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HomeMy WebLinkAboutVA198900013 Application 1989-03-01 , a April 10 , 1989 • Mr. Andrew Evans Deputy Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville , VA 22901 Dear Mr. Evans , Thank you for your letter which arrived this morning. There are several errors which I would like to clarify. First , the HUD flood map shows a small area in the southeast corner of the property to be possibly subject to flooding. The area amounts to about 5% of the property, not 50% and is unuseable anyway due to its proximity to the road. Second, the strip of land to the rear was part of the original purchase of the property. So it was not added or acquired with the intent of adding to the building. To my knowledge that strip has been part of the motel property for at least 30 years . I did have a portion of the strip rezoned to Commercial in October. However , as I understand it , I could have made the current variance request anyway as there is enough land behind the motel for an addition. For all the above reasons , I do not feel the hardship was self-created. Indeed , any hardship has always existed due to the location of the motel building itself. Mr. Mahanes and the operator of Duner' s Restaurant , the adjacent property owners , are aware of the request and voiced no opposition to me. Truly yours , Timothy M. Michel TMM: cdy i.)?mitiviq 1, APR 10 1989 ALBEMARI.E COUNTY ZONING DEPARTMENT 7"74514 7414 7e ./1171',7-P-i-ice_, A 400, xi-k) -7Z4' 7/ 7f-e71 ,e0 74- A-1/f • r -7e 4/ / 7,/ez-e 0A, r 4-14wA-,) h-,-) 4 (fr fZ-• / - 4t4 ALBEMARLE COUNTY I ( : I ,/ - - . z 2. \"4 E• x /2..."......"---—....\\\ \ ram— J: i' 15— \ / I' 18 // R,:T.----' ›.......7.°.' 24 -. 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''' '\L#•'1-1 7 4 SCALE IN FEET M ,.. 1. .4.• SAMUtL MILLER DISTRICT SECTION 58 ... — •________ 01.11CIIIII= bagamlinc_______ DRAFT COPY MINUTES OF ALBEMARLE COUNTY BOARD OF ZONING APPEALS April 11, 1989 The Albemarle County Board of Zoning Appeals held a public hearing on Tuesday, April 11, 1989, in Meeting Room #7 , Second Floor, County Office Building, Charlottesville, Virginia. Those members present were: William L. Rennolds, Carl Van Fossen, Jacquelyn Huckle, Richard Cogan, and Max C. Kennedy, Chairman. Other officials present were: Andrew D. Evans, Deputy Zoning Administrator; George St. John, County Attorney; Sharon Taylor, Recording Secretary. The Chairman called the meeting to order at 3 : 00 p.m. and established that a quorum was present. He stated that anyone aggrieved by a decision made by the Board could appeal the decision to the Circuit Court of Albemarle County within thirty days of the decision. The first application before the Board was VA-89-13 , Ivy Commons Partnership. Mr. Evans read the staff report. VA-89-13 . Ivy Commons Partnership, property known as tax map 58, parcel 84E and tax map 58A2 , parcel 2C, located on the north side of Rt. 250, +/- . 1 mile west of its intersection with Route 678 , zoned C-1. The applicant seeks a variance from Section 21. 7 . 2 of the Albemarle County Zoning Ordinance to reduce the building setback from an adjacent residential property from the minimum required measurement of fifty (50) feet to twenty-five (25) feet to allow construction of an addition to a commercial structure. (See the attached copy of the staff report. ) Mr. Evans stated that he had received two phone calls from Ruth Gibson and Carolyn Batten, who were adjacent property owners. He stated that Ruth Gibson stated she would be unable to come to the meeting because of a doctor's appointment, but did oppose any change in the development of the property or use of the property that would require a variance, and asked that the residential April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 2 property be protected. He stated that Mrs. Batten stated that due to a previous engagement she could not attend the meeting, but wanted to voice her opposition to the variance. He stated that he had made a map to show the Board where Mrs. Gibson's and Mrs. Batten's property were in relation to the motel. Tim Michel, a partner of Ivy Commons Partnership, stated he had a poster for the Board's review, and a letter which he had given to Mr. Evans yesterday about the floodplain. He stated that the HUD 100-year flood plain actually amounts to 5 percent of the property down along Route 250. Mr. Kennedy stated that the Board had the plat and letter. Mr. Michel stated that he had not talked with Mrs. Batten, but had talked with Mr. Batten who had no concerns at all as long as they didn't plant trees. He stated that obviously he needed to talk with her as well. He stated that this motel in Ivy, unless it was successfully renovated, might not make it. He stated there were twenty-one rooms which were very small, and it was his preference to keep the buildings that were there, but the problem was that the motel was only 20 feet deep. He stated that if you look at any sort of retail even something like a dentist office, they cannot deal with the 20 foot depth because it was not enough space unless you go linearly along the motel from room to room. He stated that he had talked with Mr. Batten who had no concerns unless he planted trees in front of his property since his house sat about 25 feet above the motel itself. He stated that there was room to expand the motel in the