HomeMy WebLinkAboutLOD201700004 Application 2017-01-03Appi irati on I'or Zoning Van- encs~ (.or special exemptinin uader ADA and FFA Prravi sioras)
8 u brnituA by Mary Cocker[] le Garriss nil bellaK of
Dorothy and f lair id Flesse I [art,
11 } ] eemr,N Road.
Charloucsviile, VA
Jan a_ 2017
To Whom It May Con teal:
My hus band and I intend to apply for s bu ildi N perm it to adcl a new carport to our home
at 113 Deerwood Fid in Albemarle Cou nty. We also ince nd to enclose th a existing
carport to create a laundry and utility Foom, thus atlowIng us to live entirely on the main
floor of our Douse. Basel on our extensive research r fGc is t -he rnost cost�ffective and
practical option aria it abl a to us. si nce I am d isa bled, mfr husband is having more and
more difficulty using the stairs, and wo are both senior citizens on a fixed income_
After -drawing up preliminary plans for a new carport that woutd accommodate our cars
a nd my wheelchair-, we lea rn M that the setba ck requirements for the bu ildi ng would
interfere with our intended use of the structure. We were thea advised that we have the
option to seek a zoning variance.
In reviewi ng the require rnents for a vans nce, I beca m u aware of the p rosrision for
special GonsidE�rMion under the Americans vrith Disabilities Asst and the Fair Housi rig
,pct_ Here is what I learned
Part i I of I he ADA prohibits di scrim i nation against disabled persons. or den ial of the
benefits, services and priagrams of I I govern mart on the basis of d isa b it i ty.
Accordi ng to the raga I aftns i mple menting the ADA'
"A public entity shall make rQasonablc modifications in policies. practices, or
procedures when the modifications are necessary ko avoi d discri mi nation on the
basis of disa biiity, u Ness -the public entity -can demonstratia that maki ng the
modifi Talions would fundame ntal Iy alter the nate re of th a se rvi ce, prog ra rn, or
activity,"
These "policies, practices and prc ced u res" include local zoni`rrq. ordi n8 nce5. The
Tftfe li Technical Assistance Manual published by the Dspa rtal ent of J usti ce
includes the following commentary:
°91-306000. Reasonable modifications -
11 -3-6100 Ganeraf. A public entity must reascnaNy modify its policies, practices, or
procedures to avc id -d iscrim iniatio n. It the pu b.lic c ntily ca n d emonstrate, however,
Application for Xanhrig Vadmiiv4 (4,r specWl cxcmprion and-ur ADA and FFA previsions)
S L14milted b-- Mary Coukcri] Ic Garriss ori. bchal f o f
L�orothv and Cha%�d Hemelton,
I i 3 Deeny -and Rued,
C h rlolEcsvi l]c, VA
J,9n 3, 2017
th at the mod ifications would fundamentally alter the nature of its service, prong ra m,
or a ctivity, it is not required to maid the modi fication_
Accordi rig to Reasonable Accorrrmmdation in Hou.!ii q for the Disabled, by De n n is
tienman, Esq. of the law firm of Kell, Alterman & Runstein, LLP, federal law on the
matter is inner pr+eted as follows-- (emphasis mine)
Th a 1988 AmerNd menus to the Fa it Housing Act s pplies to both new hou si ng
construction a rid exi sling housi ng. The statute enumerates some desig n aspects of
new co{,str action that bu i Iders were required to cam ply with beg inning 30 months
after enactment of the 1988 Amendments.
