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HomeMy WebLinkAboutVA198900040 Action Letter 1989-06-14 `yOF AL/1F, , e ,~ piit COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 14, 1989 Charles J. Stick Francois Goffinet, Ltd. 258 E. High Street Charlottesville, VA 22901 Re: Board of Zoning Appeals Action For VA-89-40 Tax Map 112, Parcels 20, 21, 33A & 37D & Tax Map 113, Parcel 6A Dear Mr. Stick: This letter is to inform you that on June 13, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-40 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, Amelia M. Patterson Zoning Administrator AMP/st cc: VA-89-40 STAFF PERSON: AMELIA M. PATTERSON HEARINGS: PLANNING COMMISSION: JANUARY 5 , 1989 BOARD OF SUPERVISORS: JANUARY 18, 1989 SP-87-81 JWK PROPERTIES, INCORPORATED (ALBEMARLE DRIVING CENTRE) Petition: J.W.K. Properties (John Kluge) petitions the Board of Supervisors to issue a special use permit for a commercial stable and permanent horse show grounds ( Section 10 . 2 . 2 ( 12) and 10 . 2 . 2( 16 ) ) , on 820 acres . Property known as Viewmont, is described as Tax Map 112 , Parcels 20 , 21 , 33A and 37D and Tax Map 113 , Parcel 6A, is located on the east side of Route 20 South at Carter' s Bridge. Zoned RA, Rural Areas . Scottsville Magisterial District. Character of the Area: This property is primarily level to gently rolling open meadow. It is presently improved with two residences on the main tract (Parcel 20 ) . it is bordered to the north by the Hardware River. Harris Creek aria an unnamed stream cross the property. Directly across Route 20 is a developed area of residential lots and the Montdomaine Winery. Properties to the north, east and south are large agricultural tracts. This property is across Route 20 and Route 627 from the Carter' s Bridge Agricultural/Forestal District. Applicant' s Proposal: To operate a driving center for training carriage horses and drivers, and have occasional driving competition. The commercial stable aspect of the use will involve training about 10 students for sessions of one to several weeks. Horses will be provided and will not be boarded. Student lodging will not be provided . The applicant proposes 1-2 major international competitions per year that may generate 2000-3000 visitors. In addition, approximately 3 similar scale seasonal events may attract up to 500 people each. The future stable location is proposed behind the museum. A major part of the Driving Centre will consist of paddocks for grazing. The driving course for training follows the perimeter of the property. At its closest point, it is approximately 150 feet from a property line. Three lakes are proposed to be constructed of puddled clay with the edges planted in trees and native wildflowers . The driving course route will be over undulating topography. Certain stretches, if not the entire driving course will be strengthened with fiber reinforcement or a layer of clean stones beneath the grass surface. Certain stretches of the course, especially in the valleys, will use drains. Alternate routes will be provided where there is a danger of soil erosion due to heavy rainfall. The course will he landscaped, and steeper slopes will be planted to protect against wind or water erosion. 1 of 4 STAFF REPORT - VA-89-40 OWNER/APPLICANT: J.W.K. Properties, Inc. TAX MAP/PARCEL: 112/20, 21, 33A, 37D and 113/64 ZONING: RA, Rural Areas with SP-87-81 and SP-87-98 LOCATION: On the east side of Rt 20 south at Carter's Bridge REQUEST The applicant seeks a variance of Section 10.4 of the Albemarle County Zoning Ordinance, which states: "10.4 Area and Bulk Regulations Maximum structure height 35 feet" The applicant seeks a variance to increase the maximum height from thirty-five (35) feet to seventy-five (75) feet for (new) construction of an agricultural (carriage) museum. The height of the building consists of 35 feet 7 inches to the midpoint between the eaves and ridge of the roof, and an additional height of 42 feet 2 inches for a total of 77 feet 9 inches to the top of the ballard atop the cupola. A weather vane spire extends above the ballard. The cupola structure causes need for the height variance, the major portion of the structure complies with the height limit. Section 4 . 10. 3 .2 EXCEPTIONS-LIMITED permits a height increase for such structure of "twenty (20) percent greater than the limit established for the district in which the building is located, provided that no such exception shall be used for sleeping or housekeeping purposes or for any commercial or industrial purpose; and provided further that access by the general public to any such area shall be expressly prohibited. " This provision permits a seven (7) foot increase for a total building height of forty-two (42) feet. The building is designed with two stories and a basement. The basement and second floor will be utilized for office and storage area and the main floor will be open to the public for display area. The applicant notes "the 'cupola' and 'weather vane' , which are above the existing height restrictions, are historically accurate to buildings of this architectural style and character. In attempting to make the building compatible with its rural setting, we have also used the precedence of historical carriage barns. " STAFF REPORT - VA-89-40 OWNER/APPLICANT: J.W.K. Properties, Inc. Page 2 RECOMMENDATION: Discussion of this request will focus on the following: fire safety and compatability with the Rural Areas district. FIRE SAFETY Planning staff has commented "height regulations of the Zoning Ordinance were developed in concert with a prior fire official and are based on fire safety concerns as outlined in 4. 10 of the Zoning Ordinance Amendment maximum height of 65 feet was established for more intensive residential, commercial, and industrial zones with knowledge that such zoning districts would be restricted primarily to areas where public water service was available and based on limitations of local firefighting capabilities (i.e. - aerial equipment; breathing apparatus, etc. ) . . . ' It appears that based on BOCA Code requirement, the building will be sprinkled. The cupola will not be regularly occupied, except as necessary for maintenance and the like. However, based on local firefighting capabilities, this variance should not be granted. COMPATIBILITY This building is proposed to be located on approximately 820 acres. It is to be setback approximately 1200 feet from Rt 20 and shall be no closer than that distance from any property line. The area proposed for construction lies on a knoll above the grade of Rt 20, and will be visible from the public road. With the exception of silos and some farm buildings, this structure will be out of scale in terms of height, with others in this district. The proposed height is similar in scale to commercial or institutional buildings. Staff is somewhat sympathetic to this request because the use is unique. Staff would recommend that in lieu of the height variance, the building be expanded horizontially. It would alter the character of the district and adjacent property, as proposed. This variance should be denied for cause: 1) The applicant has not provided sufficient evidence to demonstrate that the authorization of the variance will not alter the character of the district. 2) The applicant has not demonstrated that the preceived hardship is not shared by other properties in the same zoning district and the same vicinity. STAFF REPORT - VA-89-40 J.W.K. Properties, Inc. Page 3 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. If the Board of Zoning Appeals should chose to approve this request for cause, staff recommends the following conditions be considered: 1) The building shall be totally sprinklered; 2) Landscaping shall be designed to optimize compatibility of the building with the surrounding area.