, shape and location. The location of the property is entirely within the FH overlay district, the flood area being constrained by the existence of the railroad and public highway to the north and the Rockfish and James Rivers to the west and south. The frontage of the property on the Howardsville Turnpike gives it public road access, which is desirable for beneficial uses not shared by other properties. The small size, shape, location and elevation of the property make it substantially unusable for traditional rural uses and other uses permitted by right or by special use permit, specifically including agriculture, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, hunting, fishing and hiking areas, athletic fields and the like; nor for personal wireless service facilities, and no other permitted use is substantially beneficial. 3. The property is a traditional residential property and has been so used for over 100 years, therefore maintaining the existing structure will merely retain As residential character. The recreational character of the use is consistent with uses permitted by right in the district. The reconstruction of the existing residence has greatly enhanced the appearance and value of the property, and the design protects adjacent and downstream properties from possible dangers from flooding. Owner/Applicant Must Read and Sign Thu application may he deferred by the staff or the Board of Zoning Appeals, if sufilcient information necessary to this review has nol been submitted by the deadline. Owneship 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 trust 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, URIC and Cnrreel to the hest of my knowledge and belief. Dtrr:-,L"" .rn�2- v e,c^>---nate:ofC)wneror Contract Purchaser, Agent __;. Craw:; 434 -391 -4717 -------- Print Name Daytime phone number of Signatory duos Page 3 of AP200900005 (Signs # 61 & 91) James Crews (owner/appellant) Appeal of Zoning Administrator's determination that the structure built in the floodplain is prohibited because it is designed or intended to be used for human habitation. Appellant claims construction of the structure is grandfathered. VA200900005 James Crews (ownerlapplicant) Request for variance of flood plain regulations to allow structure to remain (Section 30.3.10). Property is tax map 139A, parcel 20 is adjacent to the James River and is located at 3530 Baber Lane in Howardsville. It is zoned Rural Areas and Flood Hazard Overlav District. =4` Ad Ilk,i AN �is.y 401 �l ;:, u ,�' � / �, � R• ,.r ',,,. =. �� �� �. _f�^� ..�. 4,1 t � Yr � �� 1 vh �_`� I y ! � } ! ! / D IIIS||||iS■■SS ■CK30 \ ; � § = q •§ � � � 0 0 � \ ) C U \ ;