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Home My WebLink AboutVA197400018 Application 1974-04-25 Applicatn for Vari ar,, : e or Special Exception TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA \RIANCE NO.} - 7 -/8The undersigned applicant is(a:w) the owner of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A PART OF THIS APPLICATION. GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION. DIMENSIONS OF SITE MUST BE GIVEN. /We N-aL respectfully request the Zoning Administrator o Al emarle County, Virginia to gran the Variance or Special Exception stated below in the Magisterial District and described as County Tax Map Parcel containing acres and zoned /3_/ Applicant Signature Date J7� The petitioner request that the Zoning Admi trator grant: The applicant_make.5this request because: If the sign were placed at the 30 Foot setback, as prescribed, it would be located on a downward slope of the steep embankment Jehind the Thu _ This would result in only the extreme top portion of the sign being seen from the Interstate. We feel this would cause undue hardship because it would severely limit the identification of the Inn. Action Taken by the Zoning Administrator: Approved Denied � Signed - ------- - TO: THE ALBEMARLE COUNTY BOARD OF ZONING APPEALS-- - - - - - --— —- �If0 Date I/i�e hereby appeal the ruling of the Zoning Administrator Al emarle County on the foregoing application, and respectful y request a reversal of his decision by granting the request for a variance or special exception as stated above. Applicant Signature Corporate Identity Department Address T.-M TT-AV INNS, INC- , P. O. -Box 18127, Memphis, Tenn. 38118 Phone Number 901-363-4484 ACTION BY THE BOARD OF ZONING APPEALS DATE APPROVED DENIED 'fir✓ ..✓ APPLICANT'S LIST OF ADJACENT OR ABUTTING PROPERTY OWNERS The Planning Department will list all Map and Parcel Numbers of Adjacent or Abutting Property Owners. Applicant is to then take this form to the Real Estate Office • where personnel in that office will aid applicant in listing property owners and addresses of all Map and Parcel Numbers given below. Real Estate Office is to return blue copy to Planning Department. Map Parcel Name Address Gray Williams, Trustee 76 57A O'neill Enterprise 2151 Barracks Road, City 22901 HappyValley Farm 76 55 Stephen A. McClellan Earlysville, Virginia 22936 Oak Hill Subdivision 90A A3 Browning, Wilmer E. City 22901 Route 1, Lot 4A Oak Hill 90A A4 Suer, Bobby Lee City 22901 • * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number VA774-18 Holiday Inn, Inc. AGENDA ALBEMARLE COUNTY BOARD OF ZONING APPEALS June 18, 1974 1. Call to order. 2. Establishment of a quorum. 3. Approval of Minutes. 4. Public Hearings: a) VA-74-20. Charlottesville Savings & Loan Association. Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance from the required one (1) parking space per one hundred (100) square feet of_ business floor space to allow one (1) parking space per one hundred fifty (150) square feet of bank • - ing space and one (1) parking space per two hundred (200) square feet of net office area. Property is located in the northeast quadrant of the intersedtion of Route 29 North and Route 631 (Rio Road) . Property is further described as County Tax Map 61, Parcel 123A, Charlottesville Magisterial District and contains 1. 186 acres. b) VA-74-21. Seal' s BP Service. Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance of fifteen (15) feet from the required thirty (30) foot setback in a B-1 Business Zone for the .purpose of adding one (1) gas pump island. Property is located in the northwest quadrant of the intersection of Route 240 and Route 810 in Crozet. Property contains . 32 acre and is further described as County Tax Map 56A1, Parcel 126, White Hall Magisterial District. c) VA-74-22. Mr. Richard L. Nunley. Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance to allow eleven (11) parking spaces for the new addition as required by the proposed new ordinance instead of the required forty-six (46) park- ing spaces for 4 , 573 square feet of sales area. Property is on the west side of Route 29 North approximately . 6 mile from the Rivanna River, directly across from the entrance to Carrsbrook Subdivision. Property is further described as County Tax Map 45, Parcel 68A, Charlottes- ville Magisterial District and contains 2. 245 acres. 5. Deferred Item: a) VA-74-18. Holiday Inn, Inc. Applicant requests the Board of Zoning Appeals of Albemarle County to grant a variance of thirty (30) feet from the setback re- quirements for a business sign in a B-1 Business Zone. Property is located on the northeast quadrant of Route 631 and Interstate 64; bordering Charlottesville City Limits. Property is further described as County Tax Map 76 , Parcel 55C, Scottsville Magisterial District. 