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HomeMy WebLinkAboutVA198800004 Action Letter 1988-01-19 ;NIP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 3 , 1988 Dear Applicant: For your convenience and to allow you to organize your thoughts prior to the Board of Zoning Appeals meeting on February 9, 1988, please find attached the staff report for your case. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB,JR/st ,ov f .atRE Ali Ntiv - 1 , ., �IRGINIP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 10, 1988 Investors Savings Bank P. O. Box 36666 Richmond, VA 23235 Re: Board of Zoning Appeals Action VA-88-4, Tax Map 61W, Parcel 02-B1 Dear Sirs: This letter is to inform you that on February 9, 1988 , during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to grant your variance with the following conditions: (1) that no wall and/or roof signs be erected, and (2) that the sign not create any visual obstruction for motorists entering or existing the property. This variance approval allows relief from Section 21. 7 of the Albemarle County Zoning Ordinance to reduce the required setback for a free-standing business sign from thirty (30) feet to zero (0) feet. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB;jr./st cc: VA-88-4 Sign Permit #S-87-100 Tyson Sign Company STAFF REPORT VA-88-4 (Corrected Copy) APPLICANT: Investors Savings Bank TAX MAP/PARCEL: 61W/02-B1 ZONING: C-1 (Commercial) LOCATION: Southeast corner of Rt 29 and Westfield Road The applicant seeks a variance from Section 21. 7 . 1 of the Albemarle County Zoning Ordinance, which 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 property shall be erected closer than thirty (30) feet to any public street right-of-way . . . " The applicant proposes to erect a fifty (50) square foot, free-standing, business sign and seeks a reduction of the setback measurement from the required thirty (30) feet to zero (0) feet. The only other signs to be erected on the property are directional signs. The previous tenant (First Virginia Bank) had a free- standing business sign which apparently had a setback of zero (0) feet. This non-conforming sign has since been removed. In order to comply with the setback requirement, the free-standing, business sign would have to be erected in the parking lot area. On September 29, 1987 , the Board of Zoning Appeals granted a similar request (VA-87-47) to the property located across Westfield Road to the north. 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 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 zoing district and general vicinity. The requirement the applicant seeks relief from is shared 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 not be altered. In the event the Board of Zoning Appeals should find cause to entertain the applicant's request. Staff Report VA-88-4 Investors Savings Bank Page 2 The following conditions should be considered. 1) that no wall and/or roof signs be erected, and 2) that the sign not create any visual obstruction for motorists entering or exiting the property. STAFF REPORT VA-88-4 APPLICANT: Investors Savings Bank TAX MAP/PARCEL: 61W/02-B1 ZONING: C-1 (Commercial) LOCATION: Southeast corner of Rt 29 and Westfield Road The applicant seeks a variance from Section 21. 7 . 1 of the Albemarle County Zoning Ordinance, which 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 property shall be erected closer than thirty (30) feet to any public street right-of-way . . . " The applicant proposes to erect a fifty (50) square foot, free-standing, business sign and seeks a reduction of the setback measurement from the required thirty (30) feet to zero (0) feet. The only other signs to be erected on the property are directional signs. The previous tenant (First Virginia Bank) had a free- standing business sign which apparently had a setback of zero (0) feet. This non-conforming sign has since been removed. In order to comply with the setback requirement, the free-standing, business sign would have to be erected in the parking lot area. On September 29, 1987, the Board of Zoning Appeals granted a similar request (VA-87-47) to the property located across Westfield Road to the north. 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 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 zoing district and general vicinity. The requirement the applicant seeks relief from is shared 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 not be altered. In the event the Board of Zoning Appeals should find cause to entertain the applicant's request, a condition that no wall/or roof signs be erected should be considered. Staff Report VA-88-4 Investors Savings Bank Page 2 Request the following conditions should be considered. 1) that no wall and/or roof signs be erected, and 2) that the sign not create any visual obstruction for motorists entering or exiting the property.