Loading...
HomeMy WebLinkAboutVA198800084 Action Letter 1989-01-12 STAFF REPORT - VA-88-84 APPLICANT - Bobby D. & Barbara Graves TAX MAP/PARCEL - 69/51 ZONING - RA (Rural Areas) ACREAGE - 27 . 660 (pt of) LOCATION - North side of Rt 250, +/- . 1 miles east of its intersection of Rt 6 The applicant is requesting 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. " "30. 5. 2 . 2 SA-HIGHWAY 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 requests a variance from the one hundred fifty foot setback requirement to locate a structure to house a country store and public garage at a fifty-five (55) foot setback, a variance of ninety-five (95) feet. The applicant has agreed to purchase a portion of parcel #51, or enough to establish the proposed county store and garage. Gasoline will be available at the site also. A couple of options were available to the applicant in the development of the property within the SA-Highway district: 30. 5. 6. 3 . 1 For a use where off-street parking facilities are required to accommodate more than two (2) motor vehicles, the commission may reduce building setback to not less than seventy-five (75) feet from the right-of-way of a designated scenic highway, provided that: a. All parking facilities shall be located on the rear side of the structures or buildings for which such exception is sought and that such parking facilities will be screened from view of such scenic highway; STAFF REPORT - VA-88-84 Bobby D. & Barbara Graves Page 2 The applicant has choosen to pursue the variance option because providing parking to the rear of the building is not acceptable or customary to a country store operation. If gas is offered at the site, then it is feasible that a canopy covering the gas pump area will be installed. Setback distance should be considered for both the canopy and building. RECOMMENDATION The application snoula ne aeniea tor 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 con- fiscation 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 Rural Areas. 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. �>RGI1��P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 12, 1989 Mr. J. B. Coffey Rt. 1, Box 39 Afton, VA 22920 Re: Board of Zoning Appeals Action VA-88-84, Tax Map 69, Parcel 51 Dear Mr. Coffey: This letter is to inform you that on January 10, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-88-84 was denied. 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 $15. 60. 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, Charles W. Burgess, Jr. Zoning Administrator CWBJr/st cc: VA-88-84 Enc. , STAFF REPORT - VA-88-84 Revised 1/9/89 APPLICANT - Bobby D. & Barbara Graves TAX MAP/PARCEL - 69/51 ZONING - RA (Rural Areas) ACREAGE - 27. 660 (pt of) LOCATION - North side of Rt 250, +/- . 1 miles east of its intersection of Rt 6 The applicant is requesting 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. " "30. 5.2 .2 SA-HIGHWAY 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 requests a variance from the one hundred fifty foot setback requirement to locate a structure to house a country store and public garage at a fifty-five (55) foot setback, a variance of ninety-five (95) feet. The applicant has agreed to purchase a portion of parcel #51, or enough to establish the proposed county store and garage. Gasoline will be available at the site also. A couple of options were available to the applicant in the development of the property within the SA-Highway district: 30. 5. 6. 3 . 1 For a use where off-street parking facilities are required to accommodate more than two (2) motor vehicles, the commission may reduce building setback to not less than seventy-five (75) feet from the right-of-way of a designated scenic highway, provided that: a. All parking facilities shall be located on the rear side of the structures or buildings for which such exception is sought and that such parking facilities will be screened from view of such scenic highway; STAFF REPORT - VA-88-84 Bobby D. & Barbara Graves Page 2 The applicant has choosen to pursue the variance option because providing parking to the rear of the building is not acceptable or customary to a country store operation. If gas is offered at the site, then it is feasible that a canopy covering the gas pump area will be installed. Setback distance should be considered for both the canopy and building. A proposed development drawing has been submitted, showing the gas pump island at 70+ feet, and the store building located 95+ feet beyond the front property line. The applicant cites the enbankment to the rear as reasons for locating the proposed structure at 95 feet, thus having the need to acquire a variance. Maintenance of the existing topography is the applicant's wish to develop at the proposed location. The staff certainly commends the applicant in the effort to develop with the land, and in preserving the natural environment. 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 clearly demonstrable hardship approaching con- fiscation 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 Rural Areas. 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.