HomeMy WebLinkAboutVA198700016 Action Letter 1987-04-16 I
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 16 , 1987
Boar' s Head Inn , Inc .
c/o Charles P. Ancona
#2 Boar ' s Head Lane
Charlottesville , VA 22905
Re : Board of Zoning Appeals Action
VA-87-16 , Tax Map 60 , Parcel 49A
Dear Mr . Ancona :
This letter is to inform you that on April 14 , 1987 ,
during the regular meeting of the Albemarle County Board
of Zoning Appeals , your application for VA-87-16 was denied .
Anyone aggrieved by a decision of the Board can appeal
the decision to the Circuit Court of Albemarle County with-
in thirty (30) days of the decision .
If you have any questions , please contact our office .
Sincerely,
Charles W. Burgess , Jr .
Zoning Administrator
CWB , jr/st
cc : VA-87-16
STAFF REPORT: VA-87-16
OWNER: Boar 's Head Inn , Inc.
TAX MAP PARCEL: 60/49A
ZONE: RA (Rural Areas)
LOCATION: North side of Route 250 at its intersection with
Route 601
The applicant seeks a variance from Sections 4.15.3. 1, 30.5.7.1
and 30.5. 7. 2 of the Albemarle County Zoning Ordinance. These sections
state:
"4.15.3 .1 Rural Areas (RA)
Location Signs: Provided:
(e) provided further that no such sign shall be closer to
another such sign than one thousand five hundred (1500)
feet on the same side of a right-of-way.
30.5.7 Sign Regulation: , SA-Highways
30.5. 7.1 General Regulations
Notwithstanding provisions of Section 30.5.6.2.1, the
following types of signs, as further limited in Section
30. 5.7.2 , shall be permitted within fifty (50) feet of
the right-of-way of the scenic highway, but not within
the required front yard as regulated for the underlying
district:
Location sign . . . .
30.5. 7.2 Regulation of Number , Height , Area, Types of
Signs
(e) Locational signs shall be limited to ten (10) feet in
height above grade , six (6) square feet per single sign
face , and two (2) signs per establishment . "
The applicantiroposes to erect a location sign and seeks a variance
to reduce spacing requirement between such signs from 1500 feet to 1
foot , to reduce the setback from 75 feet to 1 foot and to increase the
allowable square footage from 6 square feet to 270 square feet . A
non-comforming location sign existed on the property until January , 1987.
The applicant razed the sign structure at that time with the intent of
constructing the now proposed sign. The applicant was informed by the
Deputy Zoning Administrator that the sign could not be totally reconstruct-
ed and comply with the provisions of the Zoning Ordinance. This decision
prompted the applicant to enter an appeal with the Board of Zoning
Appeals relative to the legality -of reconstructing the sign . The
Board of Zoning Appeals upheld the Zoning Department position at an
appeal hearing on February 17, 1987.
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STAFF REPORT: VA-87-16
OWNER: Boar' s Head Inn, Inc.
TAX MAP PARCEL: 60/49A
ZONE: RA (Rural Area)
LOCATION: North side of Route 250 at its intersection with
Route 601
PAGE TWO
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 located
in the Scenic Highway Overlay District .
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.