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HomeMy WebLinkAboutVA198800054 Action Letter 1988-09-14 4119NA COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 September 14, 1988 Mr. Tom Muncaster Muncaster Engineering 338 Rio Road Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-88-54, Tax Map 77, Parcel 11D Dear Mr. Muncaster: This letter is to inform you that on September 13, 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-88-54 was denied. Anyone aggrieved by a decision made by the Board can appeal the decision to the Circuit Court of Albemarle County within thirty days of the decision. If you have any questions, please contact our office. Sincerely, 0,446,4 A). iC Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-54 Reynovia Land Trust STAFF REPORT - VA-88-54 APPLICANT: Cill Creek Industrial Land Trust TAX MAP/PARCEL: 77/11D ZONING: PUD (Planned Unit Development) LOCATION: On north side of proposed collector road, off Rt 742 Avon Street Extd. The applicant is seeking a variance from Section 26. 10. 2 and 26. 10. 3 of the Albemarle County Zoning Ordinance, which states: H26. 10.2 Adjacent to residential districts: No portion of any structure, except signs advertising sale or rental of the property, shall be located closer than fifty (50) feet to any rural areas or residential district and no off-street parking space shall be closer than thirty (30) feet to any rural areas or residential district. For the heavy industry (HI) district, no portion of any structure except signs advertising sale or rental of the property shall be located closer than one hundred (100) feet to any rural areas or residential district and no off-street parking shall be closer than thirty (30) feet to any residential or rural areas district. (Amended 7-10-85) 26. 10. 3 Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in Section 32 .8. Except, the commission may waive this requirement in a particular case where it has been demonstrated that grading or clearing is necessary or would result in an improved site design, provided that: a. minimum screening requirements are met; and b. existing landscaping in excess of minimum requirements is substantially restored. " (Added 7-10-85) The applicant is requesting to construct a building within twenty-five (25) feet of a residential zoned property, which requires a twenty-five (25) foot variance. The applicant is also requesting to reduce the required buffer area of thirty (30) feet to zero (0) feet, a variance of thirty (30) feet. STAFF REPORT - VA-88-54 Page 2 The applicant proposes to erect five (5) buildings on the property to house warehousing uses. The applicant's property and the adjacent property were zoned (R-1) Residential until this property was rezoned to PUD. (Planned Unit Development) The PUD plan designates this area for industrial use, as proposed by the applicant. As to the variance from Section 26. 10. 3, the staff finds that the applicant should exercise the allowance of commission review for this type request, unless the applicant feels justified in requesting relief from the Board of Zoning Appeals since the request is for zero (0) buffer area with no screening provided. 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 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 Industrial. 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 be altered.