6. Old Business. 7. New Business. 8. Adjournment. • 33.1-369 . § 33.1-370 HIGHWAYS, BRIDGES AND FERRIES § 33.1-370 seems. a point on the railroad five hundred feet from the center of the railroad-public erred to road intersection as measured along the center of the railroad;or om such (11) At or near any curve in a road in such a manner as to obstruct the clear 1954, vision of traffic from any one point on such curve to any other point not more than four hundred feet apart, as measured between each point from the nearest edge of the pavement;or cement. (12) Which advertises activities which are illegal under State or federal laws each ad- • or regulations in effect at the location of such sign or advertisement or at the an iden- location of such activities;or :tined or (13) Which is obsolete or inconsistent with this article or regulations adopted -.e Corn- by the State Highway Commission pursuant to this article. (Code 1950 (Repl. (Repl. Vol. 1953), § 33-317; 1954, c. 588; 1956, c. 676; 1958, c. 369; 1960, c. 406; 1966,c.663; 1968, c.230; 1970,c. 322.) ed.—No § 33.1-37-0. Special provisions pertaining to interstate and federal- Derated: aid. primary highways.—(a) Notwithstanding the territorial limitation set out -way of in § 33.1-353, no sign or advertisement which is visible from the main-traveled Vernon way of any interstate or federal-aid primary highway shall be erected, maintained, or •ed sixty displayed within six hundred sixty feet of the nearest edge of the right-of-way national of any highway within either system, except as provided in subsections (b) and Dowever, - (c). -.place on - (b) The following signs may be erected. maintained and displayed within six the six hundred sixty feet of any interstate or federal-aid primary highway: • of such Class I--O fJ'icnil signs.—Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertain- ore- ing to the availability of food, lodging, vehicle service and tourist information, �e Pave natural wonders, scenic areas, museums and historic attractions, as authorized or required by law. The State Highway Commission shall determine the type, light- - or pre- ing, size,location, number and other requirements of signs of this class. danger Class 2—On premise signs.—Signs not prohibited by other parts of this article which are consistent with the applicable provisions of this section and which ad- vertise the sale or lease of, or activities being conducted upon, the real property -:ty, city, where the signs are located; provided, that any such signs, which are located ad- of such jacent to and within six hundred sixty feet of any interstate highway and do not Trine; or lie in commercial or industrial zones within the boundaries of incorporated mu- -ie atten- nicipalities, as such boundaries existed on September twenty-one, nineteen hull- :. blatant dred fifty-nine, wherein the use of real property adjacent to the Interstate Sys- tem is subject to municipal regulation or control, or in areas where land use as Trial and of September twenty-one, nineteen hundred fifty-nine was clearly established by :-1 visible State law as industrial or commercial, shall comply with the following require- ments: __ighway; (1) Not more than one sign advertising the sale or lease of the same prop- -:henever erty may be erected or maintained in such manner as to be visible to traffic pro- 7-2 of the ceeding in any one direction on any one interstate highway; .azard or (2) Not more than one sign, visible to traffic proceeding in any one direction on any one interstate highway and advertising activities being conducted upon the -ruct the real property where the sign is located, may be erected or maintained more than the side fifty feet from the advertised activity, and no such sign may be located more than _Toad and two hundred fifty feet from the center of the advertised activity; and • nearest (3) No sign, except one which is not more than fifty feet from the advertised activity, that displays any trade name which refers to or identifies any service rendered or product sold, shall be erected or maintained unless the name of the manner _�r areas advertised activity is displayed as conspicuously as such trade name. ons, (b) Class 3—Other signs.—Any signs or advertisements which are located within Dad-pub- areas adjacent to any interstate or federal-aid primary highway which are zoned and (c) industrial or commercial under authority of State law, or in unzoned commercial [ 137J '.