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HomeMy WebLinkAboutVA198800062 Action Letter 1988-01-19 e•aaa" e^"- taibmir, loo COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 19, 1989 Riverliend Limited Partnership c/o Don Wagner P. O. Box 5526 Charlottesville, VA 22905-5526 Re: Board of Zoning Appeals Action VA-88-62 , Tax Map 78, Parcel 17G Dear Mr. Wagner: This letter is to inform you that on January 17, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board heard your application for VA-88-62 for the wall sign request. The Board ruled to grant your variance request from Section 4 . 15. 3 . 7 of the Albemarle County Zoning Ordinance to increase the area of wall signs allowed from the maximum allowable sign area of two hundred (200) square feet subject to the following conditions: 1. That each tenant be allowed one (1) business wall sign. 2 . That the wall sign area for each tenant be determined on the basis of one and five-tenths (1.5) square feet of sign area per linear foot of business frontage. 3 . That the maximum sign area for any one tenant shall not exceed two hundred (200) square feet, and all signs together shall not exceed 2 , 100 square feet. Riverbend Limited Partnership January 19, 1989 Page 2 4 . If the new zoning ordinance is enacted pertaining to signs in the PD-SC prior to all signs being erected, that any signs to be erected after the enactment of the new ordinance shall comply with the new ordinance. 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 $13 .97. If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-62 Reading File Enc. STAFF REPORT - VA-88-62 APPLICANT: Riverbend Limited Partnership TAX MAP/PARCEL: 78/17G ZONING: Planned Development-Shopping Center (PD-SC) ACREAGE: 5.26 Acres LOCATION: Riverbend Shopping Center The applicant seeks a variance from Section 4. 15. 3 .7 of the Albemarle County Zoning Ordinance, which states: "4 . 15. 3 Permitted Signs 4 . 15. 3 .7 Planned Development Shopping Center (PDSC) , Business sign, wall: provided (a) if illuminated, no moving, flashing, blinking, color changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area for all such signs shall not exceed two hundred (200) square feet . . . " The applicant's request to increase the aggregate area of wall signage allowed in a Planning Development-Shopping Center was originally before the Board of Zoning Appeals at a public hearing held on September 13, 1988. The Board of Zoning Appeals decided on that date that no action would be taken on the request as the request was of such a reoccurring nature that an amendment to the Zoning Ordinance was necessitated. The Zoning and Planning department staffs are at present formulating proposed changes to the sign section (Section 4 . 15) of the Zoning Ordinance. It will however, be at least six (6) months before the proposed amendments will be before the Board of Supervisors. In the interim period, signage issues, such as the applicant's, must be resolved. The applicant does possess a hardship in that the Zoning Ordinance does not provide for adequate signage for the shopping center. The applicant at present has a commercial structure which needs only to have interior work performed for prospective tenants, however, no signage is available for these tenants to advertise the location of the business. RECOMMENDATION The staff recommends that the applicant be granted relief, in accordance with the sign requirements which will be recommended in the text amendment for properties zoned Planned Development-Shopping Center (PD-SC) . These recommendations are: 1) That each tenant be allowed one (1) business wall sign. 2) That the wall sign area for each tenant be determined on the basis of one and five tenths (1.5) square feet to sign area per linear foot of business frontage. 3) That the maximum sign area for any one tenant shall not exceed two hundred (200) square feet. STAFF REPORT - VA-88-62 APPLICANT: Riverbend Limited Partnership TAX MAP/PARCEL: 78/17G ZONING: Planned Development - Shopping Center (PD-SC) ACREAGE: 5. 26 acres LOCATION: Riverbend Shopping Center The applicant seeks a variance from Section 4. 15. 3 .7 of the Albemarle County Zoning Ordinance, which states: "4 . 15. 3 Permitted Signs 4. 15. 3 .7 Planned Development - Shopping Center (PD-SC) Business Sign, Wall: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of all such signs shall not exceed two hundred (200) square feet; . . . . " The applicant seeks a variance to increase the aggregate area of wall signage allowed in the Riverbend Shopping Center from the maximum allowable area of two-hundred (200) square feet to two thousand sixty-three (2063) square feet. As the Zoning Ordinance is currently written, a property zoned PD-SC is allowed two hundred (200) square feet of aggregate wall signage. Previous Zoning Administrators have recognized this limitation and have made interpretations which allowed an increase in the wall signage for properties zoned PD-SC. In 1983 , the Zoning Administrator determined that for Phase I of the Riverbend Shopping Center, wall signage would be allowed on the basis of one and five tenths (1.5) square feet of wall signage being allowed per linear foot of store frontage. Also under this determination, no individual business could have wall signage in excess of two-hundred (200) square feet. This process for determining the wall signage allowed for properties zoned PD-SC appears to be reasonable and equitable. The staff's concern is that the problems with wall signage that confronts the Riverbend Shopping Center is germane to other PD-SC properties. This fact leads to the conclusion that an amendment to the Zoning Ordinance is needed to alleviate the hardship incurred by businesses located on PD-SC properties. This being the case, it may not be possible for the Board of Zoning Appeals to entertain the applicant's request as per Section 34 .2 of the Albemarle County Zoning Ordinance, which states: Staff Report - VA-88-62 Riverbend Limited Partnership Page 2 "34. 0 Board of Zoning Appeals 34 .2 Powers and Duties of the Board of Zoning Appeals No variance shall be authorized unless the Board of Zoning Appeals finds that the condition or situation of the concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. " In the event the Board of Zoning Appeals determines that the applicant's request can be acted upon at this time, the staff is supportive of the request and recommends that the variance be approved.