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Home My WebLink AboutVA198700038 Action Letter 1987-08-14 � 11 o� or'A/d per II 1�yry� 8 ®=R7 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 11, 1988 Colonnade Associates Limited Partnership 2114 Angus Road, Suite 212 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-52 , Tax Map 60, Parcel 40C1 Dear Sirs: This letter is to inform you that on August 9, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board granted your variance request for VA-88-52, subject to the conditions that the height and setback variances previously granted be abandoned except for the parking setback variance, and that Colonnade Associates will allow Mr. Boyajian to have an easement so as to utilize the entrance as his primary access. This variance approval allows relief from Section 30.5. 6.2 . 1 of the Albemarle County Zoning Ordinance to reduce the setback of a structure in the Scenic Areas-Highway Overlay District fr6m one hundred fifty (150) feet to seventy-five (75) feet. If you have any questions, please contact our office. Sincerely, elAtvgeGv . --.. 4 --e . Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-52 Planning Department Wyant Associates VA-87-38 & 83 Ira owe s; COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 14 , 1987 Thomas R. Wyant , Jr . c/o Wyant Associates P. 0 . Box 5701 Charlottesville , VA 22905 Re : Board of Zoning Appeals Action Tax Map 60 , Parcel 40C1 Dear Mr . Wyant : This letter is to inform you that on August 11 , 1987 , the Board of Zoning Appeals approved your variance application, VA-87-38 subject to the following conditions : 1) Reasonable screening to be provided on the site parallel with Route 250 west . 2) Screening be provided in the 5 foot buffer from the residential zoned property . This variance approval allows relief from sections 21 . 7 . 2 and 30 . 5 . 6 . 2 . 2 of the Albemarle County Zoning Ordinance to re- duce the setback for parking area from fifty (50) feet to ten (10) feet from the road right-of-way, and to allow parking five (5) feet from the residential district , a reduction of fifteen (15) feet . If you have any questions , please contact our office . Sincerely, ?I 'iv. ,c3 i Charles W. Burgess , Jr . Zoning Administrator CWB, jr/st cc : Planning Department VA-87-38 Colonnade Associates Ltd . Ptr . STAFF REPORT - VA-87-38 APPLICANT: Colonnade Associates Limited Partnership TAX MAP/PARCEL: 60/40C1 ACREAGE: 2.34 ZONING: HC (Highway Commercial) LOCATION: Southwest corner of the intersection of Route 250 West and Colonnade Drive The applicant seeks a variance from Sections 30 .5.6.2 .1 and 30 .5.6 .2.2 of the Albemarle County Zoning Ordinance. These sections state: No buildings 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 . No off-street parking or loading shall be allowed closer than fifty (50) feet to the right-of-way line of a SA - highway which is part of off-street parking facilities required or designed to accom- modate more than two (2) motor vehicles. 30.5.2.2 SA - Highways SA - highway overlay districts are hereby established along the following corridors in Albemarle County for a distance of one hundred fifty (150) feet of each side of the right-of-way: a) U. S. Route 250 from the western corporate limits of the City of Charlottesville to the western Albemarle County border. The applicant proposes to construct a five (5) story office building within seventy five (75) feet of the road right-of-way, requiring a seventy five (75) foot variance. Setback for parking is to be located ten (10) feet from the road right-of-way, requiring a variance of forty (40) feet . The Planning Commission may reduce the building setback to seventy five (75) feet providing all parking facilities shall be located to the rear of the structure or building(s) . Setback exception is not being exercised by the applicant because area within the seventy five (75) foot setback is needed to provide parking to meet the ordinance requirements for the proposed office building. Page 2 Staff Report - VA-87-38 Colonnade Associates Limited Partnership INFORMATION The County Comprehensive Plan, Chapter 13 - Transportation Plan includes committed projects and additional ones that are recommended to be developed in Phases I thru IV. Recommendations under Phase II Category is Ivy Road (Route 250 Business) between Emmet Street and Route 29/250 By Pass - widen to four (4) lanes with flush median. RECOMMENDATION The applicant ' s request should be denied for cause: 1 ) 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 same requirements are shared uniformly by all properties. 2) The applicant has not provided sufficient evidence to show that a strict application of the Zoning Ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. 3) The applicant has not provided evidence that the authorization of the variance will not be of sub- stantial detriment to the adjacent properties or that the character of the district will not be altered. STAFF REPORT - VA-87-38 APPLICANT: Colonnade Associates Limited Partnership TAX MAP/PARCEL: 60/40C1 ACREAGE : 2 . 34 ZONING: HC (Highway Commercial) LOCATION: Southwest corner of the intersection of Rt . 250 west and Colonnade Drive The applicant seeks a variance from Sections 30 . 5 . 6 . 2 . 2 and 21 . 7 . 2 of the Albemarle County Zoning Ordinance . These sections state : "30 . 5 . 6 . 2 . 2 No off-street parking or loading shall be allowed closer than fifty (50) feet to the right-of-way line of a SA- highway which is all or part of off-street parking facilities required or designed to accommodate more than two (2) motor vehicles . 21 . 7 . 2 Adjacent to residential and rural areas districts : . . . . No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district . " The applicant proposes to erect an office building on the site located on Route 250 west . A reduction of the parking setback is asked for to accommodate the required parking on the site . At the July Board of Zoning Appeals meeting the applicant was requesting a structure setback variance but it has been eliminated due to a change in the location of the office building. The appli- cant has put more emphasis on locating the building at the required 150 foot setback and thus is requesting a parking setback from the highway and residential district . The adjoining residential property is zoned R-15 and houses University Heights apartment com- plex. INFORMATION The County Comprehensive Plan , Chapter 13 - Transportation Plan includes committed projects and additional ones that are recommended to be developed in Phases I thru IV. Recommendations under Phase II Category is Ivy Road (Route 250 Business) between Emmett Street and 29/250 By Pass - widen to four (4) lanes with flush median . Page 2 Staff Report - VA-87-38 Colonnade Associates Limited Partnership RECOMMENDATION The applicant has shown by the new drawing that a strict application does produce a hardship for development of the property. The staff finds that the authorization of the re- quested variances will not be of any detriment to the adjacent properties . Adjacent property owners are supportive of the applicant ' s request . The staff cannot make a full recommendation of support, but respectfully submits the following conditions should the Board wish to honor the applicant ' s request . 1 . Substantial screening be provided on the site parallel with Route 250 west . 2 . Screening be provided in the 5 foot buffer from the residential zoned property.