*Eire Iwo' § 33.1-371 Cori: or VIRcI\IA § 33.1-373 r 3." or industrial areas as determined by the State Highway coniniission from actual built: land uses. The State Highway Commission shall deternlinc the size, lighting and of a spacing of signs of this class, provided that such determination shall he no more 1953 restrictive than valid federal requirements on the same subject. (c) In order to provide information in the specific interest of the traveling • public, the State highway Commission is hereby authorized to maintain maps I or a: and to permit informational directories and advertising pamphlets to be made ing available at rest areas, and to establish information centers at rest areas for the the purpose of informing the public of places of interest within the State and provid- pros: 1 ing such other information as may be considered desirable. its C (d) Any signs or advertisements lawfully in existence along any interstate or i - c t federal-aid primary highway on April six, nineteen hundred sixty-six, and which adt- are not in conformity with the provisions contained herein, shall not be required play to be removed until July one, nineteen hundred seventy. Any other signs or ad- mit vertisements lawfully erected which do not conform to this article shall not be thir- required to be removed until the end of the fourth year after they become non- the conforming. son-- (e) The State Highway Commissioner is authorized to acquire by purchase. per gift or the power of eminent domain and to pay just compensation upon the re- ger.= moval of the following signs or advertisements: be - (1) Those lawfully in existence on October twenty-two, nineteen hundred aba. sixty-five. lest (2) Those lawfully on any highway made a part of the Interstate System or usi: approved by the Secretary of Commerce pursuant to subsection (b) of § 103 ver of Title 23, United States Code, on or after October twenty-two, nineteen hun- C. dred sixty-five, and before January one, nineteen hundred sixty-eight;and • (3) Those lawfully erected on or after January one, nineteen hundred sixty- sio:- eight. tre- Such compensation is authorized to be paid only for the taking from the owner tior of such sign or advertisement of all right. title. lca:ehold and interest in such (R sign or advertisement, and the taking from the owner of the real property on which the sign or advertisement is located, of the right to erect and maintain such sign or advertisement thereon. sat:: The Commissioner shall not he required to expend any funds under this sec- sc- tion unless and until federal-aid matching funds are made available for this pur- the: pose. (Code 1950 (Suppl.), § 33-317.1; 1960, c. 106; 1962, c. 176; 1966, c. da 663; 1970,c.322.) all § 33.1-371. Regulations and agreements with United States imple- menting § 33.1-370. — The State I lighwav Commission may issue regulations, and is authorized to enter into agreements with the United States as provided sty in 23 U.S.C. § 131, with respect to the regulation and control of signs, advertise- (E.ments and advertising structures in conformity with § 33.1-370; provided that such agreements shall not prevent the General .-Assembly of Virginia from amend- ing or repeating 33.1-370 at am' time. (Code 19.0 (.t__,r l.), § 33-317 2; 1960, c.406: 1970, c. 322.) § 33.1-372. Pasting a ertis:mei:ts 'rohihited n ` rt ' 1- i c•:,...s..n instances. —No advertisement shall bepasted or glued on any building, fence, wall, tree, scl rock or other similar structure or object. unless the same be an ,:C1,'ertjsinc strutfal - i ture for which a permit has been issued and is in effect. (Code 1950 (Reps. Vol. n- 1953), §33-318; 1970,c. 322.) er' an § 33.1-373. Advertising on rocks, poles, etc., within limits of high- eh way.—Any person who in any manner paints, prints, places, puts or affixes any th ladvertisement upon or to any rock,'stone, tree, fence, stump, prole, mile-board, p_' milestone, danger-sign, guide-sign, guidepost, highway sign, historical marker, viz, [ 138J �.. E.CO,,t�( OF ALBEM igks, 141v11,;'461pTiltiN Office of County Attorney GEORGE R. ST.JOHN 416 PARK STREET ROO CHARLOTTESVILLE, VIRGINIA 22901 296-7138 June 14, 1974 • Mrs. Ruth Miller Zoning Administrator Albemarle County Planning Dept. 411 East High Street Charlottesville, Virginia 22901 RE: Section 15A-9-5 of the Zoning Ordinance Dear Ruth: I concur in your opinion as stated in your letter to me of June, 14 1974, on the captioned subject, except insofar as you say "it was my opinion that the Board of Zoning Appeals can grant a variance to any section of the Zoning Ordinance provided they find a hardship" . Please emphasize to the Board that the mere existence of a hardship does not afford a basis for a variance; the hardship must be of the nature described in the State Code and the Zoning Ordinance, that is, one that is not shared by other uses within the district, etc. The Board should have before them the sections of the Zoning Ordinance and of the Code, on the