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HomeMy WebLinkAboutVA198800001 Correspondence 1988-03-18 Ill' l ^n COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 18, 1988 Albemarle County Circuit Court Attn: Shelby Marshall , Circuit Court Clerk Court Square Charlottesville, VA 22901 Dear Mrs. Marshall: Submitted herewith are the documents submitted to the Board of Zoning Appeals by the Zoning Administrator on February 9, 1988 , for VA-88-1 for Charlottesville Oil Co. , Inc. (Anthony Everett) . Also please find attached a copy of the verbatim transcript from the meeting prepared by Sharon Taylor, Recording Secretary. An index of the documents is enclosed for your convenience. Respectfully, 64,4 #14.4-7.&70,7": Charles W. Burgess, Jr. Zoning Administrator CWB;jr/st cc: VA-88-1 Enclosures March 18, 1988 Albemarle County Circuit Court Attn: Shelby Marshall, Circuit Court Clerk Court Square Charlottesville, VA 22901 Dear Mrs. Marshall: I certify that the attached is a true copy of the transcript and all documents submitted to the Board of Zoning Appeals on February 9 , 1988 for Charlottesville Oil Co. , Inc. (Anthony Everett) . Respectfully, Ja uely Buckle Secretary of Board of Zoning Appeals JH/st cc: VA-88-1 March 18, 1988 I certify that the attached copy is a true and correct copy of the verbatim transcript taken from the Board of Zoning Appeals meeting held on February 9, 1988, for Charlottesville Oil Co. , Inc. (Anthony Everett) for VA-88-1. C-(k,,e ' r) acglyn ckle, Secretary BY: Sharon Taylor, Recording Se etary VERBATIM TRANSCRIPT ALBEMARLE COUNTY BOARD OF ZONING APPEALS MEETING HELD ON FEBRUARY 9, 1988 VA-88-1, Charlottesville Oil Company Those members present were W. R. Rennolds, Carl Van Fossen, Jacquelyn Huckle, and Max C. Kennedy, Chairman. Other officials present were Charles W. Burgess, Jr. , Zoning Administrator; Andrew D. Evans, Deputy Zoning Administrator; and Sharon Taylor, Recording Secretary. Mr. Kennedy: So we will start in by Andy giving us the first summary on the application. Mr. Evans: O.K. , this is variance 88-1. The applicant is requesting a relief from section 30.5.2 .7 of the Albemarle County Zoning Ordinance. Section 30.5.7.2 states business, well it is actually 30.5.7.2 (c) , business wall signs shall be limited to twenty feet in height above grade, thirty-five square feet per single sign face, and to one sign per separate highway frontage. The operator of Woodfin Auto Parts business is asking the Board of Zoning Appeals to allow the "already" existing signs to remain at the Route 20, Route 250 location. Mr. Everett is requesting the Board to allow his business to have a total of three wall signs, a variance of two wall signs; a sign face to 64 . 5 square feet, a variance of 29. 5 square feet; and to have a total of 121.5 square feet of wall signage, a variance of 85.5 square feet. The previous occupants of the site were never in full compliance of all County regulations, but only one had a sign which was approximately 18" X 168" or 21 square feet. That particular sign was a replacement of a Cavalier Tire (business sign) . I must inform the Board that Mr. Everett was informed was informed of the sign regulations and restrictions of the scenic highway prior to the signs being erected or painted. The staff finds that the site affords good visual access for motorists traveling west on Route 250, an average or an acceptable level of visibility for the east bound traveler. It is the staff's opinion that the existing signage as represented to the staff, to the Board dominates the wall facade of the building portion where the Woodfin business is located probably due to the fact that the background color is white and the lettering covers a very large portion of the wall surface area. The sign as presented is in conflict with the intent of the SA-Highways intent. The configuration, design, material, and color should be in keeping with the historic and Verbatim Transcript - VA-88-1 Charlottesville Oil Company Page 2 environmental setting. Such sign should not visually dominate the structure to which it is attached. Based on the foregoing, 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 would not be of substantial detriment to the adjacent properties or that the character of the district will not be altered. I have some, members of the Board I have several pictures here just to give you an idea of what the building looked like prior to the so called renovation or changing of color, the facade of the building and then this is what it looked like currently now the white background with the painted center. Mr. Kennedy: O.K. Is that all from the staff report. Mr. Evans: Yes. Mr. Kennedy: Alright, is the applicant here? Mr. Everett: Yes, sir. Hi, my name is Tony Everett and I am with Woodfin Honda Parts. First of all I would like to say this is a new business that we have started. It originated in Richmond. This is kind