Loading...
HomeMy WebLinkAboutVA197600041 Application 1976-11-24 $20.00 Permit Fee he Application Nc, 'V 4 Staff: Qis�`°5 APPEAL FROM DECISION OF ZONING ``ADMINISTRATOR Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albanarle 296-5832 Date of Application: 2-1- -e,�f 19 7( . OWNER OF PROPERTY OCCUPANT (if other than owner) Name: a 1n 1 r Name: So-14 c-2 Address: ,R,',e_4 1e-+ e4dress: e&c.1/. s Telephone: 7`1 - �` Telephone: Location of Property: 044-_.olz•7m4)-1q Al, /57) y-c 3, 08cUI4cue_ICS Tax Map 6' C) Parcel 2-6 /1- Acreage /. ExistingZoning: `—` -� , / District: j © ��T} Existing Use: Ut! teas P,-4-0. , Substance of decision complained of (describe briefly, including citations to any sections of the Zoning Ordinance complained of) : Chi ct,,,1 c—fy.t)viN 3 O I Sep loot c 4 // __r c C1 c`r 2 c_A-t c>'l c�t t L �I�R e — S c.v c e�t G s C}.` r rt 0 rcl•e - (2.-e_ „sax? r v^p CA,a gLiA.C.S2- 1;4_---16,0 &!--F IteA-FpC cLA,L its -Z Go c�s..'t �- U��-r�, c /jam._ ' Get tip'C E''.�c�' sJ c f-, ceAA4.1 v-cv�; (. ce / 6-R - 5 _ / I hereby certify that the foregoing information is true and corre t to best of my knowledge and belief and that I am the owner named bove.` / ate I USELY Date of Hearing: /4 , ,-e,:,,_61( l / ?10 Final Decision Made: The decision of the Zoning Administrator is hereby sustained/overruled for the following reasons: BOARD OF ZONING APPEALS By: Title Date L 1 i . qA Ici /„.. ,,,/6/1/7* Ill ) )54- mot' 44 !-1 ,_3,►_!6►►. 4►-3►" 41, C9 >,�� uJ O co I I (D I I ' I CO I I I I James Root I I Landscape Architect I I STAFF REPORT VA-76-41 Dr. Daniel Flynn Tax Map: 60-20A Zoning: R-3 Acreage: 1.56 Existing Activity The property in question is located on the west side of Georgetown Road, 100 yards north of Barracks Road. The existing use is a veterinary hospital open from 8 a.m. to 6 p.m. Monday through Friday and from 8 a.m. to 11 a.m. (for appointments) on Saturday. To the south and east of this site are multi-family dwelling complexes and to the north there is a single-family dwelling. This veterinary hospital is a nonconforming use in an R-3 zone. There is a 40 foot right-of-way on Georgetown Road (20 feet from centerline) . There is an existing freestanding sign located on site (approximately 11' x 2' ) . Proposed Variance The applicant is requesting a variance of 25 feet from the required 30 foot setback in an R-3 zone, to allow the sign to be 5 feet from the right-of-way of Georgetown Road and a variance from Section 15A-5-1 of the Zoning Ordinance to allow for a freestanding sign instead of a wall sign. Hardship In order to be seen from the road and to assist in flow of traffic. Zoning Ordinance Requirements Section 6-3 of the Zoning Ordinance requires that "all structues, except signs advertising sale or rent of the property, shall be located thirty (30) feet or more from an street right-of-way". Section 15A-5-1 of the Zoning Ordinance reads as follows "limited to wall signs with an aggregate area not to exceed twenty (20) square feet. If illuminated, no flashing, blinking or color-changing or exposed, bare, or uncovered neon illumination or lighting". Staff Recommendations The staff feels that since there is an existing freestanding sign on the site which is setback only 5 feet from the right-of-way of Georgetown Road there should be no problem with allowing this variance. If the variance is not grant- ed the staff would suggest the applicant consider the possibility of a wall sign because any freestanding sign located the required 30 feet from the right-of- way would be located in the parking area. If the variance is approved the staff would recommend the following conditions be required: 1) Sign permit be obtained, 2) If illuminated, electrical permit be obtained. 1 ' • • N`.