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HomeMy WebLinkAboutVA198700053 Application 1987-08-11 AL V - _ Y7, 5-3 �� �� B�r1� FILE NUMBER APPL :;,,c-, NICATION FOR: ,� c�� y 1 (check one) ( . I�1111111 ,. " a3 VARIANCE U ' `Ir lit :MOW t] DATE SUBMI ED SPECIAL USE PERMIT : r 5b .0 U REZONING � �EE PAID (see reverse) _. ZONING TEXT AMENDMENT kIfGI � ' q\ a3` -A MOBILE HOME DATE OF PRELIM CONF. El HOME OCCUPATION E7N/Cc,y\_� ._. ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. OWNER (as currently listed in Real Estate) Name // i—j1'',v /4-4w"-" ( 4 te4t)/ecr Phone ( ) - Address /30/I6 7 Lr.4 2-ig-a" (1/ taC7671.Au':yq u"`z APPLICANT ffif different from owner • Name l i"j ,J Cv-L(J L Phone _`i )b - Y 3 ud ooy Address a)= l G `Z-( C -t-Eri U4 22 3 2 . CONTACT PERSQN (if different from above) Name .14 '1-L-- Phone ( ) - Address LOCATION: v-7x'It°Q b-- liclv`i�' 2! ° 1 21/ o M t LLr 1-") St OF RT; 6"7 8 TAX MAP/PARCEL NUMBERS (use reverse if needed) V k 1. SSA ( - go - P - 3. - - - EXISTING ZONING lZ`-12 (." PROFFERED? Yes _ No _ Acreage if different DESIRED ZONING ----- PROFFERED? Yes _ No _ Acreage if different EXISTING USE __- PROPOSED USE ,-c.c �-&-.`, ( ' c/L— N,P4 c^' 7,C, 't'' ;- ORDINANCE SECTION(S): DESCRIPTION OF REQUEST()\f /CCf Qe0vU- 4AC J ' kc.4cc,...F'ty f--5,1 (1-, l5 ar—.-- `fb Lc�c,F-( ,rH--�, ,...4¢vc -oc 5;.:� C=;�) „JAI-a) Lcc, R'2r 4- T -1 E CAr G -._17,4,-Qt_EvG _SC .v .i L.') (11-4."n) i-c✓�(s) f=2 --oF i-2'A-6 (LCC6 oec- ear r . JUSTIFICATION FOR REQUEST: 16=R-- Ci-t.Q° • The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of the Albemarle County Zoning Ordinance applicable to...thi'/s,�i,.application. 0WZZ /�c �j - '{ • Signed .Dl� Date ', 198 (Owner, Contract Purchaser, Agent) I FP_P @ ' VA-87-53 . Charles W. Hurt (owner) , property known as tax map + 3 miles 58A1 , parcel 40D, located on the south side of Rt . 250 ,applicant west of its intersection with Rt . 738 , zoned RA. The aPe seeks a variance from Section 30 . 5 . 6 . 2 . 1 of the Albemarle County Zoning; Ordinance to reduce the setback in the Scenic Highway Over- lay District from one hundred fifty (150) fclinitoc one and to hundred100) i feet to allow construction of a veterinary the setback for a free-standing business sign from one hundred fifty (150) feet to five (5) feet . , -, .A,1 C7. '''',/37 ./- ‘,,Og 41 '/' 4///sirir/3'1 /;"' 0 t 6 a I�-1 -�\-Ca vc)r r\ .,_ < \'Lk-k..Jt ( fc �. 1 'k _ Y STAFF REPORT - VA-87-53 APPLICANT: Charles Hurt TAX MAP/PARCEL: 58A1/40D ACREAGE : 2 . 19 ZONING: Rural Areas LOCATION: South side of Rt . 250 , 2/10 mile west of Route 678 The applicant is requesting relief from Sections 30 . 5 . 6 . 2 . 1 of the Albemarle County Zoning Ordinance . Section 30 . 5 . 6 . 2 . 1 states : " . . . No buildings or structures other than necessary accessory appurtenant fences and/or walls , except as here- after provided in the case of certain signs , shall be con- structed within any SA-Highways Overlay District . " The applicant is proposing to relocate the Crozet Veteri- nary Clinic to a site on Route 250 west , and in doing so is requesting a variance from the SA-Highway District . Dr . Schulman has positioned the proposed building site 100 feet from the road right-of-way, requiring a 50 foot variance . Parking will be pro- vided adjacent to the rustic residential style building. To clarify what the staff thinks was a misunderstanding about the comments of the previous applied for variance , the following drawing is included : 50'scElc NIOW 5ETBRc14 35'RE,tcR sET13Pt i< [3UJLD►N6 r ! fR F'ROPERry LINE ( 1 SLATE ROLLTE 250 WEsr • 1 I REA PRoPfXry UKff I 1 I I srRERyvt II i I I ! I it i� 233'PRoPERTy DEtf'N (/vG.DEPTH Page 2 Staff Report - VA-87-53 Charles Hurt If the applicant were