back, and what he was asking for was 11 feet all along the back of the existing motel. He stated that it would be about 5 feet at the western end that would go into the little strip of land, which had been a part of the motel property for a long time. He stated there was no intention to go any further than that and the reason they ended up with 25 feet was that the strip in the back varies and the building is tilted so that at one point on the western end it would be 25 feet and on the eastern end toward Duner's would be more in the neighborhood of 31 feet away from Mr. Battens property. He stated that the reason for the variance was to basically keep the motel, since he did not want to tear it down. He stated that he understood that it would be over 20 feet from the back all the way along so that the landscape buffer requirements could be met, and if the Board wanted to define what that strip behind the motel was April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 3 a little bit more, that he was willing to do that. He stated that the 25 feet really relates to how these lines are jogging along the back. Mrs. Huckle asked if this was the little strip he was talking about? Mr. Cogan stated that the long strip in the back was parcel 2C, which had been rezoned to C-1. Mr. Michel stated that was correct. He stated that as Mr. Evans had explained that he was concerned that in the future that someone could come back because of the C-1 zoning and put a commercial building right up against the Village Residential zoning, which would not make sense due to the slope of the land and their plans. He stated that they wanted to extend the building out 11 feet all the way down the back. Mr. Rennolds asked if he would make each room larger? Mr. Michel stated that he would make the building larger, but it probably would not be a motel. Mrs. Huckle asked if it was going to be offices? Mr. Michel stated that the people he was talking with were office users such as a travel agency, dentists, possibly a doctor's office, and a wine and cheese shop. Mrs. Huckle asked what the other little building would be used for which was currently the office? Mr. Michel stated that he was not sure at this point and was trying to decide, but if the variance were granted then he knew that an addition could be added onto the back of the structure. He stated that he still had to accommodate the parking and the other County regulations. Mrs. Huckle asked if the building went with the property? Mr. Michel stated that it was part of the property right now. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 4 Mr. Cogan asked if he had reviewed the staff report? Mr. Michel stated that he had. Mr. Cogan stated that the staff report for A, B, and C had some unanswered questions. He asked if he wanted to address any of those? Mr. Michel stated that he thought that #1 was incorrect since he did not add anything and that parcel 2C had always been there for a long time. He stated his understanding was that if there was a hardship here it was the hardship where they placed the motel in the first place toward the back of the line. He stated that he did not create a more difficult problem than previously existed, and he did not quite understand #1. Mr. Rennolds asked when he purchased the property? Mr. Michel stated the property was purchased in October. Mrs. Huckle asked when the additional land was added? Mr. Michel stated that the additional land came with it, and there were three parcels with the motel which had been there for thirty or more years. Mr. Rennolds asked if it was currently being operated as a motel now? Mr. Michel stated that it had been closed for the winter. Mr. Evans stated that the complexity of parcel 2C changed when he had it rezoned since it was Village Residential previously. He stated that the little strip and the adjacent piece were rezoned to C-1, Commercial, which therefore changed the so called existing buffer which was diminished. He stated that the 30 foot buffer was wiped out, and if he wanted to tear down the existing building and build a new structure with a new site plan, then under the BOCA Building Code with variances of course, he could build right on the property line. He stated that he wanted to add 11 feet to the existing building, but the situation of that property line being right where the end of the building was, moved it back 30 feet because you moved that zoning line from here back to here. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 5 Mr. Michel stated that after Mr. Evans explained that yesterday that he would like to proffer not to do anything within that 25 feet if the variance was granted, if the Board had that power. He stated that Mr. Evans was worried about the future, but given the topography he could not imagine limiting it further. Mr. Kennedy stated that the Board would be looking at the one parcel with the motel on it. Mr. Evans stated that the Board would have to look at 2C because that was a part of the property and he was using that as a buffer. Mr. Van Fossen stated that the new construction would go over into that new parcel. Mr. Michel stated it would only be on the western end just a little bit. Mr. Van Fossen stated that the structure would be on two different parcels. Mr. St. John stated that he remembered the rezoning before the Board of Supervisors, but there was a piece of land