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HomeMy WebLinkAboutVA198800025 Action Letter 1988-05-12COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 12, 1988 Mr. Chester F. Baker Rt. 4, Box 15 Scottsville, VA 24590 Re: Board of Zoning Appeals Action VA-88-25, Tax Map 130A1, Parcel 63 Dear Mr. Baker: This letter is to inform you that on May 10, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-88-25 was approved with the following conditions: 1) The applicant obtain site plan approval 2) That the two (2) year limit be endorsed 3) Limitation of one business sign of (18) square feet This variance approval allows relief from Section 4.12.5.1 and 4.12.6.6.2 of the Albemarle County Zoning Ordinance to allow the use of parking area for display and sale of motor vehicles and to reduce the number of required parking spaces from 258 to 208 spaces, a variance of 50 parking spaces. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB:JR/st cc: VA-88-25 Planning Department Scottsville Shopping Center STAFF REPORT - VA-88-25 APPLICANT: Chester Baker c/o Scottsville Shopping Center TAX MAP/PARCEL: 130A(1)/63 ZONING: PDSC (Planned Developed Shopping Center) ACREAGE: 7.59 LOCATION: Northwest Corner of the Intersection of Rt 6 and Rt 726 This applicant is requesting relief from Sections 4.12.5.1 and 4.12.6.6.2 of the Albemarle County Zoning Ordinance. Section 4.12.5.1 and 4.12.6.6.2 state: 114.12.5.1 No required off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicle, equipment, materials or supplies, or obstructed in any other fashion unless specifically approved by the commission. This provision shall not be applicable to single-family dwelling units." 114.12.6.6.2 Shopping Center: Five and one-half (5 1/2) spaces per each one thousand (1,000) square feet of gross leasable floor area." The applicant wishes to utilize a portion of the existing parking area of the Scottsville Shopping Center for display and sales of used and/or new cars and to also locate a small sales office on the same property. The applicant operates the Cowles Chevrolet dealership located on the opposite side of St. Rt 726. The present site will not physically accommodate the same proposed expansion requested for the Shopping Center property. Both Scenic Highway and Commerical setbacks will be adhered to concerning the location of the display area and temporary sales office. A request of this nature deals with an add on use of the required parking area of the shopping center, thus the need for a variance from the parking provided. The availability of parking is provided for under Section 4.12.5.1 which prohibits the proposed use of parking required. Based on the criteria for granting relief of provisions of the ordinance, the staff makes the following: STAFF REPORT - VA-88-25 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 zoning 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, these conditions are recommended: 1) The applicant obtain site plan approval 2) That the two (2) year limit approval be endorsed 3) Limitation of one business sign of (18) square feet Information: Motor Vehicles Sales Including Automobiles, Farm Equipment, and Trucks: One (1) space per one thousand five hundred (1,500) square feet of display area.