Loading...
HomeMy WebLinkAboutVA198800052 Action Letter 1988-08-11 park€ '.r��,4�. grLTr":t;r:. y op A CH,p/ v IM COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 11, 1988 Colonnade Associates Limited Partnership 2114 Angus Road, Suite 212 Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-52 , Tax Map 60, Parcel 40C1 Dear Sirs: 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-88-52 , subject to the conditions that the height and setback variances previously granted be abandoned except for the parking setback5 variance, and that Colonnade Associates will allow Mr. Boyajian to have an easement so as to utilize the entrance as his primary access. This variance approval allows relief from Section 30.5. 6. 2 . 1 of the Albemarle County Zoning Ordinance to reduce the setback of a structure in the Scenic Areas-Highway Overlay District from one hundred fifty (150) feet to seventy-five (75) feet. If you have any questions, please contact our office. Sincerely, eAlata. Gv . �&- —,/ . Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-52 Planning Department Wyant Associates VA-87-38 & 83 STAFF REPORT - VA-88-52 APPLICANT: Colonnade Associates Limited Partnership TAX MAP/PARCEL: 60/40C1 ACREAGE: 2 . 34 acres ZONING: HC (Highway Commercial) LOCATION: Southwest corner of the intersection of Route 250 and Colonnade Drive The applicant seeks a variance from section 30.5. 6.2 . 1 of the Albemarle County Zoning Ordinance. This section states: "30.5.6.2 SA-HIGHWAYS 30.5.6.2 . 1 No buildings or structures other than permitted under section 4. 11, except as hereafter provided in the case of certain signs, shall be constructed within any SA-highways overlay district. " The Scenic Areas-Highway Overlay District is established in section 30.5, which states: "30.5 SCENIC AREAS OVERLAY DISTRICT - SA 30.5.2 .2 SA-HIGHWAYS SA-highway overlay districts are hereby established along the following highway corridors in Albemarle County for a distance of one hundred fifty (150) feet on each side of the right-of-way: a. U.S. Route 250 from the western corporate limits of the City of Charlottesville to the western Albemarle County border. " The applicant proposes to construct a commercial building and seeks a reduction of the front setback from the minimum requirement of one hundred fifty (150) feet to seventy-five (75) feet. The applicant has received approval of variance requests from the Board of Zoning Appeals on two (2) prior occasions. In reviewing VA-87-38 and VA-87-83 it appears that the applicant is utilizing only the previous variance which will allow the Page 2 VA-88-52 Colonnade Associates Limited Partnership off-street parking within ten (10) feet of the Route 250 right-of-way. The previously approved variance (VA-87-38) to reduce the twenty (20) foot buffer area which is required from residential property is not being used, nor is the setback variance (VA-87-83) which was granted due to the increased height of the then proposed structures. The applicant has completely changed the design of the development and now intends on developing two (2) commercial structures on the property. The Zoning Ordinance authorizes the Planning Commission to reduce the building setback in the SA-Highways District to seventy-five (75) feet in section 30.5. 6. 3 , provided that all off-street parking is located in the rear of the structure. This does not appear to be a reasonable alternative to the applicant in that there is not adequate area to the rear of the proposed structure in which to locate the required parking. The Albemarle County Planning Department does approve of the applicant's proposal, provided that the additional landscaping is performed on the front of the property. The Zoning Department also believes that the applicant's request is reasonable, but cannot find evidence of a hardship upon which to base a recommendation of approval of the requested variance. 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- fication 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.