HomeMy WebLinkAboutVA198700001 Action Letter 1987-01-09 STAFF REPORT - VA-87-01
OWNER: M.A.D Partnership
APPLICANT: Frank A. Kessler
TAX MAP/PARCEL: 76C/03-A
ZONING: CO (Commercial Office)
ACREAGE: + . 8 acres
LOCATION: North side of Rt. 601 at its intersection with Rt. 855
The applicant seeks a variance from Section 21. 7 . 1 of the Albemarle
County Zoning Ordinance. This section states :
"21. 7 Minimum Yard Requirements
21. 7. 1 Adjacent to Public Streets : No portion of any
structure except signs advertising sale or rental of
the property shall be erected closer than thirty (30)
feet to any public street right-of-way . . . "
The applicant proposes to construct a freestanding business sign
and seeks a variance to reduce the setback measurement from the minimum
requirement of thirty (30) feet to one (1) foot. The proposed sign
has a sign area of approximately thirty (30) square feet. The applicant
states that due to the existing vegetation, the sign must be located
one (1) foot from the property line in order to be visible to passing
motorists .
RECOMMENDATION
The application should be denied for cause:
1) The applicant has not provided sufficient evidence to
show that a strict application of the Zoning Ordinance
would produce a clearly demonstrable hardship approach-
ing confiscation as distinguished from a special privilege
or convenience.
2) The applicant has not demonstrated that the perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district and
general vicinity. The requirement the applicant seeks
relief from is shared uniformly by all properties zoned
commercial office.
3) The applicant has not provided evidence to demonstrate
that the authorization of the variance will not be of
substantial detriment to the adjacent properties or that
the character of the district will be altered. The
granting of the applicant' s request will undermine the
intent of the Zoning Ordinance in regards to required
setbacks for signs .
STAFF REPORT - VA-87-01
In the event the Board of Zoning Appeals should find cause to
approve the applicant' s request, the following conditions should
be considered:
1) that the height of the sign not exceed six (6) feet
above grade
2) that the area of the sign not exceed thirty (30) square
feet
3) that a second freestanding business sign not be erected
on the property at this or any future date
if
C O F'V A La II M-1
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DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLOTTESVILLE. VA. 22901-4596
(804) 296-5875
March 11 , 1987
M.A.D . Partnership
500 Faulconer Drive
Charlottesville , VA 22901
Re : Board of Zoning Appeals Action
VA-87-1 , Tax Map 76C , Parcel 03-A
ATTENTION: Frank Kessler
Dear Mr . Kessler :
This letter is to inform you that on March 10 , 1987 ,
during the regular meeting of the Albemarle County Board of
Zoning Appeals , your application for VA-87-1 was approved
with the following conditions : ,
1 . That the height of the sign not exceed six
(6) feet above grade
2 . That the area of the sign not exceed thirty
(30) square feet
3 . That a second freestanding business sign
not be erected on the property at this or
any future date
4 . That the sign be located as close as possi-
ble to the parking lot .
This variance approval allows relief from Section 21 . 7 . 1
of the Albemarle County Zoning Ordinance to reduce the setback
4411114 for a freestanding business sign from thirty (30) feet to one
(1) foot .
' If you have any questions , please contact our office .
Sincerely ,
en, v. ate .
Charles W. Burgess
Zoning Administrator
CWB/st