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HomeMy WebLinkAboutVA198700012 Action Letter 1987-03-11 STAFF REPORT - VA-87-12 OWNER: William C . Bascom, Inc . APPLICANT: Tiger Fuel Company TAX MAP/PARCEL: 61/13A ACREAGE : . 678 acres ZONE: R-10 , Residential LOCATION: East side of Rt . 743 , + . 1 miles south of its intersection with Rt . 631 The applicant seeks a variance from Section 4 . 15 . 3 . 5 and 6 .4 . 1 of the Albemarle County Zoning Ordinance . Section 4 . 15 . 3 . 5 pertains to permitted signs in a R-10 District . Section 6 .4 . 1 states : "6 . 0 Nonconformities 6 .4 Expansion or enlargement 6 .4 . 1 The use of any building or structure shall conform to the provisions of this ordinance relating to the district in which the same is situated whenever such building or structure is enlarged , extended , reconstructed , or structurally altered . " The applicant proposes to construct a food store on the property. The dispensing of gasoline will also be conducted on the property. At present a small building and three dispensing pumps exist on the property. The property is presently used for wholesale/retail sales of petroleum products . Ideally the applicant would prefer to raze the existing structure and construct a new structure , install new gasoline pumps , and a canopy to cover the dispensing area . In addition the applicant desires to erect a twenty (20) square foot free-standing business sign . A free-standing business sign is not permitted in a R-10 District . The staff is of the opinion that the applicant is attempting to expand a non-conforming use and believes the request should be directed to the Board of Supervisors as a request for rezoning. RECOMMENDATION The applicant ' s request should be denied as the Board of Zoning Appeals does not have the legal perogative to grant a variance for an expansion of a non-conforming use . �Y dF ALBEM %, pF ALg ��xc►r� DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901-4596 (804) 296-5875 March 11 , 1987 William C . Bascom, Inc . c/o Tiger Fuel Company P .O . Box 1566 Charlottesville , VA 22902 Re : Board of Zoning Appeals Action VA-87-12 , Tax Map 61 , Parcel 13A Dear Sirs : • 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-87-12 was denied . Anyone aggrieved by a decision of the board can appeal the decision to the Circuit Court of Albemarle County with- in thirty days of the decision . If you have any questions , please contact our office . Sincerely , elzaidaW. Bia edd Charles W. Burgess Zoning Administrator CWB/st cc : VA-87-12 Mr . David G . Sutton