that was not shown on the plats which was to the west of the motel property which was rezoned to commercial from VR. Mr. Michel stated that it was RA. Mr. St. John stated that at the same time this little oblong strip, parcel 2C, was rezoned from VR to commercial . He stated that the motel and that little strip had always been under common ownership for years and years, but they were zoned differently. He stated that Bill Roudabush was the representative and came and asked for this rezoning of this strip to C-1 for the very reason that while it was zoned VR you had a buffer requirement which extended southward into the motel property, and the motel as it existed without any addition at all was in violation of that setback and they wanted to bring it into a conforming use instead of a nonconforming/grandfather use for setback. He stated that this would do that because the setback was from the boundary between commercial property and residential property. He stated that when you rezoned the strip from VR to commercial the setback boundary becomes the northern boundary of that strip rather than the northern boundary of the motel property. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 6 Mr. Michel stated that he was still in violation because it was grandfathered property. Mr. St. John stated that the eastern corner was in violation by some extent and the western corner was more in violation. He stated that by this variance he would still be 11 feet more in violation of the setback, but you would not be as much in violation as you were before that original rezoning. Mr. Michel stated that was correct. Mr. Kennedy asked if they considered this whole parcel as C-1, and what the setback for C-1 was? Mr. St. John stated that commercial buildings must be setback 50 feet from adjoining residential property. Mr. Evans stated that he would not have a setback since it was only when you have a commercial piece of property abutting a piece of Village Residential which requires 50 feet between the two zones. Mr. St. John stated that they did not call it a buffer but actually a setback which was really for the same purpose. He stated that he did not understand the staff's concern as long as Mr. Batten's property remained zoned VR, since there was no way you could build a commercial building right up against the boundary line. Mr. Van Fossen stated not unless you received a variance. Mr. St. John stated that the boundary line between Batten's and this operation was the northern most line on the picture. Mr. Cogan stated that it was not all that confusing since it was a simple fact. He stated that what Mr. St. John was trying to say was that before this long strip was rezoned commercial the motel was in violation because actually part of it was on VR land, so once this became C-1 that increased the setback which was still not enough. He stated that currently there was not enough setback to comply with the ordinance just the way the motel sets now. He stated that the applicant was asking for 11 more feet in violation of the ordinance. He stated that it was as simple as that. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 7 Mr. Van Fossen stated that it was an additional factor that this was still in the Scenic-Highway Overlay so they could not come forward. He stated that if he changed this from the motel to office, then he would still have to comply with the parking requirements. He asked if he was going to have to come into that overlay to get a variance on the parking or other things. Mr. Evans stated that was a question which he could not answer since it depends on what he was going to put in there. He stated that he was only required to meet a 50 foot setback on the parking, but again he would have to meet a setback if he put the parking in the rear. He stated that he did not want to make it any more complicated, but the existing motel structure was only 135+ feet, so you either have to go forward or to the rear. He stated they would have to violate the ordinance either way he goes. Mr. Kennedy stated only if he makes any changes. Mr. Michel stated that their preference was to go to the rear. Mr. Kennedy stated that they should look at this as one whole parcel zoned C-i requiring a 50 foot setback from the northern part along with these other things. Mr. St. John stated that they should look at that and apply the statutory critera down the list. Mr. Kennedy asked if there were any more questions of the applicant? Mr. St. John stated that there was one more thing that you would have to consider in a case like this. Mr. Kennedy asked if the new strip or 2C seemed to run over behind Duners? He asked if that would have an effect on Duner's? Mr. Michel stated that the property directly behind Duner's was not rezoned and was still VR, which he owned. Mr. Kennedy stated that he did not want anyone coming in later thinking that they had a variance for that particular strip. He stated that the property on the western side was zoned C-1, and asked his plans for that property? Mr. Michel stated that he was trying to put in a bank. Mr. Kennedy asked if there was anyone present in opposition? There being no further comment, the matter was placed before the Board. