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Home My WebLink AboutAP200900005 Presentation 2009-09-01Q U Notice of Violation Appeal AP20090005 Robert I. Heide Manager of Enforcement September 1, 2009 of Af-' Description of Property Tax Map 139A, Parcel 20 Located on Baber Lane, Howardsville. 1.0 acre lot. Rural Area Zoning District. Flood Hazard Overlay District. Description of Property, cont. 'R O� At �<-PL tj ik4-; GDS Orthophoto showing Flood Hazard Overlay District in dark blue.. Description of Property + + + + + + + + + 0 FT nn_ ZONE X � koddwuse GWes95 'FD D"d, ZONE AE Itl "51'E zua0:: F? .10111 s r - -�% I- AIL- VE'd �.•' I qt 80aoou IEMARLE GW2032 OUNTY c y d 'BUCKINGHAM tC' + COUNTY 5 HOWARDSVILLE TPKE ¢' + SPECIAI. FLOOD HA7ARr AR -Al T 4179111- + + + T A- 417] -1- + + '1..d H_.." - I 1 Z E AH AG AR A99, I, .d VE. The P.a: _ h - er -t.;. f the 1,. ni. ia ... . fl on 6 -1- -1 +ql Base Flood Elevations determined. ZONE Ali FEMA map showing floodway area. Of Af--& 4�'d rw 111 cont. f I_FGFND fREFUM SPECIAI. FLOOD HA7ARr AR -Al T INUNDATICIN P.Y 'FHF 1 /„ ANNUAL CHANCE FLOOD F A- 2, 11 .1111 Hazard h If q Id Spq! A - _ be are j -n<d e by tl.e 1/ IrMan�� d. m Spec al ❑evx( '1..d H_.." - I 1 Z E AH AG AR A99, I, .d VE. The P.a: _ h - er -t.;. f the 1,. ni. ia ... . fl on ZONE A No Base Flood Elev l-, determined. ZONE AE Base Flood Elevations determined. ZONE Ali Flood depths of 1 0 3 feet (11 ally areas of pondingl; Base Floc Elevators, determ'ned ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on slop ng terra - elage depths d— —d. For areas of all- al fan fllod'ng, veloc t also duuniin�d- ZONE AR Special Flood Hazard Area formerly protected from the 1% annu chance flood by a flood control system that w subsequent decertified. Zane AR indicates that the former flood c 1111 system being restored to provide protection from the 1% annual chance t greaser flood. ZONE A99 Area to be Ploteled from 1% ual chance flood by a Feder flood Protelion system under cons[ action; no Base Flood Elevation determined. ZONE V CO-SW1 flood Z with velocity hazard (wave -lion); no Base Floc Elevations determ ned. ZONE VE Coastal flood zone with velocity hazard (wave actors); Base Flood Elevation determmed. ,.. FLOODWAY AREAS IN ZONE AS The floodway kept free of is the channel of a scream Plus any adjacent floodplain a as that man F encroachment so that the 1% annual chance flood can beec-rried zbI, substantial increases In flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2% a ual chance flood; a s of 1% ..... I chance flop with a erage depths of less than 1 foot o with drainage as less tha 1 sq ua mile; and ..... .r—d by levees from 1% annual than, e flood. OTHER AREAS 'ONE X Areas determined m be outside the 0.2% annual chance iloodplain. ZONE D Areas in which flood hazards are undetermined, but possible. COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS OTHERWISE PROTECTED AREAS (OPAS) CBRS areas and OPAS are normally located wit- o, adjacent ro Special Flood Hazard Area Flondplain boundary Flondway boundary 'one D boundary ..................•• CBRS and OPA boundary "r-�'R 7+vt!'i.*dpa.X3s94dii 6 dry d' iding Spec al Flood Hazard Area Zones ar » I� bo1 Clary d' 'ding Specal Flood Hazard Areas of d -ffere Base Flood Elevations,flood depths or good velocities. —$13 — Base Flood Elevation line and value; elevation in feet' (EL es]) Base Flood El e..— value where uniform within zonr elevation in Feet" `Referenced t1 th_ North Am-- Vertical Datum 1f 1988 y^� Cmss section line FEMA map showing floodway area. Of Af--& 4�'d rw 111 Background of Appeal F A$ April 7, 2009 — Violation report received from County Assessor Staff. April 30, 2009 —Met with owner (appellant) who identified original dwelling as the Morris House. Stated that new construction was "grandfathered" due to original structure being legal non - conforming. May 8, 2009 Notice of Violation Sent. Mr. Crews appealed NOV on June 5, 2009. F A$ Determination of Violation Notice of Violation identified: 30.3.04 Prohibited Uses section of the Flood Hazard Overlay District was violated. 4. Structures designed or intended for human habitation, including mobile homes, regardless of proposed usage. Grounds for ZA Decision F A$ Structure is intended for human habitation. Kitchen, bathroom, bedrooms, common area. Electricity, plumbing, satellite TV, security alarm, propane supply (tanks). Grounds for ZA Decision, cont. Of Af--& Structure is new and not a renovation of original home. While some material may have been recycled, the overall structure has changed significantly. Before After Grounds for ZA Decision, cont. Of Af--& Structure was built without a permit in the Floodway. Appellant applied for a Farm Building permit in OCT 2008. The permit was denied due to being located in the Floodway. Post - construction, appellant applied for a building permit to renovate the original home in MAY 2009 after notification of violation. The permit was denied due to original home being demolished and new home being located in Floodway. County Engineer determined, by using FEMA map, that entire parcel was located in the Floodway. Appellant's Justification and Staff Response The original dwelling existed prior to the Zoning Ordinance adoption. F A$ It is true that the dwelling identified as the "Morris House" existed prior to the adoption of the current ordinance in DEC 1980. Appellant's Justification and Staff Response, cont. Of Af--& 6% t All work is permitted since original dwelling is legal non - conforming. 30.3.9.1 states that the cost of restoration cannot meet or exceed 50% of the cost of reconstruction. Since the home has had no value assigned to it for tax assessment purposes for at least 30 years, there is no value to establish a dollar amount. Appellant's Justification and Staff Response, cont. That the work done did not alter the leaal non- Of Af--& 6% t conforming status of the original dwelling. 30.3.9.2 states that "any substantial improvement or expansion" requires that all sections of the Zoning Ordinance be met. This structure qualifies as a substantial improvement because appellant: Demolished an uninhabitable dwelling. Built a new habitable dwelling. Exceeded the 50% cost identified in the definition of Substantial Improvement. The estimate contained in the building permit application (May 2009) was $75, 000. That means that the original home must be worth a minimum of $150, 000. This is clearly not possible. F A$ Conclusion Non - conforming status is lost: Since the dwelling had no value, it would be impossible to renovate it in any manner and stay within 50% of any reconstruction cost. Virginia Code 15.2 -2307 states "Unless such building is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning ordinance of the locality." While the Zoning Ordinance is silent on the two year time frame, it is clear that the state code intends a limit on abandonment of nonconforming use. Conclusion, cont. F A$ Since non - conforming status was lost, 30.3.04 prohibits any habitable structure "regardless of proposed usage" from being located in the Flood Hazard Overlay District. Staff recommends that the Board uphold the Zoning Administrator's determination of violation.