HomeMy WebLinkAboutVA198800087 Action Letter 1988-12-15 00,50,
Sti cf AL/344
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 15, 1988
Virginia Water Improvement Company
1821 Seminole Trail
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-88-87, Tax Map 45C, Parcel 02-3
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 grant your variance application.
This variance approval allows relief from Section 6. 4 . 1 of
the Albemarle County Zoning Ordinance to allow the aggregate
area of non-conforming wall signage which exists on the
property to be enlarged by forty (40) square feet.
If you have any questions, please contact our office.
Sincerely,
Caw.
•
Charles W. Burgess, J.r.
Zoning Administrator
CWBJr/st
cc: VA-88-87
Empire Management Company
STAFF REPORT - VA-88-87
OWNER: Empire Management Company
TAX MAP/PARCEL: 45C/02-3
ZONING: Planned Development - Shopping Center (PD-SC)
LOCATION: Southeast corner of the intersection of
Route 29 and Woodbrook Drive
The applicant seeks a variance from Section 4. 15. 3 .7 of the
Albemarle County Zoning Ordinance, which states:
"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's business is located in the Woodbrook Shopping
Center, which is a non-conforming Planned Development-Shopping
Center. The shopping center is non-conforming by virtue of being
in existence prior to the adoption of Section 25. 0 of the Zoning
Ordinance. The aggregate signage located on the property is in
excess of the two hundrd (200) square feet allowed. The applicant
desires to replace a ten (10) square foot wall sign with a fifty
(50) square foot wall sign. The Zoning Ordinance, in Section 6. 4
prohibits any expansion of a non-conforming use. This section
states:
"6.4 EXPANSION OR ENLARGEMENT
6.4 . 1 The use of any building or structure shall conform to
the provisions of this ordinance relating to the district
in which the same is situated whenever such building or
structure is enlarged, extended, reconstructed or
structurally altered. "
Staff Report - VA-88-87
Empire Management Company
Page 2
RECOMMENDATION
The application should be denied for cause:
1) The applicant has not provided 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 not generally shared by other properties in the
same zoning district and general vicinity.
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 not be affected.