HomeMy WebLinkAboutVA198800091 Action Letter 1989-01-19 L�
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
January 19, 1989
Mr. David G. Sutton
Box 1566
Charlottesville, VA 22902
Re: Board of Zoning Appeals Action
VA-88-91, Tax Map 61W, Parcel 02-B3
Dear Mr. Sutton:
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-88-91. The Board
ruled to grant your variance request from Section 21. 7 . 1 of the
Albemarle County Zoning Ordinance to reduce the setback for a
freestanding business sign from the minimum requirement of thirty
(30) feet to one (1) foot with the stipulations that the existing
sign be removed and no roof signs permitted on any buildings on
the property.
If you have any questions, please contact our office.
Sincerely,
Charles W. Burgess, Jr.
Zoning Administrator
CWBJr/st
cc: VA-88-91
Reading File
STAFF REPORT - VA-88-91
APPLICANT: Tiger Fuel Company
TAX MAP/PARCEL: 61W-02-B3
ZONING: C-1 (Commercial)
LOCATION: Northeast corner of the intersection of Rt 29
North and Greenbrier Drive
The applicant seeks relief from Section 21.7. 1 of the County
Zoning Ordinance, which states:
"21. 0 Commercial Districts - Generally
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 seeks relief from the required thirty (30) foot
setback requirement, to erect a freestanding business sign one (1)
foot from the road right-of-way, a variance of twenty-nine (29)
feet.
Reasons cited by the applicant for requesting the variance are;
the existing sign is closer to property line than proposed site,
30 foot setback would locate sign behind or under canopy, type of
business requires product and price sign to be in close proximity
to the traveling public, signage of competing locations are closer
than 30 feet, and alternative sign sites are less aesthetically
pleasing.
The applicant's site previously housed one (1) building, and the
business conducted on the property was a gas station with three
bays used for repair work and a wrecker service that utilized five
(5) vehicles.
The present development of the site will house three (3)
structures. A convenience store with gasoline sales, an oil and
lube service, and an automated car wash will be the use of the
three buildings.
The staff finds that considerable preparation was accomplished to
accommodate the buildings and necessary support facilities for the
development of the property as proposed. Development of the
property is in control of the applicant. The staff finds that
usage of the pre-existing signage, or certainly some consideration
should have been afforded to the future signage necessary for the
three uses to occupy the site.
The Board of Zoning Appeals granted a variance on November 15,
1983 to allow a structure (roof covering over gas pump islands) to
be located sixteen feet (16) feet from the road right-of-way, a
variance of fourteen (14) feet.
Staff Report - VA-88-91
Page 2
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--reequ.iremen thes i -s s--r l - f""'from
is._.sharred-by -a1. ,prope-rt es-- oned..,.. s.
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.