Loading...
HomeMy WebLinkAboutVA198400023 Application 1984-05-09 $20. Permit Fee 1.s t Application.. No. Sip Si Erected By: `-1 >` l,) 1 h Staff: APPLICATION FOR VARIAN Zoning Department 401 McIntire Road Charlottesville, VA 22901-4596 Cocmty of Albemarle 296-5832 Date of Application ) 19, 71 GGlTER OF PRDPERTY _ OCCUPANT (If other than caner) Name: -_ r7� (9 L �) n c .� Name: Address: I'l 19 , /) ,,,jc 4 Address: [',6 ,1 0 t)-(\ Teiepb e: - 1 t 7 Telephone: Location of Property: � �u�� �~�-� � X==�: � Ta ± 3/1 Ci .yyz moo of Jinn, - of V. y)1 ,2 It . G' Tax Map 9 6 Parcel 5 C. Acreage / Q c- () ' -�. -K ExT s _ _ � Zoning � District c'5 C Existing Use: y)c ry1 ,'t A / ) 'r-4 J Variance sought (describe briefly relief sought) : .L‹ Li)kA A.) (Y) Of '(/' l 3L C l\.i \c k () ` Q_UV`-) -0 I (42 '111)a_,ALifi 0-P otl-ap.. GLL1 ) 04) I 4 I hereby certify that the foregoing information is true and correct to the best of my bmccsledge and belief and that I am the owner named above. v) L(t) • pp •�t Date FM. OFFICE UM ONLY 7 n iig Adminis=ator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: ' ( Final Decision Made: The- variance sought den%ed/approved with the followingcondi ta.ans ZwA172/04ok r / 42zize;7z-Jff.t. Special Use Pezmi of BOARD OF APPEALS • Sign. Pezmit# • �� e Ptri Pezmitilfr d ,J teft dezi.-4-0-44 g y 3 /�31 c -ci STAFF REPORT - VA-84-23 Applicant: J.V. Farm Equipment Tax Map/Parcel: 90/35C Acreage: .9774 acre Zoning: Highway Commercial, HC Location: East side of Route 742, about 9/10 mile north of intersection of Route 742 & Route 20 VARIANCE REQUEST The applicant requests relief from Section 21.7.2 of the Albemarle County Zonings, Ordinance to allow parking of display to be allowed 6 feet from a residential or agricultural district, a variance of 14 feet. AREA CHARACTERISTICS On the south side of the site is Certified Welding, Zoned Light Industry (LI) . The north side is bounded by undeveloped property at present, but a church is proposed for this site. The property is zoned R-1, residential. The site has a main building - with office, storage area, and two bays. A variance, VA-84-07, was granted for the applicant to locate a storage building, at the rear corner of the site. The property fronts on State Route 742 which slopes upward from Route 742 to about the midway point and then slopes to the rear. ZONING HISTORY The Board of Supervisors on May 19, 1982, approved a rezoning from R-1 residential to HC, Highway Commercial subjectto a proffer: HC limited use to machinery and equipment sales, service, and rental; and uses in HC that are permitted under C-1 as they would be established under C-1 regulations. On July 27, 1982, the Planning Commission approved a site plan for J.V. Farm Equipment. Variance, VA-82-63, was approved by the BZA to allow a freestanding sign to be located 10 feet from right-of-way - limited to 12 square feet in size. Variance, VA-84-07, was approved by the BZA to locate a storage building 6 feet from the side and rear property lines. COMPREHENSIVE PLAN Under the Urban Land Use Plan, the east side of Route 742 is designated indus- trial use. On the east side - north of the site of a small area of commercial. On the west side is for public - semi-public - which has an existing recre- ational spot - lake and camp site - Reynovia Lake. 'WNW VOW STAFF REPORT - VA-84-23 Page 2 STAFF COMMENTS The ordinance provides separation from vehicles on the commercial property from the adjoining residential. Also, the approved site plan indicated areas for equipment storage. Both areas on the site plan were to be provided a buffer strip of vegetation and trees. STAFF RECOMMENDATION The applicant, in a letter of petition, addressed the idea of planting 5 to 6 foot white pine trees along the property line in place of the scrub pine trees. On the site plan that was approved showed a buffer area of natural vegetation to remain undisturbed. The original screening or the replacement white pines would have provided good screening. The existing trees are not and will not provide adequate screening for some years. We recommend denial based on the following: 1. The natural buffer was removed. 