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HomeMy WebLinkAboutVA198900019 Action Letter 1989-04-14 • .s 4OF 9 �IRciN�a COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 14, 1989 Aldersgate United Methodist Church c/o Raymond S. Webster 330 Dover Road Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-19, Tax Map 61, Parcel 129B Dear Mr. Webster: 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-89-19 was approved. This variance approval allows relief from Section 21. 7 . 1 of the Albemarle County Zoning Ordinance to reduce the setback for a freestanding sign from the minimum required measurement of thirty (30) feet to one (1) foot. If you have any questions, please contact our office. Sincerely, An ew D. Evans D puty Zoning Administrator ADE/st cc: VA-89-19 STAFF REPORT - VA-89-19 APPLICANT: Aldersgate United Methodist Church TAX MAP/PARCEL: 61/129B ACREAGE: 3 . 659 ZONING: CO (Commercial Office) LOCATION: Located at 1500 Rio Road, adjacent to the eastern entrance/exit of Fashion Mall and directly across from Bonanza on Rio Road The applicant request relief from Section 21. 7. 1 of the Albemarle County Zoning Ordinance which states: "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 applicants request a variance from the required thirty (30) foot setback, to allow the proposed sign to be located one (1) foot from the road right-of-way, requiring a twenty-nine (29) foot variance. A new (proposed) sign which is a reader board (enclosed with glass) , internally lighted will replace a wooden "T"-type sign at the "almost" same location on the site. In fact, the proposed sign has already been so located at the requested setback. To the best of the staff's knowledge, by means of general staff memory and records, no approval of the "older" sign and setback can be found. The applicant list as general information to the Board, other precedence as basis for granting approval of their request. As the Board is aware, each particular case should rest on its own merits and cannot be found to be so similar in respects to other variances, if so, the ordinance requirements should be reviewed and possibly amended to make the requirement more workable. The following is offered as comments to the application request: A) A strict application would produce a hardship on the applicant, but mostly in a monetary sense. Additional manual labor, and costs thereof will be involved in the removal of the new sign and replaced with the "other" wooden sign. Not much can be said for an undue hardship when something is placed and you cannot explain the circumstances, but that it happened. The staff is very sympathetic toward the applicant in all respects regarding assumable information and so forth. Staff Report - VA-89-19 Aldersgate United Methodist Church Page 2 B) You might say that a particular hardship is not shared by other properties in the same zoning district, because the travel way in front of the church is located on the four lane segment of Rio Road, and not like the majority of the referenced properties that have received consideration in regard to their properties. In agreement with the letter from the Planning Department the staff suggest that by all means any consideration given to the subject application, that the Va. Department of Transportation certainly be contacted to make specific comments in regard to the present and future status of St. Rt. 631 (Rio Road) at the applicant's property location. Motorist traveling west on St. Rt. 631 (Rio Road) have limited sight access to the front portion of the applicant's property due to the existence of a row or tree line located on the adjacent property (east side) . Travel speed of forty (40) mph makes it difficult to view the sight approaching the four-lane segment of Rt 631. C) Whether or not the granting of the requested variance would have any detriment to the adjacent properties, and that the character of the district will be changed, is an important question. The western bordering property is undeveloped, the eastern property accommodates a building housing equipment for telephone service and communication, and an on-site mirco-wave tower. On the opposite side of Rt 631 (Rio Road) is located a commercial establishment, a Bonanza Restaurant. Only two (2) signs are in the immediate area which are an entrance sign to Fashion Mall, and Bonanza Restaurant. If any detriment would be felt, it would likely be the commercial establishment, which is required to meet the thirty (30) foot setback also.