HomeMy WebLinkAboutVA198800027 Action Letter 1988-05-12CORRECTED COPY
STAFF REPORT - VA-88-27
APPLICANT: Forest Lakes Associates
TAX MAP/PARCEL: 46/29D
ZONING: HC (Highway Commercial)
LOCATION: East side of Rt. 29, +/- .3 miles south of its
intersection with Rt. 649
The applicant seeks a variance from Section 4.15.3.7 of the
Albemarle County Zoning Ordinance, which states:
114.15.3 Permitted Signs
4.15.3.7 Highway Commercial (HC; . . . .
Location Signs: a) if illuminated no moving, flashing,
blinking or color -changing or neon illumination or
lighting; b) the area of the sign shall not exceed
one hundred (100) square feet; (c) no portion of the
sign shall be greater than thirty (30) feet from ground
level; (d) no more than six (6) such signs directing
attention to any one establishment is permitted;
(e) provided further that no such sign shall be closer
to another such sign than one thousand five hundred
(1,500) feet on the same side of a right-of-way."
The applicant proposes to erect a location sign and seeks a
variance from the allowable square footage from the maximum sign
area of one hundred (100) square feet to four hundred (400) square
feet. The sign structure the applicant desires to erect will be
four (4) sided. Each of the four (4) sign faces will contain one
hundred (100) square feet of sign area. The sign structure will
measure approximately twenty-eight (28) feet in height and will be
illuminated.
The applicant desires to locate the sign at the entrance to the
seven hundred fifteen (715) acre Forest Lakes development. In
that the sign is located on a different parcel from the parcels
where residential development will occur, the location sign
concept was used. The sign's location is on the parcel where a
neighborhood shopping center is planned. The applicant has
indicated that this sign will also serve as the freestanding
business sign for the shopping center. The maximum area allowed
for a freestanding business sign in a HC (Highway Commercial)
district is one hundred (100) square feet.
Staff Report - VA-88-27
Forest Lakes Associates
Page 2
RECOMMENDATION
The applicant's request does contain merit and has received
consideration by the staff. The proposed sign would serve a dual
purpose when the shoppingt,is"developed. In that the sign is four
(4) sided, the visual effect when approaching the sign would be
that of a one hundred (100) square foot sign. However, the staff
must recommend that the variance request be denied as the basic
criteria upon which a variance may be granted have not been
satisfied. To wit:
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. The requirement the applicant seeks relief from
is shared by all properties zoned Highway Commercial.
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 be altered.
In the event the Board of Zoning Appeals should find cause to
approve the applicant's request, the following conditions should
be considered:
1) that the shopping center shall not erect any freestanding
business sign, and
2) that if the proposed sign is to to be lighted, that the
illumination be from an internal light source.
' A`J�(t!
�'IRC;tN�P
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesvi►le, Virginia 22901-4596
(804) 296-5875
May 12, 1988
Forest Lakes Associates
P. O. Box 5207
Charlottesville, VA 22905
ATTN: Frank A. Kessler
Re: Board of Zoning Appeals Action
VA-88-27, Tax Map 46, Parcel 29D
Dear Mr. Kessler:
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-88-27 was granted subject
to the following conditions:
(1) That the sign not exceed 100 square feet per sign face,
(2) That the shopping center shall not erect any freestanding
sign, and
(3) That if the proposed sign is to be lighted, that the
illumination be from an internal light source or
wash lighting subject to approval by the Zoning
Administrator.
VA-88-27 Forest Lakes Associates
May 12, 1988
Page 2
This variance approval allows relief from Section 4.15.3.7 of
the Albemarle County Zoning Ordinance to increase the size of
a location sign from the maximum allowable area of one hundred
(100) square feet to four hundred (400) square feet.
If you have any questions, please contact our office.
Sincerely,
0,&& w.
Charles W. Burgess, Jr.
Zoning Administrator
CWB:JR/st
cc: VA-88-27
Inspections Department