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.