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HomeMy WebLinkAbout04-16 CommentsMerits of Variance Application for 150 Chardonnay Drive Sunroom The following evidence is provided in a format to clearly show that this application meets all the criteria for approval of a variance per the Code of Virginia and the Frederick County Virginia Zoning Ordinance. 1) The property was acquired in good faith, and the hardship was not created by the applicants. The property was purchased on Nov 2, 2015. Our purpose was to relocate from Roanoke, VA, into a downsized lot and retirement home. a) At the time of purchase, our desire to enclose the existing deck was discussed with the real estate agent and builder/seller, neither of whom spoke of any potential restrictions. b) The plat map for Albin Estates shows a 25' rear setback requirement, but in the HOA packet required by the Code of Virigina for property buyers, the HOA stated there were "No violations. All plans submitted have been approved." We interpreted this to mean the existing deck met the 25' setback. C1 When the sunroom contractor provided the quote for the sunroom, he indicated based on extensive experience in various Virginia localities that no code issues were foreseen. d) At closing, it was certified by the builder/seller that no survey was available, and that there were no known encroachments. In fact a survey does exist and was provided to us by the builder on April 29, 2016. This survey is included in this application and shows the deck encroaching on the 25' setback line, but well within the allowed 15' setback for uncovered decks on a 12,000 square foot lot. This survey led to the first indication to us that an approximately 6' wide, 2' deep triangle in a corner of the proposed sunroom would encroach into the required 25' setback for a covered deck. 2) Strict application of the setback regulations unreasonably restricts the utilization of the property a) In comparison to similar properties, the proposed sunroom would be allowed on a lot just one square foot smaller than ours (or just 1/8" shallower), as its rear setback requirement would be 20' (for lots not meeting the minimum 12,000 square feet of the 25' regulation). b) The proposed sunroom would also be allowed on a lot just two feet deeper at the shallowest end, or just a few square feet larger. The regulation unreasonably restricts the use of our property because its size and shape fall into a crack that does not exist for slightly smaller or slightly larger lots. 3) Granting the variance would alleviate a hardship relating to the improvement. a) The sunroom is to be constructed using glass roof and wall panels from Four Seasons Sunrooms, a premier manufacturer of quality sunrooms. It is not feasible to modify these panels to fit within the angle of the setback restriction that cuts across the deck. (See drawing included with application). b) Moving the entire sunroom back enough to clear the 6' by 2' triangular encroachment would reduce the depth of the sunroom enough to unreasonably restrict utilization of the sunroom. c) Alternately, removing just the encroaching section of the sunroom also restricts utilization due to reduced depth and loss of an operable window on the side of the sunroom. The approach would also require special customization and would reduce the natural appearance of the improvement. d) As retiring baby boomers, we were attracted to the house for its ADA compliant construction. The sunroom will provide medical and enjoyment benefits in a safe, conditioned, easily accessible environment. To meet this future need, the sunroom needs sufficient depth to facilitate handicapped maneuverability. 4) Granting the variance will not be detrimental to adjacent properties. a) Of the 7 adjacent homes listed in this application, only 3 have any view of the existing deck or its proposed sunroom. .,ar anceAppMerits.docx P1 of 2 May 11, 2016 Merits of Variance Application for 150 Chardonnay Drive Sunroom b) The sunroom will provide a degree of privacy mutually beneficial to the owners and the adjacent properties on the rear and side. c) For the side neighbor, who has a corner lot with a 2 story deck overlooking our rear yard, our proposed rear setback variance will have no effect on the distance from the sunroom to the mutual property side boundary. d) For the nearest rear neighbor, the perpendicular distance from the rear of the proposed sunroom to the rear mutual property line is 25' at the shortest point. Their house and our house including the sunroom are at least 50' apart at all points. It is only due to the oblique angle of the property line that there would be a small encroachment into the rear setback. There is no detriment to the view. e) The remaining adjacent property meets ours only at a rear corner that is more than 50' from the location of the sunroom encroachment, and the houses are at least 50' apart, so there is no detriment to their view that would be created by the variance. f) On behalf of the entire Albin Estates subdivision, the HOA has approved the proposed sunroom. 5) Situation of the property is not so general as to dictate a zoning ordinance change. a? At 12,000 square feet, the lot is the smallest size allowed in the Albin Estates subdivision, and the smallest size for which the ordinance requires a 25' rear setback. The rear property line is oblique ;20.9° with respect to the street, rear wall of the house, and proposed sunroom). These two factors result in a shallow depth for the lot of only 96.5' at one end. A rear setback ordinance based on a percentage of the depth of the lot instead of on fixed lot area increments might more fairly accommodate shallow lots, but should not be considered instead of granting a variance for a small number of cases. 5) Granting the variance is not detrimental to the use of the lot, nor changes its zoning. a) The requested variance is for a 26" by 68" right triangle (72.8" hypotenuse, 24.3" height, 6.14 square foot area) to encroach the 25' setback for a covered deck. The length of the rear lot line is 99.33'. Hence the encroachment area is less than 0.3% of the approximate 2400 square foot rear setback area. This has negligible impact on lot coverage, drainage, or any other usage and does not affect its zoning. o) The use of the lot would be unchanged from the use available to other properties in the subdivision that have slightly deeper or larger lots. c) The sunroom contractor has encountered similar projects having minor rear setback encroachments in Roanoke City, Roanoke County, and other localities governed under the Code of Virginia, and variances have been granted in these projects having similar negligible detrimental impact. 7) A Conditional Use Permit is not appropriate. a) The sunroom is a permanent improvement which should not be subject to conditional use restrictions such as a limited duration or periodically renewed permit. b) A variance, per the Code of Virginia section 15.2-2201 is appropriate for a reasonable deviation from regulations of a structure to permit reasonable utilization of the property in a manner already allowed on other properties, not contrary to the purpose of the regulation, and not including a change in primary use of the property. We have shown a preponderance of evidence in this application, that meets each and every criterion for a variance as set out in the Code of Virginia §15.2-2309 and the Frederick County Virginia Zoning Regulation §165- 0G1.C2. We hereby request the Board of Zoning Appeals to grant this variance. VarianceAppN/lerits.docx P2 of 2 May 11, 2016 �%' �` ►" �J,Z, /4,`� �r-� `�. S –15,1321 SF _1 pfL / /G�• f gR /Sg fay F3�- V` O .s' , ���`` ,� LOT 19 `' <`.� `- ` �_ ' T3 Fa AIN c� �� �o * a 12.012 SF ESMT. A / ��`a�ySao- ��©• Fi�. - �Sf�CIO fir, �e\pip` 99 33 res 4' LOT 194<� o �-- of Sunroom to fit h 13.195 SF ,,� :� S� a within footprint of \4? �v �� `ter " LOT I existing deck on 2,000 SF back of house, but slightly encroaching rear pNA'fEFt ESM T. setback. ... _ C57� 67.47" C� 55(7'. —18`E 307_i 1. (TOTAL) CHAROONNAY DRIVE S60'20'1 WE Plat map for Lot 193, 105 Chardonnay Dr., showing neighboring setbacks. Photo of existing deck to be enclosed into a Four Seasons sunroom DeckPhotos.docx P1 of 2 5/11/2016 6:01:00 PM Green string shows 25' setback line. Tape shows outline of encroaching triangle. Rulers show triangle length height gri CAD Drawing of Four Seasons components of our sunroom DeckPhotos.docx P2 of 2 5/11/2016 6:01:00 PM