HomeMy WebLinkAboutVA198800010 Action Letter 1988-03-10 •
,,pFAI.��J
o W
IRG11�1'
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 10, 1988
Ms. Marilynn Gale
914 Monticello Road
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-10, Tax Map 45B(1) , Parcel 05-C4
Dear Ms. Gale:
This letter is to inform you that on March 8, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-88-10 was denied.
Anyone aggrieved by a decision made by the Board can appeal
the decision to the Circuit Court of Albemarle County within
thirty (30) days of the decision.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWB,Jr/st
cc: VA-88-10
Mr. Jim Darnell
STAFF REPORT - VA-88-10
OWNER: Richard Bertram
TAX MAP/PARCEL: 45 B1/05-0C
ACREAGE: 1. 1 Acres
ZONING: HC (Highway Commercial)
LOCATION: East side of Route 29, +/- .5 miles north of its
intersection with Carrsbrook Drive
The applicant seeks a variance from Section 5. 1. 19 of the
Albemarle County Zoning Ordinance, which states:
"5. 1. 19 Wayside Stand
a. structures for wayside stands, including vehicles,
shall not exceed six hundred (600) square feet in
aggregate floor area . . . "
The applicant proposes to establish a garden center and seeks a
variance to increase the allowable floor area of a wayside stand
from six hundred (600) square feet to two thousand eight hundred
eighty (2880) square feet. The applicant intends on establishing
a permanent nursery/greenhouse business at this location and has
filed preliminary site development plan (#SDP 88-015) with the
Albemarle County Planning Department.
The basis of the applicant's request is that he desires to be
capable of transacting business from this location during the
spring planting season. A wayside stand containing six hundred
(600) square feet of floor area is not large enough to meet the
applicant's business needs. The proposed thirty (30) foot by
ninety-six (96) foot structure is shown as a greenhouse on the
applicant's site development plan.
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 altered.
In the event the Board of Zoning Appeals should find cause to
entertain the applicant's request, a condition that the variance
be granted for a period of one (1) year should be considered.