► APPLICANT'S LIST. OF �r ADJACENT OR ABUTTING PROPERTY OWNERS • • The Planning Department will list all flap 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 ands addresses of all Map and Parcel Numbers given below. • Real Estate Office is to return blue copy to Planning Department. Map Parcel Name Address 60A-09-17 Flynn, Daniel V. & Va. E. c/o Mrs. Louis Sadler 60A-09-18 Wri ht Geor 294 Georgetown Road g gianna, Heirs of Charlottesville, Va. 22901 60A-09-18A Flynn, Daniel V. & Va. E. 213 Surrey Road 60A-09-15 . Lewis Frimel Co. , Inc. Charlottesville, Va. 22901 c/o Gladine Burkett 105 Georgetown Road 60A-09-20 Burkett, Lewis J. & Gladine Charlottesville, Va. 22901 • • * Note - This form is for REZONING, SPECIAL PERMITS, VARIANCES, CONDITIONAL USE PERMITS Application Number Dr. Daniel V. Flynn VA-76-41 ZONING DEPARTMENT 414 EAST t,p,RKET STREET CHARLOTTESVILLE, VIRGINIA 22901 J. Benjamin Dick ZONING ADMINISTRATOR January 25, 1977 Mr. Edward H. Bain, Jr. Attorney at Law 400 Park Street Charlottesville, Virginia Re: eorgetown Veterinary Hospital Variance '-`VA-76-41 Dear Mr. Bain: Enclosed you will find my letter of request to the County Attorney's Office and Mr. Fred Payne 's opinion to the salt I have reservations about Fred's point that the Zoning Administrator does not have the power to question the propriety of a condition -i,Ipc,�c.ri '- ,' a county authority as it relates to the Zoning Ordinance. Reasonable an will differ seems to be the appropriate cliche. In my opinion, the Zoning Administrator has a duty, tantamount to his explicit ordinance duties, to serve the best interest of the County and its citizens by seeking enforcement of zoning regL,:i:rements or conditions accord- ingly. I have some reservations about the enforceability of the condition in question. It would be Fred's duty, in any event, to argue for the Board of Zoning Appeals that the condition was in the public interest. Nevertheless, Fred and I do agree that the law as he stated it pertain- ing to the presumption of validity of the condition must stand until voided by a Court of competent juridisdiction. The appeal period has run. However, you can always seek to be reheard on this matter by simply requesting it. A rehearing will be at the discretion of the Board of Zoning Appeals and if heard I will again express my feeling on the matter. If you have any further questions, please contact the Zoning Administrator. Respectfully, J. Benjamin Dick Zoning Administrator JBD/plf Enclosures ooNKY OF .t_��""A ��pF A4 Office of County Attorney FREDERICK W. PAYNE 416 PARK.STREET GEORGE R, ST.JOHN JAMES M. BOWLING, IV CHARLOTTESVILLE, VIRGINIA 22901 COUNTY ATTORNEY DEPUTY COUNTY ATTORNEYS TELEPHONE 296-7136 January 20, 1977 Mr. J. Benjamin Dick Zoning Administrator 414 East Market Street Charlottesville, Virginia 22901 Re: Georgetown Veterinary Hospital. Variance (VA-76-41) (ACPZ#77-66) Dear Ben: You have asked my opinion as to whether a particular condition of the variance in question is sustainable. Since it is my under- standing that the appeal period has run on this variance, I believe the case is moot and I would prefer not to render any opinion on the substantive viability of the variance condition. Regarding your duty of enforcement, I believe that this variance, together with its conditions appurtenant, is clothed with a presumption of validity such ' that it stands until it is voided by a Court of competent jurisdiction. Therefore, I believe you have no choice but to enforce the variance according to its terms and have neither the power nor the obligation to inquire as to its propriety. I will , of course, be happy to advise the Board of Zoning Appeals on this or any other matter at their convenience as I will be attending their meetings henceforth. Sincerely yours, Frederick W. Payne Deputy County Attorney FWP/tlh P. r7-1\1ED JA 2 ri 1927