HomeMy WebLinkAboutVA198700074 Action Letter 1987-12-10 ' i t1 v�
Y �IRGtNtP
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 10, 1987
K. M. R. Partnership
c/o Frank Kessler
P. O. Box 8186
Charlottesville, VA 22906
Re: Board of Zoning Appeals Action
VA-87-74, Tax Map 61W, Parcel 03-21A
Dear Mr. Kessler:
This letter is to inform you that on December 8 , 1987 , during
the regular meeting of the Albemarle County Board of Zoning
Appeals meeting, your application for VA-87-74 was approved
subject to the following conditions:
1) that the individual wall signs measure a maximum of two
(2) feet by eight (8) feet each,
2) that the background and letter color be identical for all
wall signs,
3) that the wall signs be lighted by an external light source,
4) that the wall signs be located above the entrance (doorway)
to the individual business establishment,
5) and that the applicant be limited to one (1) wall sign per
tenant, with the maximum being twenty (20) wall signs.
This variance approval allows relief from Section 4 . 15. 3 . 6 of
the Albemarle County Zoning Ordinance to increase the aggregate
area of business wall signs allowed from the maximum of one-
hundred (100) square feet to three hundred fifty (350) square
feet.
If you have any questions, please contact our office.
Sincerely,
& ;9610,..,/
Charles W. Burgess, Jr. IL:;13
Zoning Administrator
CWB,jr/st
STAFF REPORT - VA-87-74
OWNER: KMR Partnership
TAX MAP/PARCEL: 61W/03-21A
ZONING: C-1 (Commercial)
LOCATION: Intersection of Hydraulic Road and Commonwealth
Drive
The applicant seeks a variance from Section 4 . 15. 3 . 6 of the Albe-
marle County Zoning Ordinance. This section, pertaining to
signs, states:
"4 . 15. 3 Permitted Signs
4 . 15. 3 . 6 Commercial (C-1) and Commercial Office (CO)
Business signs, wall: Provided: . . . . (b) the aggregate
area of all such signs shall not exceed one hundred (100) square
feet . . . . "
The applicant is in the process of constructing a commercial
building and anticipates a maximum of twenty (20) tenants will
occupy the structure. The applicant desires to erect a thirty
(30) square foot business wall sign to identify the development
(Village Green) . The applicant then has a total of seventy (70)
square feet of business wall sign to utilize for the identifica-
tion of the twenty (20) tenants. The applicant proposes to
provide a standard business wall sign for each tenant. The busi-
ness wall sign would be situated above the entrance way to the
individual business. The applicant seeks a variance to increase
the aggregate area of business wall signs allowed from the
maximum area of one hundred (100) square feet to three hundred
fifty (350) square feet. The applicant states that the proposed
wall signs would measure two (2) feet by eight (8) feet each, have
identical background and lettering color and would be lighted by
an external light source.
The staff is of the opinion that proper identification of the
of the commercial uses is warranted and it appears that the
applicant's proposal is practical. Unfortunately, the staff
must recommend that the request be denied as there is no
mechanism enabling a favorable recommendation to be made while
remaining within the constraints of the Zoning Ordinance.
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 approaching con-
fiscation as distinguished from a special privilege or
convenience.
Staff Report - VA-87-74
KMR Partnership
Page 2
2) The applicant has not demonstrated that the perceived hard-
ship 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 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 be altered. The granting of the
applicant's request will undermine the intent of the Zoning
Ordinance in regards to business sign requirements.
In the event the Board of Zoning Appeals should find cause to
grant the applicant's request, the following conditions should be
considered:
1) that the individual wall signs measure a maximum of two (2)
feet by eight (8) feet each,
2) that the background and letter color be identical for all
wall signs,
3) that the wall signs be lighted by an external light source,
4) that the wall signs be located above the entrance (doorway)
to the individual business establishment,
5) and that the applicant be limited to one (1) wall sign per
tenant, with the maximum being twenty (20) wall signs