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HomeMy WebLinkAboutVA198900095 Action Letter 1990-05-10 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-45% (SO4) 2%-5875 May 10, 1990 Ms. Helen Parrish, Attorney 414 Third Street, N.E. Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-95, Tax Map 78 , Parcel 17G1 Dear Ms. Parrish: This letter is to inform you that on May 8 , 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board allowed your application for VA-89-95 to be withdrawn without prejudice. If you should have any questions, please contact our office. Sincerely, 7[A-1\ 4,c tAmel i I. atterson Zoning Administrator AMP/st cc: VA-89-95 Herndon Houses Properties Staff Person: Amelia M. Patterson Public Hearing: November 14, 1989 STAFF REPORT - VA-89-95 APPLICANT: Herndon House Properties (Herndon House Furniture Store) TAX MAP/PARCEL: 78/17G1 ACREAGE: 0. 91360 acres ZONING: PD-SC, Planned Development Shopping Center LOCATION: In Pantops Shopping Center at the southeast quadrant of the intersection of Riverbend and South Pantops Drives REQUEST: The applicant requests a variance from Section 4 . 12 . 6. 6. 2 of the Albemarle County Zoning Ordinance. This section states: "4. 12 . 6. 6.2 SCHEDULE OF SPECIFIC REQUIREMENTS FOR NUMBER OF OFF-STREET PARKING SPACES Shopping Center (Planned Development-Shopping Center District Only) : Five and one-half (5 1/2) spaces per each one thousand (1, 000) square feet of gross leasable floor area. (Amended 7-20-88) " The applicant requests a reduction in parking requirements from 61 to 20 spaces, a variance of 41 spaces. The property is presently improved with Herndon House Furniture Store of 11,200 square feet. This property is being offered for sale. The applicant's justification for variance includes the following: 1. The Zoning Text Amendment in 1988 now imposes a parking requirement which creates undue hardship; 2 . Current parking would only be adequate for another furniture store or similar low traffic intensity tenant. It is unlikely that a purchaser would choose to open another furniture store where its predecessor was unsuccessful; 3 . The property was acquired in good faith and for its stated purpose; Staff Report - VA-89-95 Herndon House Properties Page 2 4. There is not sufficient room to provide additional parking on site, nor would it be financially feasible; 5. There is close parking generally available in the area. RECOMMENDATION: Staff agrees that the Zoning Text Amendment imposes some hardship on the applicants. However, it should be noted that there are two actions, albeit by the previous owner, which serve to create additional (self-imposed) hardship: 1) the site was developed with the furniture store parking standard, (one of the lowest commercial requirements) , not the shopping center standard, without consideration to future tenants with additional parking requirements; 2) the property was subdivided into three (3) separate lots, now owned by three (3) separate entities. In support of the request, staff offers the following: 1. The 1988 Zoning Text Amendment creates some hardship on properties which previously developed under a different parking standard for a specified use; 2 . Because this property is part of the Pantops Shopping Center, some may chose to park elsewhere and walk to this building. That is part of the nature of a shopping center; 3 . This property is limited in area suitable for the provision of additional parking spaces. However, without additional justification, staff can not support this request, due to the following: 1. To a certain extent, this parking shortage is self-imposed. 2 . There is some reasonable use for the property which could comply with the parking regulations. Some of the more traffic intensive uses such as restaurants and over-the- counter sales or rental may involve parking spillover onto public roads and other unapproved areas. Staff Report - VA-89-95 Herndon House Properties Page 3 3 . There are some options for the provision of additional parking such as: a) leasing any or all of the 17 surplus spaces to be constructed on the other two lots in this subdivision, or b) obtaining some area in the property adjacent to the east; 4 . Shared parking with the main shopping center may be limited by the distance (250 feet) and obstacles (crossing a road and median) . Staff would request that the applicant explore some of these options, and a limitation to the types of uses permitted. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. 2 . The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3 . The applicant has not provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.