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HomeMy WebLinkAboutVA198900049 Action Letter 1989-07-12 • J,, 1659 4 COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 16, 1989 Mr. J. Benjamin Dick Attorney at Law 421 Park Street, Suite 2 Charlottesville, VA 22901 Re: Taylor's Auto Body (Proposed Expansion of Building and Parking) - Tax Map 61, Parcels 168D and 168E Dear Mr. Dick: It is my determination that the above noted business is a non-conforming use and in accordance with Section 6.4 . 1 of the Zoning Ordinance, may not be expanded or enlarged. I concur with the letter of May 17, 1989 to you from Andrew D. Evans who was at the time the Deputy Zoning Administrator. In accordance with Section 34. 3, anyone aggrieved by any decision of the Zoning Administrator may appeal to the Board of Zoning Appeals. Such appeal shall be taken within thirty (30) days after the decision (the date of this letter) . Your other two (2) options are: 1) Seek a variance of Section 6.4 . 1 (Non-Conformities) or 2) Seek a rezoning to LI, Light Industry and a Special Use Permit for "body shop" . Should you have any questions, please contact me at the County Zoning Department. Sincerely, aka177 P ao Ar Amelia M. Patterson Zoning Administrator AMP/mlm cc: 0.4. 01, , v 11111 _ �m COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville. Virginia 22901-4596 (804) 296-5875 July 12 , 1989 Mr. J. Benjamin Dick Attorney at Law 421 Park Street, Suite 2 Charlottesville, VA 22901 RE: Taylor's Auto Body Shop VA-89-49 Dear Mr. Dick: This letter is to inform you that on July 11, 1989 , during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board allowed this variance to be withdrawn. If you have any questions, please contact our office. Sincerely, j Amelia M. Patterson Zoning Administrator AMP/mlm STAFF REPORT - VA-89-49 OWNER/APPLICANT: Doug Taylor (T/A Taylor' s Auto Body) TAX MAP/PARCEL: 61/168C and 168D ZONING: C-1, Commercial ACREAGE: 1. 1 Acres LOCATION: 495 Brookway Drive off the west side of Rt 631 (Rio Road East) , just north of the City limits REQUEST: The applicant seeks a variance from Section 6.4.1 of the Albemarle County Zoning Ordinance which states: "6.0 NONCONFORMITIES 6.4 EXPANSION OR ENLARGEMENT 6.4.1 The use of any building or structure shall conform to the provisions of this ordinance relating to the district in which the same is situated whenever such building or structure is enlarged, extended, reconstructed or structurally altered. . . ." The applicant whose business is successful, proposes building expansion and resulting parking expansion. This expansion will then involve the use of adjacent parcel 168C, shown on the original site plan as vacant. The application states "owner suffers a hardship and nears confiscation of use of the land. " RECOMMENDATION: Staff would recommend that a more appropriate process to achieve the proposed expansion of use would be to seek rezoning of the property to Light Industry, and a special use permit for "auto body shop. " A "use variance" , or a variation of permitted uses is tantamount to rezoning. The State Code states under 15 .1-495 "Powers and duties of the Board of Zoning Appeals (e) No provision of this section shall be construed as granting any board the power to rezone property. " A relevant history is as follows: Taylor' s Auto Body Shop site plan was originally approved by the Planning Commission and Board of Supervisors in 1985 . At that time, there was no definition nor explicit category of use for "auto body shops. " It was determined by the Zoning Administrator at the time, that it was permitted under "automobile, truck repair shop, " a category of use by right under C-1, Commercial zoning. The Board of Zoning Appeals may recall that this Zoning Administrator' s decision was appealed by the Planning Commission and upheld by the Board of Supervisors. Subsequent to that, a member of the public sponsored a zoning text amendment to provide for auto body shops as a primary use, in the Light Industry district by special use permit. STAFF REPORT - VA-89-49 Page 2 It was then the determinations of Mr. Evans, Acting Zoning Administrator and myself, that auto body shops as a primary use are only permitted in the Light Industry district. It is consistent with the majority of past Zoning Administrator' s decisions that a primary use explicitly specified in a category is only permitted in the district in which it is specified. Planning staff has commented: "The purpose of the nonconforming provisions is to cause either discontinuance of a use or to require increased conformity with the Zoning Ordinance. It is a palpable argument that a nonconformity could expand and become more conforming with the intent of zoning regulation. It appears that the BZA in granting