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
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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.