requirements for a hardship variance, whenever they consider an application for such. Please furnish the Board this letter, as my opinion on the subject, and inform me if either you or they have any further questions. Sincerely yours ` G- rVO' R. St. John County Attorney„, GRSt.J:klc RECEIVED MAY 1 7 1974 • 14IN( OFALBE-4,7 • G�� p �(F �wj}S j("'�� • Planning Department 411 EAST HIGH STREET • CHARLOTTESVILLE, VIRGINIA 22901 • A. RUTH MILLER JOHN L. HUMPHREY ZONING ADMINISTRATOR ' COUNTY PLANNER June 14, 1974 MARY JOY WHITE ROBERT W.TUCKER. JR. SENIOR PLANNER ASSISTANT COUNTY PLANNER Mr. George St. John 416 Park Street Charlottes"vil.le, Virginia Re: Section 15A-•9-5 of the Zoning Ordinance Dear George: The Board bf Zoning Appeals at its meeting of June 11, 1974 , considered an application for a variance for Holiday Inn, Inc. , to permit them to erect a business sign at the right-of-way line of Interstate 64 , instead of the thirty (30) foot setback. The Board continued its public hearing on this item after reviewing Section 15A-9-5 in order to obtain an opinion from you. Their question being, can the Board approve a variance that would be in conflict to this section? I in- formed the Board that it was my opinion that the Board of Zon- ing Appeals can grant a variance to any section of the Zoning Ordinance provided they find a hardship. The Board expressed further concern of possible conflict with Federal and State laws concerning signs along interstate and/or federally funded highways. Since Tuesday, I have been attempting to obtain the Federal regulations and have been un- able to do so to date. If you have any information, .concerning • their regulations the Board would appreciate having them. The Board will continue its hearing on this matter on June 18, 1974, at 5: 30 p.m. Therefore, it would be appreciated if I could have your reply. The Board asked that I request • • your presents at that meeting but after I told them how busy you are they felt a written opinion from you would be suffi- • • cient. • Sincerely yours, • • • (Mrs. ) Ruth Miller Zoning Administrator RM/plf NNW Nor' fit, fit.,\gay -t , *ZAMA INC 3742 LAMAR AVENUE MEMPHIS,TENNESSEE 38118 U.S.A. 901/362-4484 FOOD AND LODGING DIVISION CORPORATE IDENTITY DEPARTMENT May 7, 1974 Ms. Ruth Miller The Zoning Administrator, Albermarle County County Court House Charlottesville, Virginia Re: Holiday Inn of Charlottesville #2, Virginia Dear Ms. Miller: Enclosed please find additional photographs showing the site of the proposed Holiday Inn Great Sign at the above location. As you can see from these pictures, placing the sign in the middle of the embankment would result in the sign being barely visible from the Interstate. I sincerely hope these pictures will be of some help in showing how badly we need the 30' setback variance for proper identification of the Inn. If I can be of any further assistance, please do not hesitate to call. Sincerely, HOLIDAY INNS, INC. 9frw' LIC4544.) Jimmie D. Scott Project Coordinator On-Premise Sign Section JDS/rs Enclosures RECEIVED MAY 0 y 1974- Nor✓' $.1 No, �E i Qay a i ) i(VelACIAk ZWAA INC. 3742 LAMAR AVENUE MEMPHIS,TENNESSEE 38118 U.S.A. 901/362-4484 FOOD AND LODGING DIVISION CORPORATE IDENTITY DEPARTMENT April 30, 1974 Ms . Ruth Miller The Zoning Administrator, Albermarle County Court House Charlottesville, Virginia Re: Holiday Inn of Charlottesville #2, Virginia Dear Ms. Miller: Please find enclosed the application for a variance and a check for $20.00 for the variance fee. We are requesting a variance for the 30' setback restriction for the ground mounted Holiday Inn Great Sign. As stated in the application, we feel by placing the Great Sign at the 30' setback, undue hardship will be experienced by the Inn in that it would severely limit the identification of the Inn. Only the extreme top portion of the sign would be seen from the Interstate. The enclosed Polaroid snapshot shows approximately where the sign would have to be placed to be within the 30' setback. It is approximately 15' from the marker to the top edge of the downgrade. Extending out the complete 30' , the sign would be placed at a 7 ' to 10' lower elevation than it would be if it were placed on top of the hill. Also, enclosed is the requested plot plan for the above site. I have not been able to obtain a topographical map. However, I will still continue my efforts in obtaining one. As soon as I can obtain one, I will forward it to you immediately. Thank you for your help in our efforts to obtain a variance for the Holiday Inn Great Sign which will be of extreme importance both to Holiday Inns and the traveling public. Sincerely, HOLIDAY INNS, INC. le) jet:62Zr' Jimmie D. Scott Project Coordinator JDS/rs On-Premise Sign Section >,rr