With regard to existi ng housi ng, two types of Chang as apps y to mare a xi.Ong
housing more Accessi ble to people with d isa b ilities_ F irst, a handicapped person
ria ust W a laowed, at thei r own enc pense, to m a ke any +reasanabl a mod ifi tions"
necessafy fir their frill enjDymerrt of the promises_
Second, as already stated, `reasonable aecammaditions"
m ust be made i n "rul es, pol ides, practice& or services" necessary to afford
handicapped persons "equal opportunity to use and enjoy a dweffrrg."
ra ilure to allow the reasonable mod ifrcation or ma ke the reasonabl e
accommodation in rules, polices, practices, or services constitutes discrimiriation
on the basis of handicap ander the Act_
As you will see in my case, my need to have a carport i nstallied has a direct impact oil
my a bi Iity to have "flul I enjoyment" of our home, and on my rig ht to "eq ual oppa rtun its+ to
use and a njoy a dwel l ing,"
I came across numerous examples in my research of cases like mine in which a
variance or exception was g rs n ted to provide reasonable accommodation for a
disability. To illustrate, below is an excerpt from The Nbemade County Land Use Laver
Ha nd b-ook, Section -220; (next page)
AppJ ication for Zoning Varianoe (or special exem pt i on Linder ADA and FFA provisions)
Submitted 'by Mary C ockeri i I e (iia ' on E�rh�lf �l-
Dorniby +and David H-vssclton,
113 l)-crwood Road,
Charlottesvi I Je, VA
Jan 3, 2017
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It has been a rg u ed as wel I that i n d ivlduals with ha nd ica ps 5ftould have the abil its+ to
access their va h isles from indoor, (from a c*vered area). even though there might enc ist
an alternative wh ich would allow ou tdoor aocess. Here is an excefpt from a n arqu melt
preserri!ed by the law firm Mika Myers _ in Recognizing Conflicts Betwvoorp Your Zorring
Ordinance ar?d The A means with Disabolifres Act, 2014
1he tact that there might be Other, al tcrr al i vas whi-ch cumply wiRh the zoning ord i nan-ce is
Twt suffivicnt; Lfie focus is on wh,e[hur the modification would affrfrd people witli drab -;14-M4
the sank opporrur"es as those without disaixtiiti Thtus, frtv exarmplit, a rcqucsl to cxpsnd
a garage to accornm odate an indoor %YheO a hai r Tamp to an intc.7rJal door could not he de,nled
mcrely b"gra - an ouWoor whceluhair ramp to the front door could be cnrlstruc-ted lin
compf-lance with the zoning ordi nance. The ability to have ivdOOr acop :�s FFUm a vufilulc,
esl,-rcial ly during wll-nit r muni i s, may bc ncucssary to allurw a persOn with a disabi I ity lobe
,5amc: Cnicrymon of their home as other persons.
A ppl i L:alion for Zoning Varian: (.or spec i al omalipli nn under ADA and 1; FA pn)v isiens)
5 Uhm 111c7d by Mary Cocker[] I e Garriss on beha I f of
Dorolliy and l lLLwid F Ics t[un,
I I � I teerwood Road.
Charloct-csvillr,, VA
Jafl 3, 2017
One thi ng that stoiA out to me i n my research i s th at in a s penia I case i revolving a
disability, the burden of proof lies with the zoning board rather than with the individual to
"demonstrate that ma kirng the modifications would fundamentally after the nature of the
servioe, Program or ac6vitp°
According to The Alberna rle County Land Use Law Flanbbook, section I OO (Special
Situations), subsection 13-e O, -Variance applications reoeived from -disabled Persons
or facilities that serve persons protected by the Americana with Di bilities Act or the
Fair Housing Act req u ire special consideration. Under bath of those Acts, the locality is
required to make reasonable accomrn&dations from its policies and rules (.e -g-, its
zorri ng regu Iations and the criteria for g ranting a va ria nce i n Vi rg i n is -cod a 15-2-2 309(2 ))
so as n of to disorimi nate aga inst d isabled persons."
Fu rther, accord ing to Tire Albemarle Cou my La nd U se Law H and book, seatlo n 32-220,
th a anti-discrim ination provision of the ADA prohibits zoni ng decisions by a le -ca I ity that
fe I to reascKiably accommW ate persons with a d isabiNty ro al low them the same
housifrg opporfunit es as a perso n withou t a disabi I its - (emp hasis m ire)
The key to my request is that I am asking that the County grant an exception that would
allow me to have the SAME hatising opportunities as a per n without a disability. As
you will sea in the facts -o# my case below, mfr need to have a carport installed has a
di r ect impact on my a bi14 to have the SAME housing opportun tios as a person without
a diaebil ity—that is, the a bi lity to co me and go a nd to access my veh idle safely a nd
expediently in all types of weather.
