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HomeMy WebLinkAboutVA198800085 Action Letter 1989-01-11 • net,— ---k ,K;1117V„ 8 k. ®3i LIRGINIP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 11, 1989 Phillip D. Ryder Ryder Enterprises 1897 Seminole Trail Charlottesville, VA 22906 Re: Board of Zoning Appeals Action VA-88-85, Tax Map 45, Parcel 104A Dear Mr. Ryder: This letter is to inform you that on January 10, 1989 , during the regular meeting of the Albemarle County Board of Zoning Appeals, that the Board heard your application for VA-88-85. The Board ruled to grant your variance request from Section 21.7 . 1 to reduce the setback for a free-standing business sign from thirty (30) feet to five (5) feet, but to deny your variance request from Section 4 . 15. 3 . 6 to increase the area of the sign from fifty (50) square feet to sixty (60) square feet. 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 $19 . 32 . If you have any questions, please contact our office. Sincerely, Charles W. Burgess, Jr. Zoning Administrator CWBJr/st COPY cc: VA-88-85 Reading File Enc. STAFF REPORT - VA-88-85 APPLICANT: Ryder Enterprises TAX MAP/PARCEL: 45/104A ACREAGE: 2 . 038 acres ZONING: Commercial (C-1) LOCATION: Located on the east side of Route 29, +/- . 1 mile south of its intersection with Woodbrook Drive The applicant seeks a variance from Sections 4 . 15. 3 . 6 and 21.7 . 1 of the Albemarle County Zoning Ordinance, which states: "4 . 15. 3 Permitted Signs 4 . 15. 3 . 6 Commercial (C-1) Business Signs, Free-standing or Projecting: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed fifty (50) square feet; . . . . " "21.7 MINIMUM YARD REQUIREMENTS 21.7 . 1 Adjacent to public streets: No portion of any structure except signs advertising sale or rental of the property shall be erected closer than thirty (30) feet to any public street right-of-way . . . " The applicant proposes to erect a free-standing business sign and seeks a variance to increase the sign area from the maximum allowable area of fifty (50) square feet to sixty (60) square feet and to reduce the setback of the sign from the minimum required measurement of thirty (30) feet to one (1) foot. In reviewing the applicant's site development plan, it becomes apparent that the applicant has a difficulty in erecting a free-standing business sign without benefit of a setback variance. The problem is that the difficulty encountered is due to the fact that the parking area was located in front of the commercial structure with no consideration given for the future location of a free-standing business sign which could comply with the setback requirements. The applicant's only choices to erect the sign in compliance with the setback requirements would be to either delete a parking space or to locate the sign in the "green area" at the north side of the property. In reviewing the applicant's sign, it appears that the need for a variance for the sign area is due to the one (1) foot wide blank panel which is located below the business identification portion of the sign. Staff Report - VA-88-85 Ryder Enterprises Page 2 RECOMMENDATION The application should be denied for cause: 1. The applicant has not shown that a strict application of the Zoning Ordinance would cause 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 not generally shared by other properties in the general vicinity or same zoning district. 3 . The applicant has not shown that the granting of the variance request would not be of substantial detriment to the adjacent properties or that the character of the district would not be altered.