2. The white pines 5 to 6 feet in height were not planted as considered by the applicant. 3. We find no hardship in the fact that the site plan showed display areas as submitted by the applicant. 4. The ordinance provision is to provide for separation of zones, thus granting the variance would be special privi- lege. l' ;'1,FOT5!?MMMII" ot O lfin dN 8� Lof -114.4 • LjRG1.r1A ROBERT W. TUCKER, JR. DEPARTMENT of PLANNING RONALD S. KEELER Director of Planning 401 McIntire Road Assistant Director Of Planning Charlottesville, Va. 22901-4596 R. KEITH MARE 804- 296-582 3 Principal Plarpner May 20, 1982 NANCY MASON CAPERTON Senior Planner KATHERINE L. IMHOFF Planner Mr. J. V. Webster 1719 East Market Street Charlottesville, Virginia 22901 Re: ZMA-82-5 J. V. Webster WITH PROFFER Dear Mr. Webster: The Albemarle County Board of Supervisors, at its meeting on May 19, 1982, voted to approve your above-referenced rezoning request on property described as 1+ acre currently zoned R-1, County Tax Map 90, Parcel 35C, approved to be zcnea" HC, subject to the following proffer: H-C limited use to machinery and equipment sales, service, and rental; and uses in H-C zone that are permitted under C-1 as they may be established under C-1 regulations. If you should have any questions with regard to this action and notification, you may contact M . Ronald S. Keeler at 296-5823. Sincerely, kW-4 Wed Stuart L. Richard Department of Planning slr cc: Director of Inspections/Zoning Administra tor April 26, 1982 To: The Members Of The Albemarle County Commission Board: From; J. V. Webster, Petitioner. I felt it would be advisable to apprise you of my plans for the develop- ment of the 1+ acre property, (Hogan property) due for a rezoning hearing i'iay! 4th. My main concern is a safe entrance to and from the property. I contacted Mr. W. B. Coburn, Jr. the Assistant Resident Engineer for the Department of Figh- ways and Transportation. After inspecting the sight Mr. Coburn was satisfied that steps could be taken to ensure the safe access to and from both my,(projected place of business) entrance as well as that of Certified Welders. Please see the attach- ed letter. My location has been Avon Street Extended since Sept. 1 , 1979. I deal main- ly with used tractors and new and used farm equipment, I also have a franchise to sell 2 and 3 axel Lowboy trailers. I have experienced a steady growth and feel the need to expand, (from sharing a acre lot to an acre) my business. However,', I wish to remain in this area, as I am already established here. As you may see by the enclosed pictures the buildings on the two lots o the south of my property are Butler Steel structures. I too feel as if this woul suit my needs as well as blend in with the present landscape and structures, of mylneigh- boros. I have considered a low growth shrub, (such as spreading Juniper) for the front of the property and around the gate area. There are many Dogwood trees, on the property which will remain undisturbed. As to the protection of my neighboros to the north, (Dudley Property). JYou can see by the enclosed pictures my property is mainly scrub pine trees, I have considered planting in their place white pine, (5 to 6 feet tall) one about every ten feet along the northern property line. I have also enquired as to the feasi- bility of a 6 to 8 foot stockade fence. You may be assured that I wish to do any- thing in my power to protect my neighboros to the north, there-by adding attract- iveness to the area in question. I truly feel that my business would be an asset to this area, and I would take appropriate steps to maintain my property in a well kept attractive