M y ii-iiderstand ii -19, based on the above, is khat in order to q ual ifs+ for a reasonable
m od ii kation of the zoning va ria nca under the ADA, I must meet the standards sot out by
the ADA:
{, I have a disability
o The requested modification is reasonably nacessa ry to acrornmodate the
dWabiIity
The requested rnod if cation wi II not fu ndame ntall y n r unreasonably alter
the n ature a rid purposes of the zoni ng ordi n a nco. ( I bel iflve the bu rde n I ies
with the ZoniW Board to prove -01herwise)
Application fi)r .7crni Ing V J iAn (Or spLh ial mcmpliorE himfur ADA and FFA pTvvisions)
S+i bni 10 epi by Mary CockV llk Garniszs on behalf of
Dorotky acid David Hessellon,
] 13 Deemwd Road.
Ch;orlo vsv it k, VA
Jan K 21017
I m aet the rvq u ire ments, and I'd I i ke th a zon i ng boa rid to consrd er granti ng an exemption
based on the facts of my case. Here is my story_
The primary reason for aid d i ng the never carport (along with a new d ri veway and
i mproved access to the fro nt door) is th at I a m d isa bled. Fly mobil its+ is severely 11 mited
d ue to sure re rheumatoid arthritis, I no I eager drive, a nd I a m b!i nd i n one eye.
Our exi sti ng carport is j ust u nder 12 feet wide. We cu rrently have a ra mp on the carport,
bort using the ra mp in the cramped space has become in creasi ng ly di fficu It a nd
dangerotis f r me. I require asci stance getting in and out of the car, and there is barely
room for m y husband to help me and maneuver the wheelchair safely.
Eve n though I can so mf -times u se a wal ker i nside the housB. I ca n no longer wa Ik
outs ide because of th a dangers of th a ca rport and driveway and the I im ited access to
the front door. i have bei❑ ma increasingly hDU se bound due to the -se limitations, In fact,
I worry that if there were a fi re. I vwou Id be trapped inside the hou se. Enclos ing the
existing carport to expa rid ou r Win g s pace, a n d then install i ng a now driveway and a
new carport will signifrcarrtly improve my living conditions and a IJow me to enjoy my
home to the same degree as someone withaut a disability. It will also be safer for me
and far my hu:�Wnd.
Bei n ire a wheelcha it makes the new ca rport a necessity rather than a I u xury. A non-
disa Wed person ca n get i n and out of a ca r quickly under rrrosl con -d itfon s; having a
ca rport suited to my d isa bility wi Il 9 ive me the type of access a person without
disabilities would hove. For my safety and ease of use, we need dry, she Itered access
to the car in al I weather conditions.
Additionall y, havi rkg severe arthritis makes me much more au sceptible to a ny fluctuation
in weather. Heat, cold, rain, hum idity—all these things are magnified for me due to my
uond ition_ A Person with -out a d isabil ity can g et i nto a hot oa r, or a ca r that's covered i n
iGe or frost, wRhout arra Physical ramifications, AAS+ eon-dition does not allow rna that
luau ry_ Referring Back to the Land Use Htindbook, secbon 32-220, h avi ng a carport wi N
afford me the SAME housing o vport+. n f e s as a person without a d isa bility—that is, the
abi I its+ to come a nd go and to acoess my vehicle safely a nd exped iently in all types of
weathe r.
