HomeMy WebLinkAboutVA198800029 Action Letter 1988-05-12e
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May 12, 1988
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
Maratha Christian Church
442 Westfield Road
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-29, Tax Map 61W, Parcel 01-Cl
Dear Sirs:
I
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-88-29 was granted subject
to the following conditions:
(1) That the variance be granted to the applicant only,
and shall not be transferable.
(2) That the sign not exceed twenty-four (24) square feet
in area.
(3) That the sign not exceed four (4) feet in height subject
to review by the Zoning Administrator.
(4) That the sign be constructed of masonry and/or wood
materials, except for the plastic face.
(5) That if the sign is to be illuminated, that the
lighting be approved by the Zoning Administrator.
VA-88-29 Maratha Christian Church
May 12, 1988
Page 2
This variance approval allows relief from Section 21.7.1 of
the Albemarle County Zoning Ordinance to reduce the setback
for a freestanding sign from the minimum requirement of thirty
(30) feet to ten (10) feet.
If you have any questions, please contact our office.
Sincerely,
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Charles W. Burgess, Jr.
Zoning Administrator
CWB:JR/st
cc: VA-88-29
Inspections Department
STAFF REPORT - VA-88-29
OWNER: JKL Land Trust
APPLICANT: Maratha Christian Church
TAX MAP/PARCEL: 61W/01-C1
ZONING: C-1 (Commercial)
LOCATION: 442 Westfield Road
The applicant seeks a variance from Section 21.7.1 of the
Albemarle County Zoning Ordinance, which states:
1121.7 Minimum Yard Requirements
21.7.1 Adjacent to public streets: No portion of
any structures 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 freestanding sign and seeks a
reduction of the setback for said sign from the minimum
requirement of thirty (30) feet to ten (10) feet. The applicant
states that the sign would be located in the parking lot area if
the thirty (30) foot setback is adhered to. At the writing of
this report, the staff does not have information to indicate the
size of the proposed sign, the materials to be used, and whether
or not the sign is to be illuminated. The previous tenant of this
structure did not have a freestanding sign.
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.
The applicant cites the existing parking lot design and the
existence of a steep bank as the causing factors of the
variance request.
Staff Report - VA-88-29
JKL Land Trust
Page 2
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 commercial properties.
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
approve the applicant's request, the following conditions should
be considered:
1. That the variance be granted to the applicant only, and shall
not be transferable.
2. That the sign not exceed twenty-four (24) square feet in area.
3. That the sign not exceed ten (10) feet in height.
4. That the sign be constructed of masonry and/or wood materials.
5. That if the sign is to be illuminated, lighting shall be from
an external source.