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HomeMy WebLinkAboutVA198900013 Action Letter 1989-04-12 3r R ® �Y J p �rlfi it N�� COUNTY OF ALBEMARLE DL,partmc'nt of Z onin 401 McIntiry Road Charlottesville, Virginia 22901-4596 0004) 296-5875 April 12 , 1989 Ivy Commons Partnership c/o Tim Michel St. 7-B 503 Faulconer Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action For VA-89-13 Tax Map 58A2 , Parcel 2C & Tax Map 58 , Parcel 84E Dear Mr. Michel: This letter is to inform you that on April 11, 1989 during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-13 was approved as submitted. This variance approval allows relief 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. If you have any questions, please contact our office. Sincerely, Andrew D. Evans Deputy Zoning Administrator ADE/st cc: VA-89-13 Planning Department J '` COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 11, 1989 Ivy Commons Partnership c/o Tim Michel St. 7-B 503 Faulconer Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action For VA-89-13 Tax Map 58A2 , Parcel 2C & Tax Map 58, Parcel 84E Dear Mr. Michel: This letter is to inform you that on May 9, 1989 during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to add the following conditions to VA-89-13 as follows: (1) The addition to the rear of the building be limited to eleven (11) feet along the rear, and (2) That the variance will not increase the occupancy rights of the existing motel . This variance approval allows relief 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 eleven (11) feet to allow construction of an addition to a commercial structure. If you have any questions, please contact our office. Sincerely, A drew D. Evans eputy Zoning Administrator ADE/st cc: VA-89-13 Planning Department 1145) - r o AL j,,t t'� !! .. �7kC�N�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 15, 1989 Ivy Commons Partnership c/o Tim Michel St. 7-B 503 Faulconer Drive Charlottesville, VA 22901 Re: Board of Zoning Appeals Action For VA-89-13 Tax Map 58A2 , Parcel 2C & Tax Map 58 , Parcel 84E Dear Mr. Michel: This letter is to inform you that on May 9, 1989 during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to add the following conditions to VA-89-13 as follows: (1) The addition to the rear of the building be limited to eleven (11) feet along the rear, and (2) That the variance will not increase the occupancy rights of the existing motel. This variance approval allows relief 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. If you have any questions, please contact our office. Sincerely, / /-)AL/ // ' ✓✓ Andrew D. Evans Deputy Zoning Administrator /DE/st cc: VA-89-13 Planning Department CORRECTED COPY /.:. A4- 7, r 1 1I'U •'.N 11\J V COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville. Virginia 22901 Telephone 296-7138 ;.AMES M BOWLING Ik GEORGE R ST JOHN _.t_T. co,_T, A oRti May 11, 1989 COLNT1 AFfO \; Miss Lettie E. Neher, Clerk Albemarle County Board of Supervisors County Office Building 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Board of Supervisors v. Ivy Commons Partnership (Our File #ACPZ 89-883 ) Dear Estelle : On May 3 , 1989 , the Board of Supervisors directed me to appeal the granting of a variance by the BZA to Ivy Commons Partnership, designated VA-89-13 , unless two conditions were met. On May 9 , 1989 , at the regular meeting of the BZA, the applicant and the BZA agreed to those conditions and they were formally incorporated as conditions to the variance. Therefore , I am not going to appeal the matter and I consider it closed. Sincerely yours, Ali*/ - George . St. John County Attorney GRStJ/tlh cc : Ms. Sharon Taylor STAFF REPORT - VA-89-13 Corrected 4/24/89 APPLICANT: Ivy Commons Partnership TAX MAP/PARCEL: 58 (A) 2-2C and 58-84E ZONING: C-1 (Commercial) LOCATION: Located on the N. side of St. Rt 250, . 1 mile west of its intersection with St. Rt 678 The applicant requests relief from Section 21.7 . 2 of the Albemarle County Zoning Ordinance, which states: "21.7 MINIMUM YARD REQUIREMENTS 21.7. 2 Adjacent to the residential and rural areas districts: No portion of any structure except signs advertising sale or rental of the property shall be located closer than fifty (50) feet to any residential or rural areas district. No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district. " (Amended 7-10-85) The applicant is requesting a reduction from the required fifty (50) foot setback to enlarge an existing structure to be located twenty-five (25) feet from the adjoining Village Residential zoned property, a variance of twenty-five (25) feet. Properties known as County Tax Map 58, Parcel 84A, and Parcel 2C on map 58A(2) were rezoned from VR (Village Residential) to C-1, Commercial under petition ZMA 88-14 , on October 19, 1988 . Parcel 2C, Map 58A(2) provides both area to expand the structure and somewhat provides the needed area to buffer the commercial structure from the residential zoned property. When a structure (non-conforming) is expanded, enlarged, extended, or reconstructed, it shall conform to the provisions related to the district in which the structure is so located. It is apparent that the applicant found it necessary to add and/or acquire additional property to attempt a proposal of adding to the rear of the existing structure. *The front portion (approximately half) of the