to locate the proposed structure 150 feet from the front property line , and also maintain a minimum 35 foot rear setback , then some land filling activity would be required to provide both an adequate and protected grade eleva- tion from the stream that is located on and parallel with the property line . To maintain the natural characteristics of the property the building would have to be located further away from the stream or rear property line . For the applicant to sustain the natural characteristics of the property and locate the proposed building some practical difficulties would show cause for a variance . The applicant is alsor-equetingia variance for a free-stand- ing business sign to be lcoated one (1) foot from the road right- of-way. The staff finds that there would be a hardship to locate a free-standing sign at the required setback . The applicant does have an alternative to mount either a wall or projecting sign on the building . RECOMMENDATION The staff asks the Board to consider the variance approval only conditional upon the following: 1 . That total disturbed area on the site (property) not exceed the total area as shown on the drawing submitted . 2 . That a site plan be presented to the Albemarle County Planning Commission representative of the drawing pre- viously mentioned for their review and approval . The sign variance be denied for cause : 1 . 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 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. 3 . The applicant has not shown 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 . °irr OF A7.8,s, IRGtN��' COUNTY OF ALBEMARLE Department of Engineering 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5861 MEMORANDUM TO: Andrew D. Evans, Deputy Zoning Administrator FROM: Pamela M. Shifflett , Administrative Assistant-SDa RE: Board of Zoning Appeals - VA-87-53 Tax Map 58A1 , Parcel 40D DATE: August 10, 1987 As you are aware, the above referenced parcel is located in a runoff control area and , therefore, is subject to the provisions of the Runoff Control Ordinance. Per your request , this memorandum is written to verify that it shall be unlawful to construct any sewage disposal system on said parcel within one hundred horizontal feet of the edge of any tributary stream (reference Section 19. 1-6(2)b of the Runoff Control Ordinance) . If you should need additional information, please do not hesitate to contact our office. PS/ xc : Dr . Martin Schulman "t AUG 101987 ALBEMARLE '..l.-JY. ZONING DEPARTMENT (t$Cts,j, ir I RI I RT ROUTE t BOX 20 C z 71�� M SCHULMAN V M D CROZET VA 22932 �1.17C� TELEPHONE(804)823-4300 July 23 , 1907 Director Department of Zoning Albemarle County 401 McIntire Charlottesville, Virginia 22901 Dear Mr . Burgess : I am applying to the Board of Zoning Appeals for a second hearing regarding our request for a setback variance for TM 50 A( 1 ) parcel 40D, to allow relocation of the Crozet Veterinary Clinic . There are five considerations that distinguish this second request : 1 We are requesting a smaller variance for the building setback from 150 ft to 100 ft from the highway right of way (our original request was for a 75 ft setback) . This would put our proposed clinic building 140 ft from the scenic highway frontage . We request this variance as a hardship, due to the limited depth of the parcel : Parcel depth (after highway right of way) 233 ft Scenic highway setback 150 ft Required setback from rear boundary 35 ft County recommended setback from creek 100 ft A variance is necessary for any type of building or dwelling of 50 to 60 ft in length considering the above dimensions . By reducing the required setback 50 ft we can achieve our goal of maximizing building distance from the creek, meeting the county ' s recommendation . 