HomeMy WebLinkAboutVA197800020 Application 1978-04-21 $20. Permit Fee n ti Application r VA - - ,a0
Sign Erected By: Staff: 5r1QJ-z-m
APPLICATION FOR VARIANCE
Zoning Department
414 E. Market Street
Charlottesville, VA 22901
County of Albemarle
296-5832
Date of Application l 1 p L GJ , /Q 7 g , 19 • .
OWNER OF PROPERTY OCCUPANT (If other than owner)
Name: (I . �(W-9-'Zr Name:
Address: (0 I IL Address:
0_11 fat cZaq 0 I
Telephone: 0Q (0 - gq, 3 Telephone:
Location of Property: c . t'-& Q Qf>- uj-f - O. (511, 0 Y\ ±ftt nt3etjtkv,
/�+ e Rt
Tax Map 0 5q Parcel (1/3 /3 Acreege I. a S
Existing Zoning -I District _
Existing Use: U0-C o v t
Variance sought (describe briefly relief sought) :
u-cuua.rte_e._ (arc ► d4 l g , pail a Talph, /E-3 -I
-th.e. Ube. e Co . of Our
ukcA-unk Li a.L cL
�ft> Q_ho C.Prii attui ac cL, 1 hGuh.
to aA/L, /50 . Dom. flirt. d - au a
� -� rnu cd - ,,
I hereby certify that the foregoing information is true and rr ct to the/5' st of my,
knowledge and belief and that I am the owner name ve.
11-
App 1 ./a ///7
P
'Cant7
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: �-/q/7$ Final Decision Made: mall
The variance sought was ed/approved with the following conditions:
- A ve-
Special Use Permit# BOARD OF ZONING APPEALS
Sign Permit# BY:
Date
Building Permit#
'ftiv► STAFF REPORT `"'"
VA-78-20. Henry J. Javor
Tax Map: 59
Parcel: 23B
Zone: B-1
Acreage : 1 . 928
Existing Activity
Vacant Lot
Proposed Variance
Applicant seeks a variance from Article 18, Section 18-3-1 of
the County Zoning Ordinance so that any structure permitted in
a B-1 Zone be allowed to be constructed with a 74 foot setback
rather than the 150 feet as stated in Section 18-3-1 . Appli-
cant states the variance is warranted since the B-1 zoning
privilege of this property, which is 200 feet deep, would be
largely confiscated if he abided by the 150 foot setback.
Therefore, he requests that any structure associated with the
B-1 Zone be allowed to be constructed with a uniform 74 foot
setback.
Zoning Ordinance Requirement
No structure, except as hereinafter provided in the case of
certain signs , shall be constructed within one hundred fifty
(150) feet of the right-of-way of any designated scenic highway
or Virginia byway having a right-of-way width of fifty (50)
feet or more, nor within one hundred seventy five (175) feet of
the right-of-way of any such highway or byway having a right -
of-way width of less than fifty (50) feet.
Staff Coiuiiient
A similar request was made by Mr. Kirtley, adjoining property
owner of M-1 zone land, and the Board of Zoning Appeals approved
the variance. However, the uniform setback line variance was
approved with the assurance by the applicant that a profes-
sional office building would be constructed as such was more in
keeping with the Scenic Highway. In turn, Kirtley sought the
assurance from the Board that at a later date, if he so desired,
he could build any structure associated with the M-1 zone at
that setback and the Board made the motion and approved the re-
quest . (Attached are the uses allowed in the M-1 zone and the
B-1 zone.) If a special use permit were required and it was
denied, of course Mr. Kirtley could not build the structure
associated with the special use.
The applicant proposes the location of a gas station. This
matter was first deferred. The Board had requested a set of
plans to review before ruling on a variance. A withdrawal
without prejudice was later made by the applicant . Therefore
this is a new application for a uniform variance similar to
that which was granted by the Board to Mr. Kirtley.
The Zoning Ordinance will require 60,000 square feet for any
septic system where a lot is served neither by a central sewer
or water system and 40 ,000 square feet where a lot is served
by one or the other. Unusual soil conditions may require
additional square footage. The applicant would also be sub-
ject to the Run Off Control Ordinance and Site Plan Review
before the Planning Couuuission.
See recou,uiendation letter from Planning Commission of June
22 ,1977 .
page 2
Staff Report
VA-78-20 Henry J. Javor
April 5, 1978
The Board of Zoning Appeals
c/o Albemarle County Zoning
Administrator
414 E. Market Street
Charlottesville, Virginia 22901
Re: Petition by Henry Gavor
Gentlemen:
It is my understanding that a Mr. Henry Gavor is petitioning the Board
to give him relief from the 150 foot setback provision concerning Route
250 as a Scenic Highway. My view of this matter is that since Route 250
West has been designated as a Scenic Highway, relief from the 150 foot
provision should not be granted. The purpose in establishing such a
requirement is to keep our highways truly scenic. By granting property
owners' requests for relief of that particular requirement certainly is
not in keeping with the intent of the original decision regarding scenic
highways in the state of Virginia.