condition. Sincerely yours, J. V. Webster, Petitioner Cliarlottesuille • free I! ill !aptiet QIL urcil Mailing: P.O. Box 6923 Charlottesville, Va. 22906 April 9, 1984 Attention: Albemarle County Board of Zoning The Free Will Baptist located in Charlottesville reviewed the application that Mr. J. V. Webster submitted to the county pretaining to the request to give them a 6 foot set—back off of Free Will Bap— tist properties. The Advisory Board, along with the congregation, request that if a permanent 6 food set—back off of Free Will Baptist is granted, a screen will be permanently placed by the owners, so Free Will Baptist will be protected from their activities and, also, their equipment, that would be harmful for young people, such as plows, tractors, saw blades, etc. We request that this permanent screen be placed because we will, also, be placing valuable buildings on our property. We cannot go along with a permanent 6 foot set—back without a permanent screen, such as a fence or other device, that would protect and block view. We have enclosed pictures, along with a chart of the building, and land, so this will be self explanatory. We trust that you understand our position and we desire greatly to have good neighbors and, also, desire to have the utmost requtation in the community. We are willing to work along with our neighbors but cannot go along with a 6 foot set—back. We request to leave it as is, and, also, request a permanent screen. Sincerely Yours; Free Will Baptist Li �. Advisory Board: J /f,S!> Kellie Mundie William Mundie Wiley Reed Leland Pritt R (�. arIu##esiilje • �� Nomir 111 ree i,i, Hi 7gaptist OJEixrtk 4L Mailing: P.O. Box 6923 Charlottesville, Va. 22906 May 7, 1984 Albemarle County Board of Zoning & Soil Erosion County Office Building Charlottesville, VA 22902 Dear Sir: We once again wish to write you concerning the issue requested by the J. V. Webster Farm and Tractor Company. The applicant requests relief from Section 21.7.2 of Albemarle County Zoning Ordinance which will allow 6' permanent parking from the line. We had another meeting with the church advisory council and also the church's attorney. We want to work out the best possible solution for both sides. We want you to know that we respect a man such as Mr. Webster who can start a small business and continue to grow as he has. We feel he is now having growing pains. We understand why he wants a 6' permanent setback in order to accommodate more equipment. We want you to take in consideration, while you make the decision pertaining to this issue, that we experienced the same problem on the property on 401 Harris Road in Charlottesville. We outgrew our church facilities also. The city of Charlottesville would not allow us to build or add on in order to protect the surrounding properties. We came to the decision to purchase the land on Avon Street 742 beside the Webster Tractor Company. New (2) We are very proud of the new location and we are working hard to raise funds and working also along with the county at the present time with the site plans for the new property. We felt that we purchased enough property to protect us from what we experienced with the previous church property. We can sympathize with the Webster Tractor Company. The church has agreed that if the Zoning Department grants the application, we will definitely request a permanent screen other than what they presently have. We would rather request a fence if at all possible but if not, other trees planted besides regular cedar trees to give the church a permanent screen would be suitable. As of May 4, 1984, no party from the Webster Tractor Company has contacted us about their request for the application. We have been advised by our attorney to ask for a permanent screen. We (the church) feel we should not at any expense pay for any screen because the church has not made a request for a 6' setback. We