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HomeMy WebLinkAboutVA198900047 Action Letter 1989-07-12 • 11111 �� COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville', Virginia 22901-4596 (804) 296 5875 July 12 , 1989 Mr. W. A. Finley Sperry Marine, Inc. 1070 Seminole Trail Charlottesville, VA 22901 Dear Mr. Finley: This letter is to inform you that on July 11, 1989 , during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-47 was approved. This variance approval allows relief from Section 5. 8 of the Albemarle County Zoning Ordinance to allow temporary use of six (6) mobile office trailers without prior approval of a site plan with the following conditions: 1) that the mobile units be screened from public view by the use of opaque fencing, if necessary; 2) that the variance be granted for a period not to exceed twenty-four (24) months; 3) that the variance be non-renewable; 4) site plan submitted to the Planning Department of the new building construction within twelve (12) months of the variance approval date. If you have any questions, please contact our office. Sincerely, aN12,4, )1? - eArriLl. Amelia M. Patterson Zoning Administrator AMP/mim cc: Inspections Department STAFF REPORT - VA-89-47 OWNER: Sperry Marine, Inc. TAX MAP/PARCEL: 61W/03-19 ACREAGE: 47 . 512 ZONING: LI (Light Industrial) LOCATION: West side of Rt 29, +/- 0. 1 miles south of its intersection with Rt. 743 . The applicant seeks a variance from Section 5.8 of the Albemarle County Zoning Ordinance. This section states: "5.8 Temporary Nonresidential Mobile Homes A temporary nonresidential mobile home may be authorized by the zoning administrator provided the mobile home is used to house a planned permanent use and the applicant has received site plan approval for such permanent use on the same site. The mobile home shall be removed within thirty (30) days of issuance of a certificate of occupancy for the permanent structure. Temporary nonresidential mobile home permits shall be subject to the following conditions: a. Site plan approval if applicable; b. Albemarle County building official approval; c. The applicant and/or owner of the property shall certify as to the intent for locating the mobile home at the time of application. d. Skirting to be provided from ground level to base of mobile home within thirty (30) days of the issuance of a certificate of occupancy. " The applicant proposes to place six (6) mobile office units in two (2) clustered groups on the property. Due to increased sales and engineering work, a severe space shortage exists. The applicant has a short time need for additional office space. They have long range plans for building addition. The applicant seeks a variance to allow placement of the mobile office units on the property without prior County approval of a site plan for a permanent addition. There is at present no provision in the Zoning Ordinance for temporary use of a mobile unit as an office, except as shown in Section 5. 8 above. Staff recognizes that the Albemarle County School System is a Governmental Organization and variances for such are in accord with what best suits the needs of the public. Staff's opinion is that the circumstances in this request by applicant (Sperry Marine, Inc. ) are not uncommon to those being experienced by the Albemarle County School System in their current lack of classroom space. STAFF REPORT - VA-89-47 Sperry Marine, Inc. Page 2 RECOMMENDATION The application should be denied for cause: 1) The applicant has not provided sufficient evidence to show that a strict application of the Zoning Ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience; 2) The applicant has not demonstrated that his perceived hardship is unique to his property in contradistinction to other properties in the same zoning district; 3) The applicant has not provided evidence to demonstrate that the authorization of the variance will not be of substantial detriment to the adjacent properties or that the character of the district will not be altered. In the event the Board of Zoning Appeals should find cause to approve the applicant's request, the following conditions should be considered: 1) that the mobile units be screened from public view by the use of opaque fencing, if necessary; 2) that the variance be granted for a period not to exceed twenty-four (24) months; 3) that the variance be non-renewable; 4) site plan submitted to the Planning Department of the new building construction within twelve (12) months of the variance approval date.