HomeMy WebLinkAboutVA198800048 Action Letter 1988-08-10 ., ......: ....,. era-o.,.
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
August 10, 1988
Mr. Bruce McNabb
Department of Public Works
P. O. Box 911
Charlottesville, VA 22902
Re: Board of Zoning Appeals Action
VA-88-48, Tax Map 77E1, Parcel 1
Dear Mr. McNabb:
This letter is to inform you that on August 9, 1988, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, the Board granted your variance request for VA-88-48
with the condition that the sign not be lighted.
This variance approval allows relief from Section 26. 10. 1 of the
Albemarle County Zoning Ordinance to reduce the setback of a
freestanding business sign from the minimum requirement of
fifty (50) feet to eleven (11) feet, and from fifty (50) feet
to thirty-five (35) feet.
If you have any questions, please contact our office.
Sincerely,
W,
Charles W. Burgess, Jr.
Zoning Administrator
CWBJr/st
cc: VA-88-48
Sign Permit #S-88-56
Inspections Department
STAFF REPORT - VA-88-48
Applicant: - City of Charlottesville
Tax Map/Parcel - 77E(1)/1
Acreage - 50.87 Acres
Zoning - Light Industry (LI)
Location - On Route 742, property known as the City
Public Works Center
The applicant seeks a variance from Section 26. 10. 1 of the
Albemarle County Zoning Ordinance, which states:
"26. 10 MINIMUM YARD REQUIREMENTS
"26. 10. 1 Adjacent to public streets: No portion of any
��`�- structure, except signs advertising sale or
rental of the property, shall be erected closer than
fifty (50) feet to any public street right-of-way. . . "
The applicant proposes to erect a free-standing business sign and
seeks a reduction from the setback measurement from the minimum
requirement of fifty (50) feet to eleven (11) feet. The eleven 4!/
(11) foot measurement is that distance between the proposed sign
41L v -an-act, 5 eascment. In addition, the sign is to be located 1 '
thirty-five (35) feet fr
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The applicant states that relocating the sign so as to provide the
minimum required setbacks would create a hardship. The perceived
hardship is caused by the landscaping required in the applicant's
approved Landscape Plan. The applicant contends that by complying
with the setback requirements, the visibility of the sign would be
limited by the required landscaping.
The applicant also states that similar such variances have been
granted to adjacent properties. In reviewing previous actions of
the Board of Zoning Appeals, three (3) previous requests for the
reduction of the setback for a free-standing business sign have
been approved. These requests are as follows:
Case Tax Map/Parcel Action
VA-74-14 77E(1)/1C Setback reduced from fifty
(50) feet to ten (10) feet
VA-79-08 77E(1)/1D Setback reduced from fifty
(50) feet to seven (7) feet
VA-86-11 77E(2)/2 Setback reduced from fifty
(50) feet to twenty (20)
feet)
Staff Report - VA-88-48
City of Charlottesville
Page 2
RECOMMENDATION
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. The
staff believes that the applicant could amend the Landscape
Plan so as to provide adequate visibility of the sign at the
required setback location.
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 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 be
altered. The granting of the variance would be consistent
with the previous actions of the Board of Zoning Appeals.