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 8 Mr. St. John stated that the statutory critera ought to be what they should follow in this case. He stated they ought to be aware that if you have so many setbacks like the Scenic-Highway setback in the front and the residential setback in the rear, it just makes it virtually impossible or impractical to do anything reasonable or to make any reasonable improvements to this property that was something to consider. He stated that something had to give there if you have so many setbacks that the owner was bound hand and foot to do nothing except to stick with this pre-existing non-conforming use which he says is obsolete. He stated that was left up to your judgement to whether that was tantamount to a taking of property or if he doesn't have any reasonable use that he can make of it without some variance of a setback or other. Mr. Kennedy stated that his point was that if this was raw land we would still have to grant some variance because of the 150 foot scenic setback. Mr. Van Fossen stated that would be the case with his other lot because he will not be able to put a building on that without a variance. Mr. Cogan stated that the property had 200 feet of depth, and had a 150 foot setback in the front and a 50 foot setback in the back. Mr. Van Fossen stated that it was crucial that the village of Ivy be sustained and if this motel could not make it, then that was a hardship, and he thought the applicant had a hardship because you cannot move one way or the other on this property to revitalize the property. He moved that the variance be granted. Mr. Cogan seconded the motion. Mr. Kennedy asked if he wanted to place any conditions on the approval? Mr. Van Fossen stated no, just that nothing would infringe on the back area which he said that he would not do anyway. Mr. Kennedy stated that it had been moved and seconded that the application be approved as submitted. Mrs. Huckle stated that he offered to leave a 25 foot setback. April 11, 1989 Minutes of Albemarle County Board of Zoning Appeals Page 9 Mr. Kennedy stated that was not a part of the motion, that he just volunteered that he would not interfere with Mr. Batten. Mr. Cogan stated that he would still be covered by the same regulation and would be covered by the site plan. Mr. Kennedy asked if the Board wanted to accommodate Mr. Batten in the motion by stating that trees could not be put in to interfere with Mr. Batten's house. Mr. Cogan stated that when the site plan was submitted they might make him put trees in there. Mr. Van Fossen stated that was contrary to what they had normally done. He stated that he would rather leave that to site plan review. The role was called. Mr. Rennolds - No (In view of the fact that there was a conflict in the Scenic Highway in the front and residence in rear. ) Mrs. Huckle - No (Due to the fact that it was sort of a convenience and that a business had been there in the past. ) Mr. Van Fossen - Aye Mr. Cogan - Aye Mr. Kennedy - Aye Mr. Kennedy stated that it passed 3 to 2 . Niel A \ITA q ----G OY Lg�' FILE NUMBER APPLICATION FOR: _6�1 1 � 9� �� Q (check one) , = 1111.r2&,-1 [ r , /Zl ,7 © VARIANCE t� DATEUBITTE ,Ii❑ SPECIAL USE PERMIT $ • 770 , - FEE PAID (see reverse) ❑ REZONING kinGI1`� - * ❑ ZONING TEXT AMENDMENT ❑ MOBILE HOME DATE OF PRELIM CONF. ❑ HOME OCCUPATION ❑ ACCESSORY TOURIST LODGING ST FAT PRELIM. CONF. OWNER (as currently listed in Real Estate) Day L ) 29.�� 121 Name Iv Commons Partn r h' PhoAddress St . 7-B 503 Faulconer Drive , Charlottesville , VA 979901 APPLICANT (if different from owner) pay hone (_) • Name Address CONTACT PERSON (if different from above) phone ( 809 295- 1131 Name Tim Michel Address St . 7-B 503 Faulconer Drive , Charlottesville , VA 22901 LOCATION: Villa e of Iv TAX MAP/PARCEL NUMBERS (use reverse if needed) - - 1. 5$ i_ _ 2 _ - Excel ( _ - 3.Z. - - - 58_ - Parcel 84E 4. - EXISTING ZONING C-1 PROFFERED? Yes X No _ Acreage if different . 269 DESIRED ZONING C-1 PROFFERED? Yes _ No X Acreage if different 1 . 393 EXISTING USE Motel PROPOSED USE OfLig. /Retail ORDINANCE SECTION(S): ,.... v; �t;,,o� motel by DESCRIPTION OF REQUEST: And nt w' �e� to enlarge t�LC e� _ buildin on 11 f fwardof a h rlara rod f lwnll r he asoa hhovariance Ade uate lands a bu f r re uested is to lessen th 0mmfr ial mb hld.in back from had. d area shown. villa "residential from 50 feet to JUSTIFICATION FOR REQUEST: x' r re is randfathered . Landscape b fifer will rema' n. Th w 'v r r u in ilvl have vemartation kedl less im alternativet on S -ni Ro - 2 1 W- and. h-Ilinffiggi� �' �� b ' ,v, c2 � d.-v-loam-n /.. / 2 1 J ' ' - �. AA.. a. . h • The foregoing information is complete hand co e provisions to oft e best ofr my County e knowledge. I have read and a Zoning Ordinance ap o t •-s' application. / D � ate , J , 198' • Signed `/ er, ontr ct Purchaser, Agent) VA-89-13 . Ivy Commons Partnership (owner) , property known as tax map 58, parcel 84E and tax map 58A2 , parcel 2C, located on the north side of Rt. 250, +/- . 1 mile west of its intersection with i Route 678, zoned c-1. The applicant seeks a variance from Section I 21.7 . 2 of the Albemarle County Zoning Ordinance to reduce the building setback from an adjacent residential property from the minimum required measurement of fifty (50) feet to twenty-nine ti.J (29) feet to allow construction of an addition to a commercial structure. O Board of Zoning Appeals Late: "- _t iL 1� accwl f`",vr ' ._4�. ' /!�� ei j l�?'�t. _� , g 7 `r / cs) C. 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