a variance has broad discretion to impose conditions to serve the public purpose. In this case, should the BZA choose to grant variance, recommend that substantial weight be afforded to concerns of adjoining property owners ( if any are expressed) in formulation of conditions. " This nonconforming status is not a self-imposed condition upon the applicant. However, the hardship is generally experienced but all property owners subject to more restrictive zoning text amendments or Zoning Administrator' s decisions. Should the appeal fail and the variance request be denied, the remaining options to staff ' s knowledge are: 1 ) Seek a rezoning to Light Industry and a Special Permit for auto body shop; or 2 ) Continue the body shop in its nonconformity and utilize the adjacent property for a permitted use. The adjacent lot is entitled to all uses permitted in the C-1, Commercial district. Or; 3 ) Seek an alternate business location with the required zoning. This of course, is action of last resort and is certainly not being suggested by staff . This variance should be denied for cause: 1) The applicant has not provided sufficient evidence to demonstrate that the authorizing of the variance will not alter the character of the district; 2) The applicant has not demonstrated that the perceived hardship is not shared by other properties in the same zoning district and the same vicinity; 3 ) The applicant has not shown that a strict application of the Zoning Ordinance would produce a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience. STAFF REPORT - VA-89-49 Page 3 Should the Board of Zoning Appeals find cause for approval, they may consider the following condition: 1) Site plan approval to include provision of adequate screening from adjacent residentially zoned properties and the public road. / i SOY Al.l3t• 4741170.- COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 17 , 1989 J. Benjamin Dick 421 Park Street, Suite 2 Charlottesville, VA 22901 Re: Taylor's Auto Body (Proposed Expansion) County Tax Map 61, Parcels 168D & 168E Dear Mr. Dick: My letter is in regard to the proposed expansion of an existing business established in 1985 on property zoned C-1, Commercial. Taylor's Auto Body was allowed to establish under the provisions of Section 22 . 2 . 1.22 (C-1, Commercial Zone) Automobile, Truck Repair Shop. This business was established in 1985 after receiving approval by the Board of Supervisors on a site plan appeal in June of that year with conditions. The County Zoning Ordinance was amended by an individual requesting that a "body shop" be allowed in the LI (Light Industry Zone) . An amendment was made to the ordinance, but it was placed under uses by Special Permit (Section 27 . 2 . 2 . 11) and included a supplementary regulation (Section 5. 1. 31) which may be varied or waived in each particular case. A definition of "body shop" was also placed into the ordinance provisions under Definitions Section 3 . 0 in conjunction with the provision to allow body shops in the LI zone (12/7/88) . The approved site plan clearly speaks to only two (2) lots (parcels) 168D and 168E, Tax Map 61, whereas by condition of approval were combined together as one. Mr. Taylor owned and showed a third lot on the site plan which was approved. The third lot or parcel 168C, tax map 61 is currently being used for "parking area" . - - 411 J. Benjamin Dick May 17, 1989 Page 2 Your client (Taylor's Auto Body) wishes to expand the existing building/structure, which in turn caused the need for additional parking, which will cause the need to establish parking on parcel 168C. To expand the business your client should make one (1) of two (2) choices. Make an application for a variance from the ordinance Section 6. 4 . 1 (Non-Conformities) , and the other would be to appeal the Zoning Administrator's decision that a use specifically allowed in another zone, and not allowed by right or by Special Permit within the C-1 (Commercial) zone may not expand a nonconforming use by right. The additional parking required due to the proposed expansion or enlargement of the existing structure on site may be addressed by the Planning Commission as per ordinance Section 4 . 12 . 3 . 2 . An amended site plan will be required to "show" the area of expansion plus the "new" parking area. The newly appointed Zoning Administrator which will be officially announced on Wednesday May 17 , 1989, has discussed the issue of the proposed expansion with me, and you and Doug Taylor will be working with the newly appointed Administrator in regard to this issue. Should you have any questions, please contact me at the County Zoning Office. Sincerely, Andrew D. Evans • -puty Zoning Administrator ADE/st cc: Reading File (Tax Map 61, Parcels 168D & 168E Enclosures