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Home My WebLink AboutVA198900066 Action Letter 1989-11-16 .. ., 229 ) 433'b November 16 , 1929 O ., ,J a_ y e/oJ_ nsi 0 1 '-'ccno.. , , TA .'.4 2-, o,, o f Zon.inc _ __ s_ l Action V -cc Tax `^ Parcel 40D DearPr. .-'-a" ki ne'`' : August15 , , �8° during This �_`-., .`�_ is .,�, inform v"'.� .,iC �- o.� L , the rec meeting J of the 1_ bemar_e County Board of Zoning Acea _ ha You ap _ca _ion for VA-89-66 was approved with the ._07 7 e o c conte._.�....ions: " ) ~ gna ge er _o o be attached to the canopy; (2) that O-c -_on B be considered as it would require the leaet variance and still eet the needs cf the applicant; t o._, - __he -It ng of Route 250 affect the placement of�V2 `nc ithe removed at theappl_cant' s expense; and (4) that �'he height of the canoy be limited to 14 1/2 feet. s vari=ce aperoval allows relief from Section 30 . 5 . 6 . 2 . 1 of the ;Ne7.,- le County Zo __, g Ordinance to reduce the required front se ac'. in he er-ly District from _50 feet to 15 feet tol^,al_o-.. construction of a canopy, a variance of one hundred thirty-five 2 ) feet. 'o, have Grp' wues,.i ns, ease contact cur office. Amelia Y. Patterson �OF AI.h4,1 11, t Qn( P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 August 16, 1989 (804) 296 5875 Whiting Oil Company, Inc. c/o Scott Blankinship P. O. Box 12203 Roanoke, VA 24023 - Re: Variance Application #VA-89-66 Tax Map 60, Parcel 40D Dear Mr. Blankinship: This letter is to inform you that on August 15, 1989, during the regular meeting of the Albemarle County Board of Zoning Appeals, '-- that your application for VA-89-66 was approved with the following conditions: (1) that no signage or logo be attached to the canopy; (2) that Option B be considered as it would require the least variance and still meet the needs of the applicant; (3) that should the widening of Route 250 affect the placement of the canopy, it be removed at the applicant's expense; and (4) that the height of the canopy be limited to 14 1/2 feet. This variance approval allows relief from Section 30. 5. 6.2 . 1 of the Albemarle County Zoning Ordinance to reduce the required front yard setback in the SA Overlay District from 150 feet to 10 feet to allow construction of a canopy, a variance of one hundred forty (140) feet. If you have any questions, please contact our office. Sincerely, OA' I & Amelia M. Patterson Zoning Administrator AMP/mlm cc: Inspections Department Planning Department STAFF REPORT - VA-89-66 OWNER: Whiting Oil Company, Inc. TAX MAP/PARCEL: 60/40D ZONING: HC (Highway Commercial) LOCATION: 2212 Ivy Road (Rt. 250 West - University Shell) The applicant seeks a variance from Section 30. 5. 6. 2 . 1 of the Albemarle County Zoning Ordinance to reduce the required front yard setback in the Scenic Overlay area from 150 feet to 10 feet to allow construction of a canopy. This sections states: "30. 5 . 6 . 2 .1 No buildings or structures other than permitted under section 4 . 11, except as hereafter provided in the case of certain signs, shall be constructed within any SA-highways overlay district. . . " The applicant proposes to construct a 36' x 52 ' canopy to cover existing gasoline pump islands. Three proposals have been submitted. Option A shows the canopy at 10 feet from the right-of-way, Option B at 15 feet from the right-of-way and Option C at 35 feet from the right-of-way but does not cover all gasoline pumps. The applicant has indicated that without a ' canopy, they cannot provide the level of service that customers expect and competition offers. Therefore, a substantial amount of profit opportunities are lost. RECOMMENDATION Staff recognizes that the property was developed prior to the adoption of the scenic areas overlay district. Prior to this requirement, the building setback was only 30 feet. Staff also realizes the installation of the canopy will he attractive, convenient and better serve the public. Pump islands and lights exist within the scenic highway overlay district, therefore, there will be no subtantial detriment to adjacent properties. Similar variances have been granted previously for the Windmill Market on Route 29 North (VA-85-57) and the Stop In Food Store on Route 250 East (owned by Whiting Oil Company) . Neither ere located within the SA-highways overlay district. Also, VA-87-11 Piedmont Tractor Company, Inc. (Tiger Fuel Co. ) was granted a variance for a canopy with the condition that no signage be allowed on the canopy. This property is in the SA-highways overlay district. Although staff sympathizes with the applicant and the applicant has met one criteria for granting of the variance in that staff finds the request will be of no substantial detriment to adjacent properties, the applicant 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; STAFF REPORT - VA-89-66 Whiting Oil Company, Inc. Page 2 (2) The applicant has not demonstrated that the perceived hardship is unique to his property in contradistinction to other properties in the same zoning district. 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 no signage or logo be attached to the canopy; (2) that Option B be considered as it would require the least variance and still meet the needs of the applicant; (3) that should the widening the Route 250 affect the place- ment of the canopy, it be removed at the applicant's expense.