We have i ncl uded plans an d renderings of the proposed carport, a long witfi rencieri ngs
of the ci rive way and a ncicsure of the existi ng carport_ In addition, wu have provid ed
App! i ca! ion ti3r Lun ML2 Varianvu (or spccial mmpRian wider A.D. and FFA provi s4ons)
Submitted by Mary Coc:kcrille Garriss on behalf of
L)oro fby and 1)avid I leS-5011 1!3,
1 L 3 J l4rrwow Road,
Charlottcsv i Ili. VA
Jan a, 2017
photos of the current carport, front door and driveway, as well as photos documenting
ath ar aim ilar properties i n our neighborhood. For your convenience. we have numbered
the atto chments a nd pr ov ided a nnotation be low for referen ce.
I. phot py of survey plat showing boundary lines_ The measurements areas
follows;
a. Distance from house to property line; 32,9' (1-rs actually 34,9' kcm the NW
wmer of the house due to the angle at which the house it built)
b. Proposed carport design distance From corner of house-- 21-22'
c. Setteck allowance for carport: ',I'
d_ Additional satbac * di Stance needed for varix noe; 10'
e, Actual distance from house to edge of street; 48'
f. Note a Iso th at our narrow lot d cies not a I low u s to ex pand out W the sid es
of the pvope rty. The proposed ca rport wil I exten d off the front of the hou se
and vwiI] not go into the side yard at all.
g. Even allowi ng for publ is access, should the cat, my put in sidewal ks or
widen the road, the proposed carport would ba H be 11' back, The road
as it currently exists w uld be a full 2 ' #Torn the edge of the carport. There
is a bsol utel y no i nterfere nce with utlliUes, traffic, vi si b ility or other pu bl is
use (eq uire ments.
2. Sea le d cawing of ca rport a nd foote rs
3. Sca.led rend tiring of ca rpork with la ndsoapi ng, rfew driveway an -d enclosi ng the
existing carport
4. Additional rendering, aeriali view
5. Additional rendering with cars parked in now carport, showing driveway level with
front door and existing carport enclosed
6. Photo of current carport, front door and driveway.
7. Additional photo of current carport. Note how tight the space is_ The ramp has
black marks from where the tires have scraped it. We hove to back in so I can
gel Out on t1lat one square c f concrete at the bottom of the ramp.
8. Photo of another house in our neighborhood -108 Deerwood [)rive, The house
sits 35 feet from the edge of the road. J bel ie ve it does not eve n meet the setback
req u irement of 3' for an enclosed dwelling. There are a num ber of oddities li ke
this in Our neighborhood_ Wa are not a "Forest Lakes- perfect neighborhood with
matching shutters an6 m a iJboxes.
9, Phuto of d riveway a nd carports belonging to hoose at the corner of DeurwoiDd
Drive and L u pine La ne (100 Lupi n e Lane?). Th i s fence a nd carport a ppear to be
right on the property I i ne. Th is photo a nd th a one prig r give you a n idea of the
character and cuJtu re Of Our neighborhood _ The renderings of out proceed
10 carport show th at ou r proposed ch a nges will riot be i n opposition with th a Ic�ok
and feel of the neight�orhood.
A pp] 4mllun for ZoTi ing Variaawu (ur spccial cum-ption under ADA and FFA provisions)
Submitted by Mai) Cockcriilc Garriss cprn behalf of
DOrotlhy aEld IbVid ] ]eS'Sit�IIorI,
1 ] 3 O rWOOd Rtd,
Charlottesville, SFA
Jan 3, 2011
I n closi ng, I would like to the n k the board fior consideri ng my oat_ I would I ik,e to get
thi-s matter re&lved as quickly as possible. It is not m} desire to engage in a protracted
legal prooeed ing, but si mply to get my house modified to su it fny d isa bilities. I t has been
some ti me since I h eve beQn a ale to enjoy my home ful ly and to feel safe there. I anti 74
}ears old. Arth riti s has take n so much from me_ f have trope that this project Vvi I I restore
some of what has been lost to tris disability.
Moving forward, I would I iko to ma ke it known that mfr da ug hter. Ma rg Ja ne Cockeri0e
ar d4w will be submitti ng our appl ication fir a va ria noe, and that she is our designated
agent in alf matters pertaining to this case. Her oontaet detalls are on the application.
S inoerely,
���
Dorothy F. Hesselton
I
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