HomeMy WebLinkAboutVA198700041 Action Letter 1987-07-15 oFA1
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 15, 1987
Mr. Gregory N. Hiemenz
P. 0. Box 7805
Charlottesville, Va. 22906
Re: Variance Application - VA-87-41
Tax Map 45, Parcel 93B
Dear Mr. Hiemenz:
This letter is to inform you that on July 14 , 1987, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-87-41 was approved with the
stipulation of this being only freestanding -sign on the property.
This variance approval allows relief from Section 21 . 7 . 1
of the Albemarle County Zoning Ordinance to reduce the setback
for a freestanding sign from thirty (30) feet to eighteen (18)
feet .
If you have any questions, please contact our office.
Sincerely ,
el. W. B
Charles W. Burgess
Zoning Administrator
CWB/mlm
P f
STAFF REPORT - VA-87-41
OWNER: Heart Land Trust
TAX MAP/PARCEL: 45/93B
ACREAGE: 1 .0
ZONING: HC (Highway Commercial )
LOCATION: East side of Route 29, + . 1 mile north of its
intersection with Woodbrook Drive
The applicant seeks a variance from Section 21 .7.1 of the
Albemarle County Zoning Ordinance . This section states:
"21 . 7. 1 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 erect a free-standing business
sign and seeks a reduction of the setback from the minimum require-
ment of thirty (30) feet to eighteen (18) feet . The proposed in-
ternally illuminated sign will measure fourteen (14) feet in height
and contain fifty-six (56) square feet of sign area. The applicant
has stated that this will be the only free-standing business sign
on the property. The commercial building is at present still under
construction but will contain four (4) separate retail spaces when
completed.
The applicant is unable to locate the sign in one of the designated
parking spaces in that all parking spaces shown on the site development
plan are needed to meet minimum off-street parking space requirements.
The applicant has moved the sign as far back from the Route 29 right-
of-way as possible without losing all visibility to passing motorists.
Even at the proposed location , the applicant ' s visibility to south
bound traffic will be severely limited by the vegetation on the
adjacent property to the north.
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.
Page 2
Staff Report - VA-87-41
Heart Land Trust
2) The applicant has not demonstrated that his perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district . The
requirement the applicant seeks relief from is shared
by all properties zoned commercial .
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 not be altered.