2 To provide evidence that this parcel 's topography was mistakenly characterized as unbuildable, and that unlike the adjacent parcels to the west and east , it has a gentle contour that would not require an unusual degree of site preparation . At the time of the first hearing , when the board members closed the public discussion and reversed the zoning staff ' s recomendation , the major point discussed as a basis for denial was that "this parcel 's rough terrain was unbuildable" , and "one couldn ' t develop any of this land north of the creek without going south of the creek and on the side of the hill " . This is true for the parcel east of the proposed site, but not the case for this parcel . It is unique compared to other land along this section . 3 The wording of the Zoning staffs ' recommendation for approval could be seen as confusing . With Mr . Evans ' review and discussion , the staff recommendation for approval would not alter the character of the scenic highway concept (original proof read "should" not) and as well one could get the mistaken impression that extensive land filling activity is necessary at this site; it is not . 4 Regarding the opinion that this parcel begins the rural setting west of Ivy and that development of this parcel would be a disruption to that setting , I would like to provide evidence that approximately. 300 ft of the 400 ft of frontage this parcel has along Route 250 will be widened for a turning lane as Route 678 is being rerouted several hundred yards west of its present site by county engineering and the State Highway Department . Therefore this parcel will be virtually at the intersection of Route 678 , not along a stretch of clear highway. It is the finding of Mr . Armm, County Engineer , that an improvement in site distance and safety would occur for traffic at Route 67B , by our proposed grading along the highway right of way at the proposed entrance site . 5 The Southeastern corner of this parcel , the entire Southern border and parts of the Eastern border are already in that rural zoning depicted by the county master plan as ' Ivy village zoning ' ; the area already designated for any growth or development in the Ivy area . The Board 's concerns regarding site suitability, the scenic highway concept , and the rural nature of the area are certainly concerns that we share, and with them in mind , we feel our proposal has very good merit . wr w� 3 It is our plan to build a clinic that certainly is residential in its appearance rather than commercial , similar to the example set by the 1740 House several miles east along the scenic highway. We will be using natural materials of aesthetic design , and will meet or exceed all requirements regarding soundproofing of the 3 , 000 sq ft hospital . With landscaping for flowers and flowering bushes at the entrance and near the building we plan to shield the view of the building itself from the roadway to recreate the rural setting that distinguishes our present veterinary clinic , and that our clientele now enjoys and takes pride in . This would be a definite improvement to the scenic nature of the highway, as most of that wooded area is overgrown with vines and weeds . With minimal clearing , and a maximal effect of professional landscaping we certainly would enchance the beauty of that aspect of the parcel viewed from the scenic roadway . SIGN VARIANCE PROPOSAL We are also requesting a variance for a two face freestanding business sign to be located five feet from road right of way . (Please refer to attached sketch) Our proposal is first , to have only this small freestanding sign and flowered landscaping visible from the roadway, and second , that our veterinary hospital and parking areas be shielded by the wooded parcel and landscaping . This variance would allow us to minimize any clearing of wooded areas . 