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Home My WebLink AboutVA200900005 Legacy Document 2009-09-04 (5)VA 2009-005 Jame A-lbewrle County Ba�..pf_Zoning September 1- rews d District Variance is NOT same analysis peal NOT standard variance criteria; Considered under Section 30.3.10 Waiver, Modification and Variance of Regkolions District 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. District -1 _ - - 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. 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. While the gra=g of varices generally is limited to a lot size less thQ one-half acre (as set forth in paragraph (a)(2) of this section), deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justificequired for issuing a variance increases. Paragraph (a)(2): Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level Title 44 Subchapter B Insurance and Flood Hazard Mitigation, Criteria for Land Management and Use, Requirements for Floodplain Management Regulations 30.3.10 WAIVER, MODIFICATION AND UBIANC-E—OF NE TION 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 n shall be deemed tacit agreement with such request. -------------------------------------- 11 - Com may • •-�f� -• err �� herefore,' this requesi �� !r rflJ� rJffl�, p7- addi� !-a 34.2, the A 1. No variance, modification or waiver shall be granted to section 30.3.4. Section 30.3.4 Prohibited Uses, includes: 4. Structures designed or intended for human habitation, including mobile homes, regardless of proposed usage. M--4 - - erefore, a waiver/variance can not a struc for human habitation, regardless of propose usage. --d anci modification or waiver shall be =grin which would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. The applicant information to re, jsult-in any is occurrence � His letter4moN has not provided engineering confirm that this structure would not grease in floo�l levels during they,, an n P- -u-n-d rel -ye a r flood d i s oAwg e. a at the meeting. Sta information. TWeed time to ree irrr��t�n w� 3. Vadgpce, modificann ori shall only be issued upon: (a) a finding of good and sufficient cause; The applicant notes: No other property in the same zoning district and the same vicinity is of similar size, shape and location. 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,pxesex�.s, game farms, fish hate eries, shooting preserves, ki; et ranges, hunting, fishing and hikin boo tic fields and444a. noFor: personal wir,- ervice ,and no other permitted use is substantially beneficial. dification or waiver shaiimonly be issued tiding of good and sufficient cause; Staff notes: a) This property is not unique; there are 162 parcels (in the County) that are wholly within the 100 year floodplain and are therefore subject to the FH regulations; b) Preserving the investment in this building (built without a permit) is not cause for approval; c) FEMA variance criteria state in part that the granting of a variance is generally limited to a lot size less than one-half acre. 3. VSjWdification or waiver shailonly be issued upon : (b)--!a-d-atermination that failure to grant such variance would result in undue hardship to the _applicant; The applicant notes: The property consists of approximately 1 acre, classified by the County tax authorities as residential property. Its highest and best use is for the use intended by the apples . In the absenc�f a variance, the property will havenIrubstantial bene,J_ use whatever, therefore, the strict applicajjpn of the ordinance to this property will be tantamount to confiscation. 3. Mdification or waiver shaiionly be issued upon . P14P�-d-e-termination that failure to grant such variance would result in undue hardship to the _applicant; Staff contends that the property has value and available uses. Available uses (per RA and FH) on this property include: Agricultural uses (excluding any structures) and uses (excludingy Vis). P � and inga�assessed )gnizing some value. While there was previously a home on the property and the applicant was given incorrect information about building this house, that is unfortunate, but does not constitute grounds for finding undue hardship; Zoning restrictions for use of this property have not changed since the owner acquired it in 2003; "Reasonable use" does not guarantee construction of a building; 3. VW-,a'dpce, mo Ca or- waiver-shall only. aW ssued upon : c) a r'm ation 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. The applicant notes: The property is a traditional residential property and has been so used for over 100 years, therefore maintaining the existing structure will merely retain its 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. 3. Vance, modificann oriMM, shall oQ�V, be issued upon : c) a deamination 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. Staff notes that this criterion can not be met without a) comment from FEMA (or decision not to comment); and b) submittal of technical information that is confirmed by the County Engineer. Staff further notes that allowing a structure in the floodway, can result in danger to life and property on this parcel and downstream. In order for this request to be approved: We must either have received comment from FEMA or 30 days must have passed from notice; AND The approval can not involve a prohibited use; AND Positive findings must be made for all four (4) of the variance criteria (#2 and #3 in 3 parts) Because these criteria and findings have not been met, staff recommends denial of this variance request.