Loading...
HomeMy WebLinkAboutVA198700023 Action Letter 1987-05-14 .fit OF ALES, M 2 Y ata11 • �y�AGltl�r DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOTTESVILLE. VA. 22901.4596 • (804) 296-5875 May 14, 1987 Mr. Bruce Browne 2244 Ivy Road Charlottesville, Va. 22901 Re: Board of Zoning Appeals Action VA-87-23 , Tax Map 60, Parcel 39 Dear Mr. Browne: • This letter is to inform you that on May 12 , 1987, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-87-23 was approved with . the condition that the plans and specifications be submitted to the Zoning Administrator for review and approval . This variance approval allows relief from Section 30. 5.6.2. 1 of the Albemarle County Zoning Ordinance to reduce the setback in the SA-Highways Overlay District from the required one-hundred fifty (150) feet to eighty-one (81) feet , to allow construction of an addition. If you have any questions, please 'contact our office. Sincerely, citadel W Charles W. Burgess Zoning Administrator CWB/mlm cc: VA-87-23 Inspections Dept . STAFF REPORT - VA-87-23 APPLICANT: Bruce Browne TAX MAP/PARCEL: 60/39 ACREAGE: 1.050 ZONING: H-C (Highway Commercial ) LOCATION: South side of Rt 250 W, 150 yards west of intersection with Colonade Drive The applicant requests a variance from Section 30.5.6.2 .1 of the Albemarle County Zoning Ordinance - Scenic Areas Overlay District . Section 30.5.6.2.1 states: No building or structures other than necessary accessory appurtenant fences and/or walls, except as hereafter provided in the case of certain signs, shall be constructed within any SA-Highways overlay district . The applicant seeks avariance to reduce the required front setback on the Scenic Highway from 150 feet to allow the construction of an exterior bar structure to be located 81 feet from the road right-of-way, a variance of 69 feet . The proposed bar fixture will be of permanent construction located on an existing patio area that accommodates facilities for open-air dinning. A primary reason for the applicant seeking the variance is to provide for better service to customers via the convenience for the staff members not having to re-enter the building to fill a beverage order. Though the structure will be permanent , the use of which will only be seasonable or whenever the weather is suitable. The following variances have been granted by the Board of Zoning Appeals on the property now under review for this application: VA-82-16 - May 11 , 1982 to allow a trellis to be located 105 feet from the road right-of-way. VA-82-69 - December 14, 1982 to allow the construction of a trellis to be located 92 feet from the highway right-of-way. The staff cannot make a favorable recommendation based on the criteria for approving a variance. STAFF RECOMMENDATION 1) The applicant has not demonstrated that the hardship is unique to his property in contradistinction to other properties in the same zoning district and general vicinity. All properties located within the SA-Highway Overlay District share the same uniform requirement . Page 2 STAFF REPORT - VA-87-23 Bruce Browne 2) The applicant has not provided evidence to show that a strict application of the Zoning Ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special priviledge or convenience. 3) Evidence has not been presented 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. NOTE: As per phone call to Michael R. Mayo, representative of the Virginia Alcoholic Beverage Control Department , Thacher ' s has received permission to establish a "satellite" bar on the lower patio area. ABCD' s approval is subject to any local approvals required. Should the Board of Zoning Appeals find cause to approve the applicant ' s request , the following condition of approval should be considered. That the design, construction, and materials used in the construction of the fixture be of such character to blend in harmoniously with the environmental setting of the Scenic Overlay District . Natural materials and/or colors should be used in the construction and finish look of the fixture. As a suggestion, the staff recommends to the Board that they approve it subject to plans and specifications as are done for signs.