HomeMy WebLinkAboutVA198900025 Action Letter 1989-05-09 011
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
May 10, 1989
Stop In Food Stores, Inc.
Attn: Tom Turner
P. 0. Box 12063
Roanoke, VA 24022-2063
Re: Board of Zoning Appeals Action
VA-89-25, Tax Map 61W-03 , Parcel 12
Dear Mr. Turner:
This letter is to inform you that on May 9, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-89-25 was denied.
Anyone aggrieved by a decision made by the Board can appeal
the decision to the Circuit Court of Albemarle County within
thirty days of the decision.
If you have any questions, please contact our office.
Sincerely,
A rew D. Evans
eputy Zoning Administrator
ADE/st
cc: VA-89-25
STAFF REPORT - VA-89-25
APPLICANT: Whiting Oil Company, Inc.
TAX MAP/PARCEL: 61W-03/12
ZONING: C-1 (Commercial)
LOCATION: Located on the southwest corner of the
intersection of State Route 29 north and
Greenbrier Drive
The applicant requests relief from Section 4 . 15. 3 . 6 of the
Albemarle County Zoning Ordinance, which states:
"4 . 15. 3 . 6 COMMERCIAL (C-1) and COMMERCIAL OFFICE (CO)
Business Signs, Free-standing or Projecting:
Provided: (a) if illuminated, no moving, flashing,
blinking, color-changing or exposed, bare or
uncovered neon illumination or lighting; (b) the
aggregate area of such signs shall not exceed fifty
(50) square feet; (c) no portion of such sign shall
be greater than thirty (30) feet from ground level or
the eave line of the roof of the main building located
on the premises upon which such sign is erected,
whichever is greater; (d) no more than two (2)
free-standing signs on any one (1) lot or premises;
(e) no more than three (3) projecting signs. "
The applicant is seeking to increase the fifty (50) feet of free-
standing business signage to a maximum of seventy-two (72) square
feet, a variance of twenty-two (22) square feet.
The applicant's property is a business located at the intersection
of Route 29 north (southbound side) and Greenbrier Drive. Zoning
in the immediate area is C-1, Commercial, with the exception of
LI (Light Industrial) abutting on the south side which houses
Comdial.
An increase in aggregate area for the free-standing business
signage is being requested to provide display for the three
selections of fuel grade offered at the site.
The staff provides the following comments to the Board of Zoning
Appeals for their consideration:
STAFF REPORT - VA-89-25
Whiting Oil Company
Page 2
A) There are no special conditions that are peculiar to this
land or building that are not applicable to the other lands or
buildings in the same zoning distict. Strict application of
the ordinance requirement would not produce an undue hardship.
B) If this "hardship" exists, then it could be said that all
properties within the immediate area, having the same zoning
designation may have a possible hardship should a similar
request be made by them.
C) Granting of other variances, which may have occurred for
properties in the immediate vicinity, should not serve as a
basis for approval of any request. The Board of Zoning
Appeals must be cognizant of all facts and circumstances
presented by all parties, if they are to render a proper
decision.