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HomeMy WebLinkAboutAP200900011 Application 2010-04-30^Variance = $120 rC�7/��� J �ZProject Name: 0 j1AI.Z'9/ Tax map and parcel: � ` Magisterial District: ko ` i z Zoning: Physical Street Address (if assigned): W 7 �/� � �AJ RD, r�t� 0/\40 J id, 2Z /V Location of property (landmark , intersectio s, ther : gtele 71 d 45 64W A) Contact Person (Who should we call /write concerning this project ?): 0 t:1-7— Address % 281 /W ON.WN RDcity /!IfCL (IIVX I V State 1 Zip Z21(2 4 O Daytime Phone (Y33 t 7_7' �Wr Fax # E -mail 4 rr,.7 r enj o I tz— C-7 Owner of Record h C9 ,�� Address Daytime Phone L_) Fax # ( _ ) Applicant (Who is the Contact person representing ?): Address Daytime Phone L_) Board of Zoning Appeals Action /vote: City City Fax # State Zip E -mail State Zip E -mail Arpyove, V4y' aAACL W/ STQs S��Q51f✓c� C2) C•c7i'4C(aTiO✓IS'� 1 J V) i91 0 Board of Zoning Appeals Chairman's FOR OFFICE USE ONLY VA # ZONING ORDINANCE SECTION: J f /% // Fee Amount $� Date PaiJ3 �/ O By who ?6 �% /� � �Z Receipt # �Ck# By: 04 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, ,VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126 7/1/08 Page 1 of 3 N 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, 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): 5) Justification shall be based on these three (3) criteria: 1. That the strict application of this ordinance would produce undue hardship. 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 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. 7/1/08 Page 2 of 3 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.._— _ .._r ._ ____:____ __ _ ________- -._ _ _ __ __. _ 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 hest of m17knowledge and belief. MINIMUM rrmt name Date: 173._ ��y9 Daytime phone number of Signatory 7/1/08 Page 3 of 3 ___FARRAR_WOLTZ_ 4289 Free Union Rd. Free Union, Va. 22940 cell: 804 - 651 - 9631 434 -973 -4449 farram. oltz @lsotmail.com APPLICATION FOR A VARIANCE 4) Description of Request (include dimensions, measurements or sizes in feet): This request is regarding 4289 Free Union Rd., a .466 acre property in the center of the village of Free Union. This property is found at the corner of Free Union Rd. and Buck Mountain Rd., Tax Map 29, Parcel 41E in the district of Whitehall. The property was designated as a Class A Historic Country Store as of November 12, 2008, with the zoning amendment ZTA 2006 -01. My research in Albemarle County deed books shows that there was already a store on the site in 1889 (Deed Book 91, p.220). The current building was built as a commercial building, a country store, around 1925, and continued in that use until the 1980's, when it lost its commercial status due to a lapse in continuous commercial use. Since then the use has been residential. My request is for a variance to enable two uses of this property: principally as a residence and secondarily as an antique store, re- instating commercial use within a portion of the building. 5) Justification shall be based on these three criteria: 1. That the strict application of this ordinance would produce undue hardship. The proposed antiques shop would occupy the front three rooms of the building, a total of 677 square feet or just under one quarter of the total square footage within the building. Currently, only one use is permitted based on the small amount of land that belongs to this parcel. The building takes up the majority of the available land. A. large part of the remainder of the parcel was paved in a road widening project at the intersection of Free Union and Buck Mtn. roads, as can clearly be seen in an aerial photo. The requirement is that for two uses within the property, enough land for a new drain field should be available should the current one fail. There is not enough land on this .466 parcel to satisfy this requirement, I ask that this requirement be waived for the following reasons: 1) principally, because the proposed second use involving 677 square feet of the 2,798 square foot building for an antiques store requires absolutely no water or septic. I have contacted the Health Department and Bill Craun confirmed that no I public restroom would be required, and I would not opt to provide one. It would be an undue hardship on me as the owner of this historically commercial property to lose the opportunity to use an otherwise suitable building and site due to a requirement for septic capacity that is in no way necessitated by the proposed second use as an antiques shop, a use that inherently requires no water or septic at all. 2) the current septic system was installed in 1999, with unusually deep trenches, 80" deep, and it has been regularly maintained by pumping. It has every likelihood of a long lifespan ahead of it. 3) were the current septic system to fail, under any circumstances, even the continued use only as a residence, there is a solution. The de facto solution, given the inherent limits to the site, is the installation of a so- called "nonconventional septic system" a compact and efficient type of system that requires little space and has a proven track record. The use of alternative or "nonconventional" septic systems is furthermore suggested for use in difficult lots in the zoning amendment ZTA 2006 -01 concerning Albemarle's historic country stores, of which this is one. I met with Charles Baber of VDOT on the site to verify that access and parking are deemed suitable for the proposed two uses and he confirmed that access and proposed parking would be safe, and adequate, so in all other ways the building and site should be suitable. 2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. This is a unique property with an unusually large building relative to the size of the land parcel in this part of the county. The building to land ratio is more along the lines of parcels in the City of Charlottesville, especially areas like Belmont or Fifeville, and such a ratio is very uncommon in rural Albemarle. Within the village of Free Union, there are some other unusual properties, but none of which would I foresee having this particular issue. 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. My building in Free Union is surrounded by commercial properties on two sides and residential properties on two sides, therefore, a mixed residential and commercial use would be entirely in keeping with the current uses in the immediate vicinity. The rest of the village of Free Union is a similar mix of C residential and commercial uses. The granting of a variance should have no detrimental effect to adjacent property and should provide a fun retail destination for customers of the several other existing businesses in the village of Free Union. The use I propose for part of my property, as an antiques store, is very low impact and would not involve a high volume of traffic. My next door neighbors and a number of other community members are aware of and support my plans. Free Union illustrates a successful village model, with a doctor's office, a cabinet maker, a builder, a small school, post office, groceries, gas, and car repair. Opening a retail business such as a small antiques store would complement not compete with existing businesses and draw locals and non - locals to enjoy the charm of the village of Free Union in its most classic country store building, 4289 Free Union Rd. This building at 4289 Free Union Rd. is eligible, by right, to re -open as a country store, due to the 2008 Country Stores zoning ammendment, although it would be impossible to meet the parking minimum of 7 customer spaces, stipulated by the requirement that at least 51 % of the total square footage be devoted exclusively to "country store use ". Furthermore, Free Union is already well served by the Maupin Brother's country store directly across the street. My request to open an antiques store in part of my building adheres to the intent of the 2008 zoning amendment which invites businesses selling a wide variety of goods, while targeting a market not yet served in Free Union; a focus on goods, accessories and furniture rather than food and convenience items which are already offered at Maupin's Store. I believe an antique store in an historic country store is an amenity and a destination for both local people and tourists already exploring the rural areas, sight seeing, cycling or while visiting local wineries. Albemarle County is blessed with scenic topography and sites of historic and cultural interest.The county has recognized the natural bounty of our rural areas and the benefits to promoting the preservation of historic buildings and the economic well being of our rural communities. Promoting businesses that add to the appeal and well-rounded self- sustainability of our villages, and promoting the preservation of our historic rural architecture is important to the long term success of the county as a whole. I would like for my antiques store to contribute to our community's rich rural character.