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HomeMy WebLinkAboutVA198800044 Action Letter 1988-07-01 of ALaF,t COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 July 27, 1988 Mr. Mike Boggs Director of Aviation c/o Charlottesville-Albemarle Airport Authority 201 Bowen Loop Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-44, Tax Map 32 , Parcel 10 Dear Mr. Boggs: 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-88-44 was approved as requested. This variance approval allows relief from sections 4 . 12 .7 and 10.4 of the Albemarle County Zoning Ordinance to reduce the number of loading spaces required from fourteen (14) spaces to one (1) space and to increase the allowable height of a structure from the maximum of thirty-five (35) feet to forty-five (45) feet. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWB,Jr/st cc: VA-88-44 Inspections Department Planning Department STAFF REPORT - #VA-88-44 APPLICANT - Charlottesville-Albemarle Airport Authority TAX MAP - 32/10 ZONING - RA (Rural Areas) ACREAGE - 556.702 LOCATION - On the west side of the intersection of Route 606 and Route 649 The applicant requests relief from Sections 10.4 and 4. 12 .7 of the Albemarle County Zoning Ordinance. These sections state: "10.4 Area and Bulk Regulations maximum structure height - 35 feet" "4. 12 .7 Required Off-Street Loading Space" "4. 12 .7.2 Off street loading space shall be provided in addition to and exclusive of the parking requirement on the basis of: a) One (1) space for each eight thousand (8, 000) square feet of retail gross leasable area. b) One (1) space for each eight thousand (8, 000) square feet of office space. c) One (1) space for each ten thousand (10, 000) square feet of industrial floor area. " The applicant is requesting that the proposed construction of the following building and additions exceed the height limitations per Section 10. 4 as follows: Main terminal building, a height of 45 feet, a variance of 10 feet, General Aviation Office/Hanger Phase I, 40 feet, a variance of 5 feet; and General Aviation Office Hanger Phase II 40 feet, a variance of 5 feet, and General Aviation/Hanger Phase II - 40 feet, a variance of 5 feet. The applicant is also requesting that only one (1) loading space be provided for the main terminal building, and no loading spaces for the general aviation office and general aviation hanger buildings in Phases I and II. FAA Standards are the reason used for requesting the variance on height of the aviation office and hangers. Restrictions imposed by the existing control tower and current requirements and architectural standards for functionability of the main terminal building, are reasons for the additional height request. The applicant cites the uniqueness of an airport operation, coupled with the fact that the restaurant area only would generate the need for deliveries, as reason for requesting the variance from the required loading spaces. Staff Report - #VA-88-44 Charlottesville-Albemarle Airport Authority Page 2 The staff is of the opinion that if the height regulations are in conflict with federal regulations regarding airport facilities, then the Board should consider the merits of such. The staff cannot find evidence to support the reduction of the required loading spaces of eight (8) to one (1) based on the information available with the application. Staff Recommendation The application for height variances should be approved for cause: 1) The granting of the variance will not be of detriment to the adjacent properties nor will the character of the district be altered. 2) The hardship is generally unique to their property because of the airport facility and the federal requirements imposed or required for operation. 3) 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. The application for a variance from the required loading spaces 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 Rural Areas (RA) . 3) It is not believed that the granting of the applicant's request would be of substantial detriment to the adjacent properties nor would the character of the district be altered.