understand their need for growth room, but we feel we have granted enough by allowing a 6' setback with a permanent screen such as a fence, etc. If at the present time they are working unc'er a hardship, we will allow for a time, such as 12 months, to place a screen at their expense, even if they are granted a 6' setback. We definitely would want this in writing and approved by the Zoning Department so there would be no questions. Our final decision has been based on the depreciation of our property if the application is granted without a permanent screen such as a fence, etc. We want to protect our congregational families from their children wondering on another property and being harmed. We have many folk in our congregation that have worked hard to get where we are. We have some outstanding people that will represent our church. We wish that we were not faced with this situation. Please consider what we have said for the interest of both parties. I am confident that you will be fair. Respectf lly you s, ""'- .-- „cs.,\;:i , - Rev. Walter Sumerlin Advisory Board: William Mundie, Kellie Mundie, Leland Pritt, Wiley Reed. — , November 1, 1984 Albemarle County Zoning and Soil Erosion 401 McIntyre Road Charlottesville, VA 22901-4596 To Whom It May Concern: The Free Will Baptist Church had a business meeting on Sunday night, Qctober 28, 1984, concerning Webster Farm and Tractor Supply Company, and we voted that it would go on our record that we would work out the best relationship with Mr. Webster we could. We agreed his equipment could stay where he presently has it. We feel that Mr. Webster is a good neighbor and keeps is property waiver dh up. Therefore, we would like the county to w toe p back which is required since it would cause a hardship business. In the future , if the church sees fit, we will put up a fence or plant more trees at our own expense when it would be financially ) affordable. Sincerely yours, tl Rev. Walter Sumerlin Pastor and Trustee of Charlottesville Free Will Baptist Church WS/dgr cc; Mr. Andrew Taylor Webster Farm & Tractor Supply Co. ,,, r„, - 7 yy ,i � ' ja•.S i , V� DEC '1 Iya4 r,cr a n^i E COUNTY V '.. .J..g' xl,.ixbYbwk r,..ar»,x.eu �Fr ¶r ti 1 I { 1 I 0. a e•• /4' e9' w N''t ",rj ,,,LTI/d ee' r° jO AR No. 1 T. M. 90 1170 Pore• / 35 5 LIND SVl w i • • 0. 977 4 Acs. I r M 90 I i. Pore•/ 35P i ♦ 4 0 7 ♦ w 5 • r • 1 ♦ 0 7 , N h. ° • A ♦ ' ° '1 A 0 h h A 11 o C h 0 h h j f- i 1 • 1• 1 • • h. .p • •• 1 /0 9.4/ ' ilY• r• St. RI. e0---• N 17 •e7'I• 'e .• STATE ROUTE 742 -1 PLAT SHOWING 0. 9 7 7 4 ACRES BEING i PARCEL 35C ON SHEET 90 COUNTY TAX MAPS 1 ALBEMARL E COUNTY , V I R G I N I A M a y 24 , 1 9 8 2 O SO 100 150 200 250 300 } G r o D e i c S ea Is e e t 1 B. AUBREY HUFFMAN a ASSOCIATES , LTD. CIVIL ENGINEERING , LAND SURVEYING and LAND PLANNING j C HA R L O TTE S YI LLE VIRGIN I A I 4 Y • 1 _ ' LBEMARLE COUNTY v . i 4 3. �`' _ 76 a.+�, a 'mot / . ti t �, • Air,. i ..-"'.-***.j ''`....—..... ' -''"." ..,'..... "." "..". "ft"'*':... ....,...."*" ....".. i / ) . " )( ' '''"''...'. VP X HAI) ) A' 96 I .". 14 3 ` 41 i GEL 34 R�sr . N.,.,.. / ` , iq- s �X. ,y `w g, �_v ^ per - �.�! Aii .•...v.. / 647 .%•••••'%., Z ' / ♦} iz 4:t.o.". . ...."----- ,44: "Nrip`b it„.., 1 . • 6 t , _ ,.- (\ %.....-- 2.,.., .!4.. , !9 ._.............. 1 .1 \3\, W4 N 19 v .• ,v \ p a,I.yVe/ `- iT7 j ., 30e '" ot. • / <1 1VS - 8 V. �., `- ,: ;NN . a11* ny . r ( \ / \,............. 91 WILL tat 9 TA •� r a�; xz IS \ .1 40 mg 1 �- 7`' /�' \ ....7......s,..../.( .‘S. /.......\,„.„ • j/".../... vX - ' ( ‘‘...x\ \\ In SA \ 41. l - • t7 • / /*S"...... \ \• ... ...\......07..... ..*,........ •//1/>... ' 141;9\ • Sk' // i I / \ • /(1( t 0 i I. . MA •• ...‘.... \ ,N..,•.>\. ,... '0 C /---.....„. ".\j 1 — •‹ 12 / c/ -4---.-- ''g2 J t B' t0E'. 100 108 �� 1 MX\ ( iii, 104 I.0i. i RCVISCD 1919-0N1.7 1- R — . i "" Di �n SAMUEL MILLER AND SCOTTSVILLE nic-rmir-rc SECTION 9t)