property is subject to Zone B- shown on HUD flood insurance rate maps, relating to possible flooding. Easement restrictions pertaining to parking and ingress and egress exist on the eastern portion of the property. The property is located within the Scenic Overlay District which has a one hundred fifty (150) foot setback requirement. The present building front is located approximately one hundred thirty-five (135)+ feet from St. Rt. 250 west. *Correction: The front portion (approximately half/50% of the property abutting Rt 250) (a depth of 50 ft. ) is subject to Zone B-shown on HUD Flood insurance rate maps, relating to possible flooding. STAFF REPORT - VA-89-13 Ivy Commons Partnership Page 2 The following comments are offered to the Board of Zoning Appeals in consideration of the requested application: A) It is not clearly demonstrated that an undue hardship exists with the request. Additional land was apparently added to even approach the concept of adding an addition to the existing building (rear) . It should be established by the applicant that the hardship is not self-created, that the status of the more restrictive zoning on the abutting property has changed, that any improvements may require relief from certain restrictions, and that the variance is not solely to permit a more profitable use. B) It might be said that other properties share some similar circumstances. The adjacent property had to deal with the requirements of the Scenic Overlay District. Other properties in the immediate vicinity have been subject to the requirements relating to setbcks for structures and signs. C) It is very difficult to speak to whether or not the granting of relief of the specific requirement will be of detriment to the adjacent property or that the character of the district will be changed. The Board of Zoning Appeals must be cognizant of all the facts presented by all parties, if they are to render an appropriate decision. STAFF REPORT - VA-89-13 APPLICANT: Ivy Commons Partnership TAX MAP/PARCEL: 58 (A) 2-2C and 58-84E ZONING: C-i (Commercial) LOCATION: Located on the N. side of St. Rt 250, . 1 mile west of its intersection with St. Rt 678 The applicant requests relief from Section 21. 7. 2 of the Albemarle County Zoning Ordinance, which states: "21.7 MINIMUM YARD REQUIREMENTS 21.7. 2 Adjacent to the residential and rural areas districts: No portion of any structure except signs advertising sale or rental of the property shall be located closer than fifty (50) feet to any residential or rural areas district. No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district. (Amended 7-10-85) The applicant is requesting a reduction from the required fifty (50) foot setback to enlarge an existing structure to be located twenty-five (25) feet from the adjoining Village Residential zoned property, a variance of twenty-five (25) feet. Properties known as County Tax Map 58, Parcel 84A, and Parcel 2C on map 58A(2) were rezoned from VR (Village Residential) to C-1, Commercial under petition ZMA 88-14, on October 19, 1988 . Parcel 2C, Map 58A(2) provides both area to expand the structure and somewhat provides the needed area to buffer the commercial structure from the residential zoned property. When a structure (non-conforming) is expanded, enlarged, extended, or reconstructed, it shall conform to the provisions related to the district in which the structure is so located. It is apparent that the applicant found it necessary to add and/or acquire additional property to attempt a proposal of adding to the rear of the existing structure. The front portion (approximately half) of the property is subject to Zone B- shown on HUD flood insurance rate maps, relating to possible flooding. Easement restrictions pertaining to parking and ingress and egress exist on the eastern portion of the property. The property is located within the Scenic Overlay District which has a one hundred fifty (150) foot setback requirement. The present building front is located approximately one hundred thirty-five (135) + feet from St. Rt. 250 west. STAFF REPORT - VA-89-13 Ivy Commons Partnership Page 2 The following comments are offered to the Board of Zoning Appeals in consideration of the requested application: A) It is not clearly demonstrated that an undue hardship exists with the request. Additional land was apparently added to even approach the concept of adding an addition to the existing building (rear) . It should be established by the applicant that the hardship is not self-created, that the status of the more restrictive zoning on the abutting property has changed, that any improvements may require relief from certain restrictions, and that the variance is not solely to permit a more profitable use. B) It might be said that other properties share some similar circumstances. The adjacent property had to deal with the requirements of the Scenic Overlay District. Other properties in the immediate vicinity have been subject to the requirements relating to setbcks for structures and signs. C) It is very difficult to speak to whether or not the granting of relief of the specific requirement will be of detriment to the adjacent property or that the character of the district will be changed. The Board of Zoning Appeals must be cognizant of all the facts presented by all parties, if they are to render an appropriate decision.