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Home My WebLink AboutVA197700067 Application 1977-05-27 $70. Permit Fee - — Application Nc Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application 27 May , 19 77 . OWNER OF PROPERTY OCCUPANT (If other than owner) Name: W. J. Kirtley, Jr. Name: Address: p_ 0_ BnY 7683 Address: Charlottesville, Va. 22906 . Telephone: 2 9 5-5 0 2 3 Telephone: Location of Property: Right-hand side of Route 250, West of Charlottesville, immediately East of the property occupied by Hillcrest Motors. Tax Map 59 Parcel , 23B-1 Acreage 3.5 Existing Zoning M-1 District Samuel Miller Existing Use: Warehouse Variance sought (describe briefly relief sought) : A variance of 120 feet fromthe set-back requirements of Article 18 (Scenic highway Designation) of the zoning ordinance as to location of buildings and parking lot. )e/;e4 q - 3-1 d /8 -3 - 7 C.0 D f A M IA wtQf lc_ 1.. d-k,,,,,... .7 _ &Lc-4,.._ t . Tr,5e^se I hereby certify that the foregoing information is true and correct to the best of my knowledge and belief and that I am the owner named above. 27 May 1977 App is t Date FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: Final Decision Made: The variance sought was denied/approved with the following conditions: Special Use Permit# BOARD OF ZONING APPEALS Sign Permit# BY: Date Building Permit# $20. Permit Fee 0 / 62 _3 Application No. _" Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application 024 4-r)kei' , 19 77 . OWNER OF PROPERTY OCCUPANT (If other than owner) Name: \ i, `) K e,-1- 2 . Name: Address: '�-; (2) '7 lc &3 Address: C_l,u► IL, 5 C fi I Le) VA zzioic. Telephone: , 45'-r, =T,.,3 Telephone: Location of Property: ',' f .5,' (./ L7. LL7 . .z sa 'Vest". -- LszSf L / "1l CSr. � /C4-2s . G Tax Map '59' Parcel 2,g()) Acreage ` 3•,$ Existing Zoning /lit — 1 District Existing Use: Vcicck. -F- (_ ere,(7 c OL ,IcIik a-.) Variance sought (describe briefly relief sought) : i'- r C L-c, - (..:> /41 ‘ i.Cci.o-1•‘- o .eitzc/ } c .. -1,.. ,, t/A..77-39 w1 ;ex Ct I t o;,.'s 4. ; (c%,,.:7 = 4<<.c, i'4. 7 — i 3 / .& c2,3 74 /tea k e 2 -0 %its d 5 it is hie 5 A to Gc I, A Ole 7C e �`r c-)v. -A 'c1 r_ C-,k7114- :S-(`� /ZtC: /, •41 r� 't c 1°c c tre 7�4irt.c L;9.crld ct,�.�a�..> I hereby certify that the foregoing information is true and correct to the best of my knowledge and belief and that I am the owner named above. App scan Date FOR OFFICE USE Y Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: Final Decision Made: The variance sought was denied/approved with the following conditions: Special Use Permit# BOARD OF ZONING APPEALS Sign Permit# BY: Date Building Permit# 'Now lwe STAFF REPORT VA-77-67 Mr. W. J. Kirtley, Jr. Tax Map: 59 Parcel 23 (B) (1) Zoning: M-1 Acreage: 3.5 EXISTING ACTIVITY Vacant land on the front portions of the parcel and to the east. A warehouse to the north. Hillcrest Motors to the west. VARIANCE REQUESTED The applicant states the variance (VA-77-39) remains somewhat disagreeable to him regarding his M-1 zoning and how the variance affects his land vested rights. He seeks at this time a clarification or modification of the variance to allow him a uniform building setback line. He had applied for this but in the heat of argument he feels he consented to something less than he requested. Mr. Kirtley's feeling is that VA-77-39 should have allowed a uniform building setback line for any M-1 building and not just for office buildings. A uniform line he feels is in keeping with the commercial area, its business character and his vested rights. The applicant argues that the apparent intent of the Board's approved motion was to indeed limit location of buildings that are to be within 74 feet of the scenic highway to "office buildings." The normal setback of the M-1 zone is 50 feet and he feels the compromise made was fair up to a certain point. Mr. Kirtley is of the opinion to limit the variance to "office buildings only" unduly restricts the uses by right of the land under the Zoning Ordinance which he feels the Zoning Ordinance guarantees to him. Therefore, he seeks a clarification or modification of the motion made and approved by the Board of Zoning Appeals. STAFF COMMENT lie Zoning Administrator carefully reviewed the applicant's public hearing presentation preserved by a tape recording. It is true that Mr. Kirtley's application sought a compromised uniform building setback line from the scenic highway for "buildings". (application attached) Mr. Kirtley and his attorney at first argued for this uniform setback line to apply for all M-1 use structures. However, the Board in response to their initial presentation chose to direct its consideration only to construction that the applicant wanted to build at this particular time. (i.e. , office buildings) Mr. Payne, the Deputy County Attorney, argued that the variance could not be granted for any reason and would be unlawful. However, if the Board was to do so, he recommended that the variance could be tied down to only "office buidings." °ewr vwry STAFF REPORT Page 2 Mr. Kirtley at first rejected this condition but later, after speaking with his counsel, agreed to this stipulation since the Board appeared to be thinking along that line. Mr. Kirtley, nonetheless, did express his reservation that this variance should not preclude any M-1 use structure being located up to the 150 foot required setback of the scenic highway and that it would not change the M-1 zoning. The Board dismissed those concerns by stating the variance would preclude either of those things. The motion as recorded, however, as stated here, reflects the following: "The Board of Zoning Appeals grants Mr. Kirtley a 76 foot variance to allow the building setback line to be 74 feet from the right-of- way of Route 250 West, a scenic highway, alloy f.,i iiiy. Therefore, the staff feels the issue before the Board on Mr. Kirtley's request is whether further clarification on the motion is necessary if not desired. However, he also requests formally with this application to modify the variance and allow a uniform setback line for any building structures associated with the M-1 zone. He feels the site review process will protect the scenic highway. If th- 'Board feels clarification is necessary, the staff recommends a change in the lan• . age of the motion to reflect the following: 1) Mr. Kirtley, his heirs, and devisees are not precluded from - stru. ing any M-1 use structure up to the 150 foot sceni ighway setbac line while "office buildings" specifically s 1 be allowed to be wi.hin 74 feet of the scenic highway right- -way. 2) Mr. Kirtley, his heirs, and devisees are precluded from applying for another v. iance or to modify the fisting variance to allow any particular 1 use structures er than office buildings to be located less than he required 0 foot setback line. On the other hand, if the Boar. f is a modification of the variance is duly merited, the staff recomme�.n appropriate motion with the following condition. 1) Agreement the applicant t' .t binding him, his heirs and devisees that t ' required landscape pl. under the Zoning Ordinance be de ' ned to protect the scenic h ehway designation and such a plan shall accompany his site plans for .roposed construction that is reviewed and approved by the Plannin• Commission. C u # 7 ALBEMARLE COUNT ' Niro" 4 3 `'me 1A i's i i ,oc.ti , T*r / / ' A''''....4..\ JourrT / /1/21 x ..4 2 9 )N' — .1^'3° 1.'6.4) 3" \ / - Y" 332 I 31 . ''.............,,„,c ......../.. 32 ......V. 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