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HomeMy WebLinkAboutVA198800083 Action Letter 1988-12-15 ���OF ALg��r O ® J`zA IRGI'X' COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 15, 1988 White, Benjamin B. , Etal. c/o Berkshire Associates 1897 Billingsgate Circle Richmond, VA 23233 Re: Board of Zoning Appeals Action VA-88-83 , Tax Map 61K, Parcel 6-B4 Dear Sirs: This letter is to inform you that on December 13 , 1988, during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to approve your variance request with the condition that no scrubbery or trees be cut down. This variance approval allows relief from Section 18 . 3 of the Albemarle County Zoning Ordinance to reduce the setback for a freestanding sign from the minimum required measurement of twenty-five (25) feet to ten (10) feet. If you have any questions, please contact our office. Sincerely, s& W. alpasorA Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-83 Sign Permit #5-88-60 STAFF REPORT - VA-88-83 APPLICANT: Berkshire Associates TAX MAP/PARCEL: 61K/6-B4 ZONING: PRD, Planned Residential Development LOCATION: West side of Route 743, +/- . 1 mile south of the intersection with Commonwealth Drive The applicant is requesting relief from Section 18. 3 of the Albemarle County Zoning Ordinance. Section 18. 3 states: "18. 3 Area and Bulk Regulations Yards - Minimum Front . . . . 25 feet The applicant is requesting a reduction of the front setback to allow the placement of a sign at a ten (10) foot setback, a variance of fifteen (15) feet. An existing wood sign metal support will be replaced by a wood sign with a brick base. Adjoining properties as well as adjacent ones are a mix of PRD, Residential, and HC (Highway Commercial) . Such a mixture of both a high density residential and commercial zoning provides a range of signs in the immediate area. The Board of Zoning Appeals approved a setback variance for Doss of Hydraulic Road Animal Hospital (VA-84-24) to locate a free- standing business sign (1) one foot from the road right-of-way. The staff shares the feeling that the applicant is trying to conform to the purpose of the sign ordinance in trying to create an attractive and harmonious community via the type of proposed sign. RECOMMENDATION The application should be denied for cause: 1) The applicant has not provided sufficient 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. 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 not be altered.