of a chain type store that I would be given well purchase. We just moved out there to that location. We had a lot of cleaning up to do. The nature of the signs is one of the reasons why it is so large is that we are trying to attract the customers attention with a minimal amount of advertising, which in all honesty we cannot allow in the budget with the probability of the business. There is something in the letter that, that I received today that says the staff finds that the site affords good visual access for motorists traveling west on Route 250 for an average or an acceptable level of visibility on the eastbound traveler. At that location, I don't know if any of you all are familiar with it, it is just past the Boar's Head on the right hand side. There are a number of obstacles depending on the time of day it depends on how many obstacles are there. There are a lot of big trucks that come through there. The Charlottesville Oil Company is a large distributor of oil. They have a lot of Verbatim Transcript - VA-88-1 Charlottesville Oil Company Page 3 big tankers that come in there, plus they have fuel pumps that a lot of the local businesses bring their trucks there for fueling. What I have is a is a brief sketch of the layout of the place. There are numerous trees. I am right on the side of the property line. There is a border of trees that separates me and the adjacent property. The oncoming motorists from the west coming east the visibility is limited. Also, if you are coming west there is also a U-turn of trees in front of the building. I would like to hand that to you and that is a brief sketch of, that is a brief sketch of the layout of the parking lot and buildings plus all of the obstacles. (Inaudible) Mr. Kennedy: Here it is right here. Mr. Everett: I do know that the building the colors are out of the ordinary. I know that it is a scenic highway. You do want it to look good. You do want the property to look good. You want it acceptable to the community in that area. We have done some extensive cleaning and painting to the place to make it acceptable. I want a clean professional looking facility for my customers to come into and do business with. We couldn't really go with a rustic color because it is a chain of stores that has been started out of Richmond. The young gentleman who started it, that is company colors so the colors are in line with the with the chain of stores. It's just like McDonald's has their colors. Charlottesville Oil Company has their colors. You know I do want to do anything I can to make it look nice, but in all honesty I feel that the sign is just a necessity for my business for at least a starting period because I am new. Mr. Kennedy: Anything else to add? Mr. Everett: That will be all. Thank you very much. Mr. Kennedy: Do you have anybody else that wants to speak? Mr. Everett: No, no not at this time. Mr. Kennedy: Is there anybody here in opposition to this application? Alright, the public hearing is closed and the matter is before the Board. Verbatim Transcript - VA-88-1 Charlottesville Oil Company Page 4 Mrs. Huckle: Well I would think that being next to Charlottesville Oil Company would be a very good landmark. Everybody knows where that is and I don't think that people would have trouble finding it if it was next to that without having such huge signs. And that area really has got a lot of very pretty some good looking buildings. (Inaudible) It does seem excessive. Mr. Van Fossen: I was reading here in the staff report too that Mr. Everett was informed of the regulations and restrictions and all prior to his painting of the building. I don't know why he would proceed with something like that and all and had been advised as to what the ordinance related to. Mr. Everett: Could I approach the stand again sir? O.K. I was indeed informed told you know what the County did want as far as the sign regulations was required. i do have a business partner that has helped me set up out of Richmond. He did schedule an appointment without my knowing, and in all honesty I was at a hospital the day the sign was done. I did not know at that time exactly what was put up. There is negligence on my part I will admit. I have been I have had several comments on the signage that it is a very attractive sign. The community from our standpoint is what I have been told by a number of any opposition and everyone that has seen it has been very pleased with the sign and with what the building looks like. Mr. Van Fossen: I have no problem with what the way it looks it does look nice and clean. It is just out of character in the area where it where it is there is a scenic highway in that area. Mr. Everett: Yes, sir. Mr. Van Fossen: And it's just totally out of character with everything else that is along that area. Mr. Everett: Yes I do think that is part of the color the color scheme of it. I will agree with you on that. That is something that