COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:  ZTA 2009-006 Accessory Structures in required yards

 

SUBJECT/PROPOSAL/REQUEST: 

Public hearing to consider proposed amendments to restore front setback for accessory structures and to establish minimum separation between accessory structures and primary structures

 

STAFF CONTACT(S):  Messrs. Kamptner, Higgins and Wright

 

 

 

LEGAL REVIEW:   No

 

AGENDA DATE:  July 1, 2009

 

 

ACTION:  X             INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

  

REVIEWED BY:

 

 

BACKGROUND:  These amendments were recommended by staff to: restore an old requirement that prohibited accessory structures from being located in required front yard setbacks, and; to provide for a minimum distance between accessory structures and primary structures when establishing side setbacks.  The Planning Commission recommended approval of these amendments on May 19, 2009 with some clarification on the location of accessory structures in easements.

 

STRATEGIC PLAN:

Goal 1:  Enhance the Quality of Life for all Albemarle County Residents

 

DISCUSSION:

The proposed ordinance would amend Zoning Ordinance by reorganizing sections 4.11.2, 4.11.2.1, 4.11.2.2 and 4.11.2.3 into two sections to be numbered 4.11.2 & 4.11.4.  Since the Planning Commission public hearing the text has been further revised to refer to “zoning administrator” instead of the “director of zoning and current development” to be more current with official titles.

 

In their consideration of these amendments the Planning Commission increased the distance between structures from the 1’ recommended by staff to 6’ due their concerns about potential fire protection and maintenance issues.  The Commission discussed this at length, considering distances of 1’, 3’ and 6’.  They asked that staff consult with fire officials and the building official to see if this would be an issue.  We have done this and confirmed that there is no fire or building code that establishes a minimum distance between buildings.  The ordinance is presented with the 6’ separation.   

 

BUDGET IMPACT:

None

 

RECOMMENDATIONS:

After conducting a public hearing, staff recommends that the Board adopt the attached ordinance.

 

ATTACHMENTS:

A:  Accessory Structures Exec. Sum. for May 19, 2009 Planning Commission hearing (w/out attachments)

B:  Draft Ordinance

View PC minutes of April 21 and May 19, 2009

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