HomeMy WebLinkAboutVA198900041 Application 1989-05-10 0
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PPLICATIO FOR:
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VARIANCE U -�-
❑ SPECIAL USE PERMIT - ► -CO,
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❑ REZONING �' ' yEE PAID (see vets
0 ZONING TEXT AMENDMENT frIRGINI�'
❑ MObILE HOME DATE OF PRELIM CONF.
0 HOME OCCUPATION '�
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❑ ACCESSORY TOURIST LODGING STAFF T RELIM. CONF.
OWNER (as currently listed in Real Estate)
Name f l a C.I 7),tJ Li9, "fr�L-L(4u6.►_/' Phone VOif) /,)- 93 Z'
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APPLICANT (if different from owner)
• Name Phone ( ) -
Address
CONTACT PERSON (if diff rent from above)
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LOCATION: Li .S erg a 7,_ Z J 2 A./ C/2/) ZL /
TAX MAP/PARCEL NUMBERS (use reverse if needed)
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2. - - - 4. - - -
EXISTING ZONING !fL PROFFERED? Yes _ No Acreage if different I.S.-3 4
DESIRED ZONING PROFFERED? Yes _ No _ Acreage if different
EXISTING USE i a-:` t7L43-1)
PROPOSED USE /LCr 7' y-i,(2 r4-x.)'7--
ORDINANCE SECTION(S): 6g-, G - /
DESCRIPTION OF REQUEST: / . '- ?6( ,_-�i y ,4-iL -k--T .ram .,
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JUSTIFICATION FOR REQUEST: RC/?1 i, 11-.1J4)/4 7e is C. "•tir7 3Cc-et7 v /14/-
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VA-89-41. Preston Stallings ,(owner) , property known as tax map
56, parcel 110, located on Rt. 251.) west, +/- 1 mile east of the
intersection of Rt. 240 & Rt. 250, zoned HC. The applicant
requests relief from Section 6. 6. 1 of the Albemarle County Zoning
Ordinance to allow an extension of twelve (12) months to complete
repair and/or reconstruction of a non-conforming structure, for a
total of thirty-six (36) months from the date of such damage. The
Ordinance requires that such work shall be commenced within twelve
(12) months and completed within twenty-four (24) months from the
date of damage.
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1111 GREAT EASTERN MANAGEMENT COMPANY, INC.
POST OFFICE BOX 5526
CHARLOTTESVILLE, VIRGINIA 229O5-O526
GENERAL OFFICE (804) 296-4141
PROPERTY MANAGEMENT (804) 296-4109
TELECOPIER (804) 293-5197
5/19/89
MEMO
To: Amelia Patterson, Zoning Administrator
From: Don Wagner
I will deliver the "attached" referred to under JUSTIFICATION FOR
REQUEST on Wednesday. It will include a history of how we got to
where we are and speak to the matters which the BZA is charged to
consider as listed in Section 34 of the Zoning Ordinance and in
the Code of Virginia.
U444-`1
NS- we talked, I had forgotten that I have a Service Authority
Board meeting on Wednesday at 9: 00. I will plan to drop the
"attached" off on the way to that meeting and if you are
available hope to see you for a few minutes when my meeting is
over, probably near noon. If we don't get together then, I will
ask Sharon to set something up for later.
Thanks for taking time to call me about this today.
Do a r
1:1i
MAY 19 1989
ERLE CO
ZONINGALBMA DEPARTMENUNTYT
DEVELOPMENT • CONSTRUCTION • FINANCE • MANAGEMENT
ATTACHMENT TO VARIANCE REQUEST
EXTENSION OF BUILDING PERMIT, JO BOB'S RESTAURANT
May 19, 1989
Jo Bob's Restaurant, located on parcel 110, tax map 56, was
damaged by fire in July of 1987.
The restaurant is classified as an existing non-conforming use.