Hopefully you will give unfavorable consideration to Mr. Gavor's request.
Very truly your ,
•
T. . Kelly
Route 3, Box 61
Flordon
TJK/WH/03
*We v410'
L - X yf
Board of Zoning Appeals
c/o Albemarle County Zoning Administrator
East Market Street
Charlottesville, Virginia 22901
Gentlemen:
As President of the Ednam Village Owners Association,
I am writing to you to express the Association' s opposition
to the application of Mr. Henry Javor for a waiver of the
scenic highway setback requirements on the Javor property
on Route 250 just west of Ednam Village.
We understand that Mr. Javor intends to locate an
automobile gasoline and service station on this property
and we feel that such a use of the property, particularly in
close proximity to the frontage of Route 250 , would be in
derogation of the spirit and intent of the scenic highway
ordinance.
We understand that this matter is to be heard by the
Board of Zoning Appeals on Tuesday, April 11 at 2 : 00 P. M.
and we will do our best to have a representative of our
Association there to voice our concern about this application.
Sincerely,
Wit;,,
Charles Barham, Jr. , President
Ednam Village Owners Association
Flordon Drive
RFD 3, Box 20
Charlottesville, Virginia 22901 Lpri 1.
—nealarie County O1fl " Li
bard of 4oninL, 4peL1s
„,treet
Charlottesville, Virjo
,fear _ r•
_pril ocin of
eery avor. Lr. Javor's re—
_ reuests ladver of tLe 2roviFJion Lfover—
in ;:ce: jc
- e ree3t :.ermis:doa to loc,•te
crviee ctjon feet from —oute :23:•
CsLiJ1jsje 1 . 1. -fet
de ! ec, ou to consiC.er , r. ,]avor's variance.
is -,1-ooe service sttion well1(1 ,:re aCeuLtl-;
loccteL n: feet from oiIc , c;2 or
y c
aTh
you Zol.
•
• cr
Troo ,
*44mie *goo
May 5, 1978
EDNAM FOREST OWNERS ASSOCIATION, INC.
P. O. BOX 5709, BARRACKS ROAD STATION
CHARLOTTESVILLE, VIRGINIA 22903
Board of Zoning Appeals
c/o Zoning Administration ,� ti
Albemarle County ,CE1V
71
414 East Market Street {�
Charlottesville, Virginia 22901
Gentlemen:
As President of the Ednam Forest Homeowners Association, I am writing
to express the Association's opposition to the application for a waiver
of the scenic highway setback requirements by Mr. Henry Javor on his property
on Route 250 West, west of our entrance.
We feel very strongly that a gasoline service station on the front portion
of this property would take away from the intent of the scenic highway ordinance.
We will have a representative present at the Board of Zoning Appeals hearing
on Tuesday, May 9, at 2:00 P.M.
Sincerely yours,
Curtis H. Hathaway
President
CHH:AFN
In1D rl.N, MIL/ •nnl I'll. IIILL unw 111I1) rtfLLJ ,..Jr Irlc o11W,,.Vp 'SRC. Onv..,. Ilcnc'U•.
ARTHUR F. EDWARDS . C L.S
11010v sore?
I I
s
•s?o9
IIE
.1e. • 3"/.9
0
0 ao�',,, C
r 0 c 0 ^ 0
o. p
• 4'
o .
.T 0 O
a 0,
e
ee as
VI
o e•
3.102 ACRES ZONED M-I
2
t-
ta
KIRTL EY a • . 4
w a a
a do o, �.
. w
as . 4,5t
5. 030 ACRE PARCEL \
I
.
o ,
•
It
\
0
o �
C 0 •
y I. 928 ACRES ZONED 8-I '' o \
10:. o
t
. .
ire" A' t/I 7p.
s 0 • III Ill ,
0 J ,
rY l'Z'
Ma. g-. .10 ' two I
4. 7 g • !s Ample
•
`y - ��-.
