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HomeMy WebLinkAboutVA198900065 Action Letter 1989-08-16 p4 Af•li,S,t IR ��RGINIP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 August 16, 1989 Charles J. Stick Francois Goffinet, Ltd. 258 E. High Street Charlottesville, VA 22901 Re: Board of Zoning Appeals Action For VA-89-65 Tax Map 112 , Parcels 20, 21, 33A & 37D & Tax Map 113 , Parcel 6A Dear Mr. Stick: This letter is to inform you that on August 15, 1989 , during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-65 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-89-65 c STAFF REPORT - VA-89-65 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 sixty-five (65) feet for (new) construction of an agricultural (carriage) museum. The height of the building consists of 35 feet to the ridge of the roof, and an additional height of 30 feet for a total of 65 feet to the top of the cupola. A weather vane spire extends above the cuppola. The cupola structure causes need for the height variance, the remainder 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. They state, "The proposed cupola is an important architectural element which enhances the historical and contextual nature of the museum building. It is suggested that elimination of the cupola would compromise the architectural integrity of the carriage museum building. " STAFF REPORT - VA-89-65 OWNER/APPLICANT: J.W.K. Properties, Inc. Page 2 In addition, they note "Due to the size of our property, the ridge of the front roof appears at 1. 4 degrees off the horizon at the property line and the cupola is at approximately 2 .5 degrees off the horizon. " (See also their statements attached. ) RECOMMENDATION: The majority of this report is restated from the previous variance request, VA-89-40. ) 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 requirements, the building will be sprinkled. The cupola will not be regularly occupied, except as necessary for maintenance and the like. The present request would meet the height limitation of local firefighting capabilities. 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. l . STAFF REPORT - VA-89-65 J.W.K. Properties, Inc. Page 3 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. 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.