Under the provisions of section 6. 6. 1 of the zoning ordinance,
such a nonconforming structure, when damaged by factors beyond
the control of the owner, may be repaired and/or reconstructed.
There is a time limit, however, which requires that repair and/or
reconstruction of the structure must be commenced within twelve
months and completed within twenty-four months of the date of the
damage.
In this case, a building permit for repair of the structure was
issued and work was commended during the 12 months following the
loss. Jesse Hurt, Director of Inspections, visited the site in
December 1988 and wrote a note confirming that work had started
and that the building permit is therefore valid. This note is
filed in the Blue Ridge Shopping Center PD-SC rezoning request in
the Albemarle County Planning Department.
At about the time the building permit was issued, the owner was
approached with a proposal that the subject property and an
adjacent parcel be used for the development of a shopping center.
Work on repair of the structure was suspended while this
possibility has been pursued.
A shopping center design was prepared, and application for PD-SC
zoning (ZMA 88-22) was filed on November 21, 1988. That
application, and an alternate application for site plan approval
under the existing HC zoning, has been pursued in meetings with
county staff and in public hearings during the last 6 months. On
May 17, 1989, the Board of Supervisors denied the PD-SC rezoning
request. The HC site plan, which was previously deferred, is
being reactivated and the applicant will be working with Staff on
appropriate revisions to proceed through the approval process.
The owner still hopes to secure approval for a revised plan which
will allow demolition of the existing Jo Bob's building. It may
take three or more months at best for the revised site plan to
progress through the approval process, and in the interim the
owner wishes to preserve the right to repair and/or reconstruct
the existing building.
Section 34 of the Zoning Ordinance speaks to the conditions under
which the Board of Zoning Appeals (BZA) may grant a variance to
the ordinance. We submit that:
(a) As to the matter of undue hardship, the owner has delayed
repair and/or reconstruction of the building while attempting
in good faith to secure approval for an alternate use of the
property in the hope that a use can be found and approved
which will be in compliance with scenic highway standards.
He continues to pursue such approval. In the event such a
use cannot be found and approved, it would be an undue
hardship to penalize the owner by taking away the right to
repair and/or reconstruct the existing building.
(b) As to the matter of the unique nature of this hardship,
there are no remotely similar situations in any scenic
highway district in Albemarle County nor anywhere in the
vicinity of this property, whether or not along a scenic
highway.
(c) As to the question of whether authorization of the
variance will be of substantial detriment to adjacent
property or that the character of the district will be
changed by the granting of the variance, the contrary is
true. If the relief requested is not granted, the owner will
have to seriously consider the alternative of resuming repair
and/or reconstruction at once in order to complete the work
prior to the expiration of the current time limit. If that
investment is made, it will virtually eliminate the
possibility of demolishing the building at any time in the
foreseeable future, thus perpetuating the nonconforming use.
MAY 25 1989
;OXIE=41ZT
µLBEMARLE COUNTY
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•00•_� .:—__ _ _—__ WHITE HALL DISTRICT SECTION 56
111 GREAT EASTERN MANAGEMENT COMPANY, INC.
POST OFFICE BOX 5526
CHARLOTTESVILLE, VIRGINIA 22905_0526
GENERAL OFFICE (804) 296 4141
PROPERTY MANAGEMENT (804) 296-4109
TELECOPIER (804) 293-5197
June 13, 1989
HAND DELIVERED
Ms. Amelia Patterson
Zoning Administrator
County of Albemarle
Re: VA-89-41 , Jo Bob 's Restaurant
Dear Amelia:
Confirming our telephone conversation yesterday, all parties
involved are in agreement with withdrawing the request for
extension of the building permit for Jo Bob 's Restaurant.
Thank you for your cooperation.
er true. ours,
J. gner G
cc: Prestnn Stallings
"25@l2151470
40- JUN 13 1989
ALBEMARLE COUN1Y
ZONING DEPARTMENT
DEVELOPMENT • CONSTRUCTION • FINANCE • MANAGEMENT