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HomeMy WebLinkAboutVA198900086 Action Letter 1989-11-16 • —le I'ill ®s 9. COUNTY OF ALBEMARLE I)cpartrn 'nt of ZoninN 401 Mclntiic R< ad Charlottesville, Virginia 229(11 4596 (tiO4) 296 5S75 November 16, 1989 Whiting Oil Company c/o Scott Blankinship P. O. Box 12203 Roanoke, VA 24023 Re: Board of Zoning Appeals Action VA-89-86, Tax Map 60, Parcel 40D Dear Mr. Blankinship: This letter is to inform you that on November 14, 1989, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-89-86 with the condition that all existing non-conforming signs be removed except an existing wall sign (15 square feet) "Service is Our Business. " This variance approval allows relief from Sections 30. 5. 7 . 2 and 30. 5. 6. 2 . 1 of the Albemarle County Zoning Ordinance to allow 110 square feet of freestanding signage, a variance of 92 square feet; to replace an existing freestanding sign (same location) to be located 2 feet from the right-of-way, a variance of 148 feet; to allow the height of this freestanding sign to be 25 feet, a variance of 15 feet; and to allow 2 freestanding signs, a variance of one (1) sign. If you have any questions, please contact our office. Sincerely, :/1 I}Y\ Ut_ Amelia M. Patterson Zoning Administrator AMP/st cc: Inspections Dept. VA-89-86 STAFF REPORT - VA-89-86 STAFF: Kathy Dodson OWNER/APPLICANT: Whiting Oil Company, Inc. TAX MAP/PARCEL: 60/40D ZONING: HC (Highway Commercial) LOCATION: 2212 Ivy Road (Rt. 250 West - University Shell) REQUEST: The applicant requests relief from Sections 30.5. 7. 2 and 30.5. 6. 2 .1 of the Albemarle County Zoning Ordinance to allow 110 square feet of freestanding signage, a variance of 92 square feet; to replace an existing freestanding sign (same location) to be located 2 feet from the right-of-way, a variance of 148 feet; to allow the height of this freestanding sign to be 25 feet, a variance of 15 feet, and to allow 2 freestanding signs, a variance of 1 sign. These sections state: "30. 5. 7.2 REGULATION OF NUMBER, HEIGHT, AREA, TYPES OF SIGNS . . . b. Free-standing business and projecting business signs shall be limited to ten (10) feet in height above grade, eighteen (18) square feet per single sign face, and to one (1) sign per separate highway frontage. . . . "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. . . " RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precendent-setting. The following history is provided for information: On August 17, 1987, a variance was approved for Albemarle Bank and Trust (located east of the applicant) to allow a freestanding sign to be 1 foot from the right-of-way, to be 24 square feet in area and 24 feet in height. The applicant's property was developed prior to the adoption of the scenic areas overlay district. Prior to this requirement, the signage allowed would have been 200 square feet of wall signs, 100 square feet of freestanding with a setback of 30 feet. Currently existing on the site is 68 square feet of freestanding signage and 65 square feet of wall signage. The total number of signs existing on the property are three (3) wall signs and eight (8) freestanding. As you will recall, on August 15, 1989, a variance was approved to allow a canopy to be 15 feet from the right-of-way. STAFF REPORT - VA-89-86 Whiting Oil Company, Inc. Page 2 The applicant is proposing to remove a one pole freestanding sign of approximately 48 square feet, 18 feet in height, and replace said sign with a two pole sign of 72 square feet, 25 feet in height at the same location. (The existing sign loses its nonconforming status once removed. ) The applicant is also proposing to install a thirty eight (38) square foot freestanding sign on the canopy consisting of: 2 Shell logos, 2x2 for a total of 8 square feet 2 Shell signs, 2x5 for a total of 20 square feet 2 Shell logos, lxl for a total of 2 square feet 2 Shell signs, lx4 for a total of 8 square feet. This freestanding signage, and the freestanding price/identifi- cation sign of 72 square feet, total the 110 square feet requested. One wall sign of 15 square feet will remain on the site. All other wall signage (50 square feet) and all other freestanding signage (68 square feet, 8 signs) will be removed if the variance is approved. STAFF RECOMMENDATION: Staff recognizes that the proposed variance will eliminate some visual clutter and confusion in that the overall total signage will be reduced from 133 square feet to 125 square feet (15 of which is wall signage and is allowed under current ordinance requirements) and will reduce the total number of signs. The authorization of such variance will not be of substantial detriment to adjacent properties and the character of the district will not be changed by the granting of the variance. In actuality the granting of the variance would be more in line with the spirit and intent of the scenic highway overlay district than the existing nonconforming situation. The application should be denied for cause: (1) The applicant has not demonstrated that his perceived hardship is unique to his property in contradistinction to other properties in the same zoning district. (2) The applicant has not provided sufficient evidence to show that a strict application of the zoning ordinance would produce a clearly demonstrable hardship approach- ing confiscation as distinguished from a special privilege or convenience. STAFF REPORT - VA-89-86 Whiting Oil Company Page 3 BEFORE AFTER Freestanding - 68 sq. ft. Freestanding - 110 sq. ft. - 1 propane sign - 1 identification - 1 Napa sign - 1 canopy - 2 flags - 1 identification - 1 price sign - 2 island signs Wall Signs (3) 65 sq. ft. Wall Signs (1) 15 sq. ft. TOTAL 133 sq. ft. TOTAL 125 sq. ft.