HomeMy WebLinkAboutVA198800034 Action Letter 1988-07-27 A
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IRGINa.
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 27, 1988
Mr. William E. Schuilling
1590 Seminole Trail
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-34, Tax Map 61, Parcel 120E
Dear Mr. Schuilling:
This letter is to inform you that on July 26, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-88-34 was denied.
Pursuant to Section 35. 0 of the Albemarle County Zoning
Ordinance, the actual cost of any notice required under the code
shall be taxed to the applicant, to the extent that the same shall
exceed the applicable fee set forth in this section. Please see
the attached bill for the amount due of $5. 35.
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,
adds& tom. &w „
Charles W. Burgess, Jr.
Zoning Administrator
CWB,Jr/st
cc: VA-88-34
STAFF REPORT - VA-88-34
APPLICANT - William E. Schuilling
TAX MAP/PARCEL - Tax Map 61, Parcel 120E
ZONING - HC (Highway Commercial)
ACREAGE - 2 .2 acres
LOCATION - West side of Route 29, +/- .2 miles south
of its intersection with Rt 631
The applicant proposes to add a three (3) foot by twelve (12)
foot sign to the existing free-standing business sign advertising
the automotive dealership known as Brown Oldsmobile-Honda. The
additional thirty-six (36) feet of sign area will increase the
aggregate area of free-standing business signage on the property
to two hundred twenty-two (222) square feet. The Albemarle County
Zoning Ordinance provides for free-standing business signs on
property zoned Highway Commercial (HC) in Section 4. 15. 3 .7, which
states:
"4 . 15 Signs
4. 15. 3 .7 Highway Commercial (HC) ; . . . .
Business signs, free-standing or Projecting:
Provided (a) if illuminated, no moving, flashing,
blinking, color changing or exposed, bare or
uncovered neon illumination or lighting; (b) the
aggregate area of such signs shall not exceed one
hundred (100) square feet . . . "
The applicant was granted a variance (case #VA-77-38) on June 15,
1977 which authorized the increase in sign area from one hundred
(100) square feet to one hundred eighty-six (186) square feet.
The applicant states that the additional signage is needed to
identify a new make of automobile being offered for sale at the
dealership.
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 con-
fiscation 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 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.