the agreement between me and Woodfin. To change that color of the signage would require that I change the location because it is part of their agreement. We have a limited partnership and in that agreement states that I have to use his company colors and name. Verbatim Transcript - VA-88-1 Charlottesville Oil Company Page 5 Mr. Kennedy: Andy, what is the size of the wall sign he is allowed? Mr. Evans: Thirty-five, thirty-five square feet. Mr. Kennedy: Thirty-five. Besides the fact that you've got two signs. You've got three signs, two signs too many. And you've got one sign, a lot of signs there. And one sign is 85.5 square feet too large, right? Mr. Evans: No, he has one Mr. Kennedy: He can put up a wall sign by right on the building. Mr. Evans: No one one sign is 69, 64 .5 square feet. Mr. Kennedy: Yes. Mr. Evans: Just the size of that. (Inaudible) Mr. Kennedy: If you put up the wall sign on that building. Mr. Evans: Yes. Mr. Kennedy: And that wall sign could be 35 Mr. Evans: Square feet, see what it is it transfers from like 3 previous or 2 previous tenants and then one previous operator. Mr. Dulaney years back had a Cavalier Tire business there. Mr. Kennedy: Right. Mr. Evans: So that had a sign and I went by that. And then they had two (inaudible) two tenants thereafter but neither one came into compliance. The only sign we had was a picture which you will notice in that one sign there. That is the sign that that particular tenant had which would be in compliance with the ordinance. And then Mr. Everett came along and operated started his business and painted the building and put the three signs individually. I can't characterize as one individual sign because there are three separate. It says Woodfin and then it says Used Honda Parts and then its got another one. He's got two on different faces of the building. Verbatim Transcript - VA-88-1 Charlottesville Oil Company Page 6 Mr. Kennedy: My point is that he is allowed by right Mr. Evans: One Mr. Kennedy: Five foot square Mr. Evans: One thirty-five square foot sign, wall sign yes. Mr. Kennedy: That is good. Does the Board have any other questions of Mr. Everett while he is up here? Any motion? Mr. Van Fossen: Well I can't find a hardship here, and I am going to make (inaudible) . We can't, we can't do a hardship based on financial and you're saying that is what it is. And I can't find a hardship here so I have no other alternative but to make a motion that the variance be denied. Mrs. Huckle: Second that. Mr. Kennedy: It has been moved and seconded that the variance be denied. All in favor, call roll. Mrs. Taylor: Mr. Van Fossen. Mr. Van Fossen: Aye Mrs. Taylor: Mrs. Huckle Mrs. Huckle: Aye Mrs. Taylor: Mr. Rennolds Mr. Rennolds: Aye Mrs. Taylor: Mr. Kennedy Mr. Kennedy: Aye. O.K. That application was denied. Mr. Everett: What is the next procedure? What do I need to do? Mr. Kennedy: Well you have to come into compliance with the ordinance by whatever you can do by right. You can talk with Mr. Evans about it. Mr. Everett: O.K. O.K. Thank you very much. Request No . Date 66 CIRCUIT COURT, COUNTY OF ALBEMARLE REQUEST TO CALL CIVIL CASE LAW OR CHANCERY AT SOUNDING OF THE DOCKET ON _f_&22G Z41511 V S.C� ` iJi✓.o CIA Z-7--� ��. ,, / Case Number plaintiff - Petitioner Law V Chcy J7L//Cm CaU,vyy Zo.U'.✓c.- //'"D endant - Respondent Case To Be Set For Jury : Time Estimated To Handle : TRIAL ✓ Yes 2 /�o✓� MOTION NO "'/ OTHER CERTIFICATION I hereby certify that A6,.1-,imct A''r and , counsel of record were notified on the ______ day o , 19 Py that case will be called on the day of /cir',a c- , 19 t s' Printed Name //ti>f/o,0/ .S- C t Counsel for (t.L.,,Okikv •- /VGAJ a/a COR /Or/R7.5 Date and Time Set Other : Use One Request for Each Case Use Correct Short Style of Case Cases Will Be Called In Order In Which Requests Are Filed Virginia: In The Circuit Court of Albemarle County Woodfin Specializing In . . . Used Honda Car Parts 2851 Ivy Road Charlottesville, VA 22901 Petitioner V. Board of Zoning Appeals of Albemarle County Respondent PETITION FOR WRIT OF CERTIORARI Woodfin Specializing In . . . Used Honda Car Parts Respectfully Petitions This Honorable Court To Issue A Writ Of Certiorari To The Respondent Board of Zoning Appeals in Support of This Petition As Follows: On February 9 , 1988 The Board of Zoning Appeals Denied A Variance, Designated VA-88-14 Tax Map 59 , Parcel 80B. Petitioner Further Prays That The Variance Application Be Again Reviewed Due To New Findings In State Law. Woodfin Specializing In . . • Used Honda Car Parts 2851 Ivy Road Char ttesv ' lle, VA 22901 A ony S . Everett District Manager CERTIFICATE I, Anthony S . Everett, Hereby Certify That A True And Exact Copy Of The "Foregoing Was Hand Delievered To The Albemarle County Zoning Board c/o The Albemarle County Zoning Review Board As Of March 8 , 1988 . An ny S. Everett District Manager Woodfin Specializing In . . - Used Honda Car Parts