HomeMy WebLinkAboutVA201000004 Legacy Document 2010-08-26 (5)VA -2010-4
Larry Miller
Lot 1, Blue Hills Subdivision
Applicant's Request
■ Applicant is requesting a variance of 4.5 feet in
order to meet the 75 ft. setback along Advance
dills Rd.
■ The footprint of the dwelling was shifted during
construction due to rock and was inadvertently
constructed within the setback.
■ The encroachment was not discovered until a
physical survey showed the house 70.5 feet from
the property line.
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2010/05/03
Staff Analysis
■Newly constructed dwelling with purchasers
awaiting the outcome of this variance.
■ Without the variance, the only remedy is costly
reconstruction of the dwelling.
■ Actions by both the staff and the builder created a
hardship. The prospective purchasers of the home
have a legitimate hardship as this was no fault of
their own.
■Staff agrees that a hardship does exist, however, was
created by the applicant.
(TIAL
SERVICES
Staff Conclusion and
Recommendation
■ Of the three criteria for granting a variance
only one of these has sufficiently been met.
Therefore staff must recommend denial of
the request.
■ Should the Board grant the variance, staff
recommends a condition that a variance of
5 ft. is approved for the front setback along
Advance Mills Rd. for 70 ft.
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