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HomeMy WebLinkAboutVA198700075 Action Letter 1988-01-13 9 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 13 , 1988 Seville Associates c/o Walter N. Alford, President Rt. 9, Box 428 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-87-75, Tax Map 78, Parcel 60A Dear Mr. Alford: This letter is to inform you that on January 12 , 1988 , during the regular meeting of the Albemarle County Board of Zoning Appeals, that your application for VA-87-75 was approved. This variance approval allows relief from Sections 4 . 12 . 7 . 2 and 21. 7 of the Albemarle County Zoning Ordinance to reduce the number of loading spaces required for a new commercial structure from eight (8) feet to zero (0) , to reduce the set- back from a public street from seventy-four (74) feet to five (5) feet, to reduce the setback from an adjacent Rural Areas District from ninety-four (94) feet to zero (0) feet and to reduce the buffer area required adjacent to a Rural Areas District from twenty (20) feet to zero (0) feet. Pursuant to Section 35. 0 of the Albemarle County Zoning Ordinance, the actual cost of any notice required under the code shall be taxed to the applicant, to the extent that the same shall exceed the applicable fee set forth in this section. Please see the attached bill for the amount due of $14 . 54 . Failure to pay all applicable fees shall constitute grounds for denial of any application. VA-87-75 -Seville Associates January 13 , 1988 Page 2 If you have any questions, please contact our office. Sincerely, ly, O,4 4, eve Charles W. Burgess, Jr. Zoning Administrator CWB,Jr/st cc: VA-87-78 Inspections Department Planning Department STAFF REPORT - VA-87-75 OWNER: Seville Associates TAX MAP/PARCEL: 78/60A ZONING: RA (Rural Areas) LOCATION: Southeast of the intersection of Interstate 64 and Route 250 East The applicant at present has a rezoning request pending (ZMA-87-16) for the above referenced parcel. The change being sought is from the present zoning of RA (Rural Areas) to HC (Highway Commercial) . This staff report is written under the assumption that the rezoning will be approved. The applicant seeks a variance from Sections 21. 7 . 2 , 21. 7 . 1, 21. 7 . 3 and 4 . 12 . 7. 2 of the Albemarle County Zoning Ordinance. These sections pertaining to setbacks for commercial structures, state: "4 . 12 . 7 . 1 Off street loading space shall be provided in addition to and exclusive of the parking requirement on the basis of: (a) one (1) space for each eight thousand (8, 000) square feet of retail gross leasable area . . . . " "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. . . . " "21. 7 . 2 Adjacent to residential and rural areas districts: No portion of any structure except signs advertising sale or rental of the property shall be located closer than fifty (50) feet to any residential or rural areas district . . . . " "21. 7 . 3 Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district . . . . ' Staff Report - VA-87-75 Seville Associates Page 2 The applicant proposes to construct a commercial structure and seeks a reduction of the required setback and buffer area. The proposed structure will measure approximately fifty-seven (57) feet in height and is thereby required to provide an additional setback from the adjacent rural areas district of forty-four (44) feet. The requirement is stated in Section 21. 4 of the Albemarle County Zoning Ordinance, which states: "21. 4 Height Regulations Structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be setback from any street right-of-way or residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet . . . . " The applicant seeks a variance to reduce the number of loading spaces to be provided from the required eight (8) spaces to zero (0) spaces, to reduce the setback from a public right-of-way from the required seventy-four (74) feet to five (5) feet, to reduce the setback from an adjacent residential district from the required ninety-four (94) feet to zero (0) feet, and to reduce the buffer area required adjacent to a residential district from twenty (20) feet to zero (0) feet. RECOMMENDATION In viewing the applicant's property, the required setbacks severely limit the developability of the property, thereby creating a hardship. It does appear that the applicant should receive favorable consideration to some degree by the Board of Zoning Appeals. The staff believes that the applicant should be required to maintain a buffer area adjacent to the residential property but otherwise recommends that the applicant's requests be approved. STAFF REPORT - VA-87-75 OWNER: Seville Associates TAX MAP/PARCEL: 78/60A ZONING: RA (Rural Areas) LOCATION: Southeast of the intersection of Interstate 64 and Route 250 East The applicant at present has a rezoning request pending (ZMA-87-16) for the above referenced parcel. The change being sought is from the present zoning of RA (Rural Areas) to HC (Highway Commercial) . This staff report is written under the assumption that the rezoning will be approved. The applicant seeks a variance from Sections 21. 7 . 2 and 21. 7 . 3 of the Albemarle County Zoning Ordinance. These sections pertaining to setbacks for commercial structures, state: "21.7 Minimum Yard Requirements 21.7.2 Adjacent to residential and rural areas districts: No portion of any structure except signs advertising sale or rental of the property shall be located closer than fifty (50) feet to any residential or rural areas district . . . . 21. 7. 3 Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district • . . . ' The applicant proposes to construct a commercial structure and seeks a reduction of the required setback and buffer area. The proposed structure will measure approximately fifty-seven (57) feet in height and is thereby required to provide an additional setback from the adjacent rural areas district of forty-four (44) feet. The requirement is stated in Section 21.4 of the Albemarle County Zoning Ordinance, which states: "21.4 Height Regulations Structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be setback from any street right-of-way or residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet . . . . " Staff Report - VA-87-75 Seville Associates Page 2 The applicant seeks a variance from the required setback of ninety-four (94) feet to zero (0) feet and to reduce the measurement of the required buffer zone from twenty (20) feet to zero (0) feet. RECOMMENDATION The application should be denied for cause: 1) The applicant has not provided evidence that a strict application of the 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 demonstrated 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. In the event the Board of Zoning Appeals should find cause to approve the applicant's request, such approval should be made conditional on the approval of ZMA-87-16.