•
. ROUTE
2 S0
PLAT SHOWING
A 5. 030 ACRE PARCEL
•
A PORT 1014- OF TRACT " B", DEED BOOK 347 - 461 ,
FRONTING ON U.S. ROUTE 250 , APPROX. 2 MILES W. OF CHARLOTTESVILLE
Scale I " : 1 00 ' ALBEMARLE COUNTY , VIRGINIA J ANUARY 30, 1974
B. AUBREY HUFFMAN & ASSOCIATES
CIVIL ENL'NLLRING AND LAND SURVEYING
CHALoOTTESVILIE VIRGINIA ,
47
l 4
11
toI $a�
/ /Aft< •
Ill /...")•\„.........F./.....„4 x _4
< �., �/ �c\ /
. is •
. I . .....\....'. /
•:.'"--N::::::::,:-..,,,,,,,:,,, •
--.......,........4:.32...\
f .. \., ''' . "-N,- "-,,,-'2- - 4., 3, ).......___L_
•^�t - . 's,,,,,'•-•., 6",‘ \ • •••••..........
t �\\w\.. \ 4A/ C
• f \` v t \ .) '` t
\� \� 1 to \ ( > '
•
/ - \ . u
! p \ \ rn \ ,/-- /
........\.sj.se,...X374 <7N
4/:\
•.„, /7.-
r........"''...I...4.
il‘k•//(
/ ."•..—y. ‹...,
/ ' \ I•
•T'.....N.'''''''\....,1, yers K. i /
Oa
SLCt1on t9G� /*/� / ty • •� ��-•y
!1 \ •\15 A . I.; .
41//1(177.."ki -----.N.." .25- . /7". 458
2/./ . `.........".45A> 1
•-•.. '..:::...*.,....>> / • : 7 44 40 •
kro4•
\ /' �—"' szAa
j "'ss:t.: / I
Ds 4. , • .
i.
� � r tat '`, u
. IS. 30-I.
L~ 1 / to • ` �• .
`T[. ur
---,•
...... ...
n r4A ........,...... ,.._ ,...„
r, „.• \\ ..4, .4.
•'N,
<T \..
/ �.t—r17/'''r1T'C
rzs � �� \ \ •Tr���' a I' f 'o A / 90 rt n r'"/ cs
�" lei'� tt •\ \���4 1 .a /!.a ,n�� Tor\6.
• /� '."�.-4✓lr i s ., 74 .a . 65.
,/ AL". .-r.'..\-- ,;.(2° ...).
�_ /• •.%" \ '''=: tar may r„�•. R.,t.:�:• _..t'
to. 25 , .'1 1 IL:.,:r•,—r r.� ..
. I ••••\6. . -.' .."'''`' 7 6..„? '4
1.
�� 124 \ ., ` T)ç`•��/ / •{�` \;\`:/ti:
Ito 1 pri e„ :,a•r� .
/ b \. • \ -
'''..."...)
ift
I'/ \ 4 l.o•;it0 -,,\` .••
W II4 .\\ \�\ �.,.
•
I.
i 1 // . .,....,.....,..,-.......:._:2
`�.\
SCALE IN FEET 75
0 K1OQ CMARI_(T ESVILLE—IVY DISTRICTS - SECTION 5`...
wrr
1
f
RUGBY REALTY
R,EALTOR' 611 RUGBY ROAD �� � gam,
CHARLOTTESVILLE, VA. 22903 804 296-8953
April 10, 1978
Mr. Ben Dick, Zoning Administrator
County of Albemarle
414 East Market Street
Charlottesville, Virginia
22901
RE: Board of Zoning Appeals
Va.-78-06
Dear Mr. Dick:
I should like to request a deferment on my application to
The Board of Zoning Appeals scheduled for April 11, 1978 for a
variance on the scenic easement setback.
The additional time is required to prepare a site plan
and further study by the contract purchasers of the property .
Thank you for your consideration in this matter. I have
been away these past two weeks and have just been informed of
these developments .
Sincerely ,
Henry J. Ja r,--
HJJ:HAR
cc: Mr. Bob Smith
7 Lie-ii ,,e-e-4.- eaft.-44...cee..4„ . _.P 4‹..),0,;41
/ /
/ e PZ
vire
STAFF REPORT
VA-78-06. Henry J. Javor
Tax Map: 59
Parcel: 23B
Zoned: B-1
Acreage: 1.928 Acres
Existing Activity
Vacant Lot
Proposed Variance
Applicant seeks a variance from Article 18, Section 18-3-1 of the County
Zoning Ordinance so that any structure permitted in a B-1 Zone be allowed
to be constructed with a 74 foot setback rather than the 150 feet as stated
in Section 18-3-1. Applicant states the variance is warranted since the
B-i. zoning privilege of this property, which is 200 feet deep, would be
largely confiscated if he abided by the 150 foot setback. Therefore, he
requests that any structure associated with the B-1 Zone be allowed to be
constructed with a uniform 74 foot setback.
Zoning Ordinance Requirement
No structure, except as hereinafter provided in the case of certain signs,
shall be constructed within one hundred fifty (150) feet of the right-of-
way of any designated scenic highway or Virginia byway having a right-of-way
width of fifty (50) feet or more, nor within one hundred seventy-five (175)
feet of the right-of-way of any such highway or byway having a right-of-way
width o less than fifty (50) feet.