4 This would be the only sign on the property, of 18 sq ft with no internal illumination . It will be made of natural materials , surrounded by a stone base, with tastefully painted wooden sign faces using a beige background and green lettering . For safety, this variance would maximize stopping distance for our clientele to recognize our entrance . This request is in keeping with, and exceeds distance to roadway compared to those signs closest to this parcel , at the Ivy Motel and Duner 's Restaurant about 200 yards away. Our size of sign and setback distance is equivalent to or more favorable than those associated with existing veterinary hospital signs on Georgetown road and Hydraulic road . If I can be of any assistance in clarifying our proposal , or answer any questions I can be reached at 823 4300 . Sincerely, / , . 7- / Martin Schulman VMD cyc :MS --CIGt}'T OF 5/6 J 4Kr--- �i4 N \ c__, /N. 17-760wci c ---- -1,t, Z v, .uz, c z, j\c- Th< 6,ri- • r65( C- IgeOgRif) ki\ _ JL,_/40111110NinoD CV-j,\\ X —1 Dr._&, K -A. 0.4.QcmCg f\ F. L---JU ( C-H- ---- -.) 1 --�J ,.____, .1. . 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(A) LOTS I THROUGH 6 ART at•.SI HENCE LCT^, NO SHOP, STORE, TRAIT FR, TRAs'.ER PARK, TEMPORARY LIVING STRI:CTuRK.C , FACTORY, HOSPITAL, •1SYL.1.', 'F!STIT!IT I"N, TOU- ST HOME OP BUSINESS HOUSE OF ANY KIND, A'"ti, ND .APARTMENT HOUSE NOR DUPLEX SHALL BE ERECTED OR MAINTAINED ON THE AFORESAID LOTS AND SAID LOTS SHALL BE USED SOLELY FCR SINGLE FAMILY , OR TWO FAMILY RESIDENCES WITH USuAIL. ACCESSORY BUILDINGS FOR C(,uNTRY RESIDENCE. 4. (@) LOTS 'F THROUGH 14 MAY BE USED FOR BUSINESS 9L'F NO TRAILER, TRAILER PARK , FACTORY, ,-` OR AUTO JUNK OR GRAVE YARDS SHALL BE ERECTED OR MAINTAINED ON THE AFORESAID LOTS. 2, THERE IS RESERVED FOR THE MUTUAL BENEFIT OF ALL PROPERTY OWNERS IN 'WINDY MOOR" A t PERMANENT EASEMENT ALONG THE REAR AND BOTH SIDES OF LAND PARCEL`. WITS-,I- :TN FEET ( IU' ) OF SUCH BOUNDARIES OF SAID PARCELS FOR THE CARRYINC OF ALL UTILITIES, INCLUDING SEWAGE, AND F^R THE NECESSARY MAINTENANCE OF SUCH FACILITIES. , 3. ANY BUILDING WHICh MAY BE ERECTED ON ANY PARCEL OR FURTHER SUBDIVISION OF ANY PARCEL e. , SHALL BE SO PLACED THAT NO PORTION THER,.Gr, EXCEPT PORCHES OR VERANDAS, SHALL BE NEARER ' TO THE CENTER LINE OF ANY ROAD OR ROADS UPON WHICH THE LOT HAS FRONTAGE THAN FIFTY FEET 50'( ). NO 3UILDING OR ANY PART THEREOF, INCtUOING PORCHES ANC VERANDAS, SHALL BE NEARER TO ANY ADJOINING PROPERTY LINE THAN: TEN FEET ( 1 0' , 4. (A) EACH LOT UPON WHICH A RESIDENCE IS HEREAFTER EREOTLD MUST CONTAIN AT LEAST 20,000 } SQUARE. FEET. ' (e-I ) NO SINGLE STORY DWELLING HEREAFTER ERECTED Ot. ANY LOT SHALL. CONTAI ", IN THE MAIN 'SFLCTURE LESS THAN ' MOO) SQUARE FEET OF GROUND FLOOR AREA, EXCLUSIVE OF HIREEZEwAY, 1 OPEN PERCHES, BASEMENT, CARPORT AND GARAGE. (e-2) NO ONE ANC ONE-HALF 1I ) SroPv DWELLING HEREAFTER ERECTED ON ANY LOT SHALL CON_ TAIN IN ITS MAIN STRUCTijRE LESS T-;AN 8CC SQUARE FCC, OF GROUND FLOOR AREA EXCLUSIVE OF ?4 BREEZEWAY, OPEN PORCHES, CARF'CRT AND GARAGE. NOR LESS THAN 4U.J SQUARE FEET OF USABLE FLOOR AREA ON ITS SECOND FLOOR. (8-3•) NO TWO (2) STORY DWELLING HEREAFTER ERECTED ON ANY LOT SHALL C^NeTAIN IN ITS RAIN STRLC T,IR" LESS 'THAN 700 SQUARE FEET ^ G r ;�k„. FLOOR AREA EXCLUSIVE CF 9REE ZEWAY , OPEN PORCHES ,S , 9A SF.N' NT, CARPORT, AND 1ARAGE, NOR LESS THAN AN AGGREGATE C" FEET CF ',°APt r: L I ; 'NG AREA ON ITS FIRST AND SUC('N;f, F LC:^•RS. tr" P4 4,T OF L >/r T a ., I� Wbvoy MO©R" svQ ;V3Ta /f i t .dErWFlr.t/v...S Na/v.2Se lc ST.Cr. 7Jd t.4.2 /✓,,A<Q.fa ✓A. IC S 4Fo AG i � � 7 ,Sc.9<C OATS: 1 s'� - yi' p - .. -- . - I,