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Home My WebLink AboutVA198700083 Action Letter 1988-01-13 a . �rRG1N1P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 13 , 1988 Thomas R. Wyant, Jr. Wyant Associates P. O. Box 5701 Charlottesville, VA 22905 Re: Board of Zoning Appeals Action VA-87-83 , Tax Map 60, Parcel 40C1 Dear Mr. Wyant: 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-87-83 was approved. This variance approval allows relief from Sections 21. 7 and 30. 5. 6.2 . 1 of the Albemarle County Zoning Ordinance to reduce the setback from a public street from forty-four (44) feet to thirty-five (35) feet, to reduce the setback from an adjacent Residential District from sixty-four (64) feet to fifty (50) feet, and to reduce the setback in the Scenic Areas-Highway Overlay District from one hundred sixty-four (164) feet to one hundred fifty-five feet to allow construction of an office building. If you have any questions, please contact our office. Sincerely, �� : 64. W. v� Charles W. Burgess, Jr. Zoning Administrator CWB,Jr/st cc: VA-87-85 Planning Department Colonnade Associates Ltd. Ptr. -1131Q OF AI.1�IYY .94 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 575901-4596 August 11, 1988 Colonnade Associates Li iced Partnership 2114 Angus Road, Suite 12 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-52 , Tax Map 60, Parcel 40C1 Dear Sirs: August 9 , 1988 , to inform you that on Aug of duringoping theT hs letterregular is of the Albemarle County Board for Zoning52 , Appeals, th meeting granted your variance request Asubeelt, the Board height and setback variances etbck the conditions that the for the parking previously to BOyajian previously granted abandoned except primary and that Colonnade Associates will ent allownce Mr. B variance, to utilize to have an easement so as access. 30. 5. 6.2 .1 of ce approval allows relief fromreduce the setback of one theT hs Albemarleran Zoning OrdinanceOverlay tietrib f ea County Areas-Highway feet. a structure in (150) feet to seventy-five (75) hundred fifty If you have any questions, please contact our office. Sincerely, el#44 Z.Z) . • Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-52 Planning Department Wyant Associates VA-87-38 & 83 STAFF REPORT - VA-87-83 Owner - Colonnade Associates Limited Partnership Tax Map/Parcel - 60/40C1 Acreage - 2 . 34 Acres Zoning - HC (Highway Commercial) Location - Southwest corner of the intersection of Route 250 and Colonnade Drive The applicant seeks a variance from Sections 21.7 and 30. 5. 6 . 2 . 1 of the Albemarle County Zoning Ordinance. These sections states: "21.7 Minimum Yard Requirements 21.7 . 1 Adjacent to public streets: No portion of any structure except signs advertising sale or rental of the propertytt shall be erected closer than thirty (30) feet to any p licright-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 (50) feet to any residential or rural areas district . . . 30.5. 6.2 SA - Highways 30. 5. 6. 2 . 1 No building or structures other than necessary accesssory appurtenant fences and/or walls, except as hereafter provided in the case of certain signs, shall be constructed within any SA-Highways Overlay District. " The applicant proposes to construct a commercial office buding and has previously appeared before the Board of Zoning Appeal (August 11, 1987 , VA-87-38) requesting a variance for thioreduce project. The previous variance allowed the applicant the parking setback in the SA-Highways District from fifty (50) feet to ten (10) feet and to reduce the parking setback from an adjacent residential district from twenty (20) feet to five (5) feet. In an effort to improve the appearance of the proposed project, the applicant has made some architectural changes. The resul t is that the building height has been increased by seven (7) feel bringing the total height to forty-two (42) feet. All other spatial dimensions of the structure remain unchanged.t inheease the e increased building height requires that the app setbacks as stated in Section 21. 4 of the Zoning Ordinance. "21.4 Structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall 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 therefore required fortynfour from (44)hfeettbock from a public street from Colonnade Associates Limited Partnership Page 2 thirty-five (35) feet, from the setback from an adjacant residential property from sixty-four (64) feet to fifty (50) feet and from the setback in the SA-Highways Overlay District from one hundred sixty-four (164) feet to one hundred fifty-five (155) feet. RECOMMENDATION The applicant 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 confiscation as distinguished from a special privilege or (2) The applicant has not demonstrated that the preceived hardship 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.