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HomeMy WebLinkAboutVA199000011 Action Letter 1990-04-11 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 11, 1990 C. Ray Beard Rt 8, Box 16 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-90-11, Tax Map 32, Parcel 22I Dear Mr. Beard: This letter is to inform you that on April 10, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board denied your variance request for VA-90-11. Anyone aggrieved by a decision of 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, Obr-4://,. 1Y1 . 2icirLe,_ Amelia M. Patterson Zoning Administrator AMP/srp CORRECTED COPY STAFF PERSON: John Grady PUBLIC HEARING: March 13 , 1990 STAFF REPORT - VA-90-11 OWNER/APPLICANT: C. Ray Beard TAX MAP/PARCEL: 32/22I ZONING: LI, Light Industrial ACREAGE: Approximately 25 acres LOCATION: On west side of Route 29 north approximately 1 mile south of the Route 29 and Route 649 intersection. REQUEST: The applicant requests relief from Section 26 . 10. 1 of the Albemarle County Zoning Ordinance, which states: "Adjacent to public streets: No portion of any structure, except signs advertising sale or rental of the property, shall be erected closer than fifty (50) feet to any public street right- of-way. " The applicant is requesting a variance of 18 feet to allow an existing freestanding sign to be located 32 feet from the right-of-way. The applicant's justification includes: 1. Removal of the older existing freestanding sign. 2 . The sign is 52 square feet, 48 square feet less than what the ordinance will allow in the industrial zone. 3 . The existing sign does meet the 30 foot setback requirement for the commercial district. RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precedent-setting. The following history is provided for information: VA-87-15 was approved for Princeton Homes Corporation to allow a freestanding sign to be 21 feet from the right-of-way, a 19 foot variance. Page 2 Staff Report VA-90-11 C. Ray Beard RECOMMENDATION: In staff's opinion, the authorization of such variance will not be of substantial detriment to adjacent property, and the character of the district will not be changed. However, the applicant has not satisfied the criteria listed below and therefore should be denied for cause. 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. Should the Board of Zoning Appeals find cause to approve this variance, staff recommends the following conditions. 1. The other existing freestanding sign and support shall be removed within thirty (30) days; 2 . The parcel shall be limited to one (1) freestanding sign. 3 . Sign area shall be limited to 52 square feet. 4 . Roof signage shall not be allowed.