Staff Comment
The applicant was granted an earlier variance (VA-77-31) to place a vet-
erinary hospital to be 74 feet from the right-of-way. (This use is allowed
by a special use permit.) The veterinary hospital contract for purchase of
the applicant and his buyer never matured and the applicant now has another
potential buyer who does not wish to construct a veterinary hospital. A
special use permit for the veterinary hospital was sought by the applicant
(SP-77-30) and the Planning Commission approved the permit with conditions.
(attached) The applicant requested deferral of his special use permit in-
definitely. The adjoining property,owned by W. J. Kirtley, was granted a
uniform 74 foot setback.
If the Board chooses to approve the variance, the staff recommends the fol-
lowing conditions:
Staff Report (Continued)
VA-78-06. Henry J. Javor
1) A landscape plan will be submitted with the site plan for
Planning Commission approval.
2) Preservation of as many trees as feasible shall be determined
and included on the site plan.
3) The applicant withdraw VA-77-31.
The Board may wish to consider the Planning Commission comments in their
deliberations. The applicant should be advised he will be subject to the
Run Off Control and Soil Erosion Control Ordinances.
•
o .
•
•
••
Planning Department •
804/296.5823
• 414 EAST MARKET STREET
CHARLOTTESVILLE. VIRGINIA 22901
OBERT W. TUCKER. JR.
RONALD S.KEELER
DIRECTOR 01 PLANNINO ASSISTANT DIRECTOR OP PLANNING
•
June 22, 1977 MARY JOY SCALA
SENIOR PLANNER
CARLOSM. MONTENEGRO•
C
Henry J. Javor PLANNER
611 Rugby Road
•
Charlottesville, Virginia
Re: PLANNING COMMISSION ACTION
Request for SP-77-30
•
Dear Mr. Javor: •
. This is to advise you that the Albemarle County Planning Commission at •
its meeting June 21, 1977, by unanimous vote, -recommended to.the Board
of Supervisors that SP-77-30 be approved subject to the following conditions:
•
1. Site plan approval;
• .2. Approval of appropriate state and local agencies; •
3. All animals to be kept inside between 9:00 p.m. and 8:00 a.m.
4. Soundproofing of building to be provided and maintained to the reasonable
satisfaction of the Zoning Administrator such that noise eminating -
therefrom shall not be audible at the nearest point of any neighboring
property zoned for residential use..
5. Access from subject property to U. S. Route 250 to be provided through,
and shared with remainder of the 5.03 acre parcel; no direct access is •
to be permitted from subject property to Route 250.
•
•
•
•
The Board of Supervisors will consider this request at its meeting July 6,
- 1977, 7:30 p.m. , County Courthouse, Charlottsville, Virginia. YOU OR YOUR
REPRESENTATIVE SHOULD BE PRESENT FOR THIS MEETING. The Board prefers not to
act on requests in the absence of the applicant but will not defer an advertised
public hearing except under special circumstances and MAY act following such •
hearing. .
•
•
Sincerely,
jaw-, chi •ne Gloeckner
• Planning Department
ig/
cc: Lettie Neher, Clerk
i, -
Lu
ft)
RI
II
as
-it
is
1�7
I R�
..... - ------
-- ------------
- ----------
47
ov
III)o
�i
—4 7ZT
7
'P&7SA3_y
0
IV'
KI
..... ... ... b
Ji
----------- CD
Pd,
— ------- ------ -------
a—H
------ -----
..........rs
. . ....... ....... 7i
... . ........ .... 4 ...... ... .
k
IW
...............
- ------------ .......
PIK
....... ....................
ell
V
it
"Zo
1
44
I
QIE
RAM_ CoNc. CuRg ✓�
I
�
4- B4Ooa
GAL. uNnER�1Rouw4
L----.----�
570QphE
TASJKS �bXZI\
I I
i— — — — — — �
T'� 1 T L: P✓1 1 � C us Pb.v E M E�.s T• --'"
I
Y
` RJMP
ISCAU5 J
CFFICE
MP IOLAA.lr,
0
3t.nC,.
3�x 3' 1
01
i
❑
❑
I
❑o----
BIZ J
I
i
EnQE
eF CsNOPY
1 ----
Q. e 3 b. c a. E ->
-le —
of �
r �• ��TUM1130t1S �AUiME1sT �/
C. (ZpO. Go�tc. COMM
Zap RA ./
CV 110,
C 2c*ssE
QEA
4
w
1
REVISIONS SIT
DeswNRr R T. P. PARKER &SON E FL.eal FOQ-
SHEET
cxn sr engineers & surveyors PkL PoSECA SERVICE STATlc"
p,t.t�EcnAQIE GaLrl.!'rY��t2.C�,L.l1�.
APPROVED: TELEPMONE (703) 387-1153 1
DATE. P.O.60X 36Z SALEM•VIRGINIA. 24153 MAY OF
5 19� 8