HomeMy WebLinkAboutVA199000019 Action Letter 1990-04-12 7
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
April 12, 1990
Stephen T. Thornton & Jacob Loeser
Eaglecrest Christmas Tree Farm
215 Camellia Drive
Charlottesville, VA 22903
RE: Board of Zoning Appeals Action
VA-90-19, Tax Map 89, Parcel 82A
Dear Mr. Thornton and Mr. Loeser:
This letter is to inform you that on April 10, 1990, during the meeting of the
Albemarle County Board of Zoning Appeals, the Board unanimously approved your
request for VA-90-19, subject to the following conditions:
(1) Sign area shall be limited to 9 square feet in total area;
(2) Sign shall not be illuminated;
(3) Approval for current sign construction and design. Any change
shall require review of the variance by the Board of Zoning Appeals;
(4) If subsequent survey reveals that sign is in any existing right-of-
way or upon property of another owner then it will be removed.
The variance approval allows relief from Section 10.4 of the Albemarle County
Zoning Ordinance to reduce the front setback for a sign from 75 feet to 12 feet
from Route 631 and 43 feet from Route 706, and also to reduce the setback from
an old right-of-way easement from 75 feet to 1 foot, a variance of 74 feet.
If you have any questions, please contact our office.
Sincerely,
())/ ry\ F-46,
Amelia M. Patterson
Zoning Administrator
AMP/rg
cc: VA-90-19
Staff Person: Amelia M. Patterson
Public Hearing: April 10, 1990
STAFF REPORT - VA-90-19
APPLICANT: Arthur or Vickie Loeser/
Stephen Thornton and Jacob Loeser
TAX MAP/PARCEL: 89/82A
ACREAGE: 4. 59 totaling 2 parts north and south side of
Route 706
ZONING: RA, Rural Areas
LOCATION: On the north side of Route 706 at the
intersection with Route 631, on the east side of
old Route 631
REQUEST:
The applicant requests relief from Section 10. 4 of the Albemarle
County Zoning Ordinance. This section states:
"10. 4 AREA AND BULK REGULATIONS
Yards, minimum . . .
Front . . . 75 feet. "
The applicants request a variance to reduce the front yard setback
from three (3) roads, to allow an existing off-site sign to
remain. The subject property is a triangular portion of a parcel
across Route 706, and is approNimately 300 feet long and 80 feet
wide. The request is to reduce the front setbacks from 75 feet
to: 12 feet from Route 631, 43 feet from Route 706 and 1 foot from
the old Route 631 right-of-way.
The sign is just under 9 square feet and states "Eastern Log
Timber Homes 1. 2 mile" and "Eaglecrest Christmas Tree Farm 1. 1
mile. " It is not lit and is constructed of natural wood painted
in redwood with yellow lettering.
The sign is located on the piece of this property most visible to
the majority of travellers, those arriving from the north. Because
it is easy to miss, the turn onto Route 706 needs identification.
As one comes over a hill and turns to the left, the intersection
of Route 706 is only a hundred feet or so. People have commented
to both owners about the difficulty of finding their farms.
HISTORY:
The sign was erected after the applicants first contacted the
Zoning Department for the requirements. However, I did not give
accurate information. The applicant is here to seek compliance.
Page 2
Staff Report VA-90-19
Arthur or Vickie Loeser/Stephen Thornton and Jacob Loeser
RECOMMENDATION:
The current sign regulations permit off-site business or farm
location signs, including land within the Rural Areas district.
This provision is currently under review by Zoning staff in the
sign amendments. Two adjacent owners (one letter attached) have
voiced concern over the Ordinance provision for such. The matter
before the Board is not whether off-site signs shall be permitted,
but if it is appropriate for a location variance here.
Staff agrees with the applicant's reasoning about the need to
identify this intersection in some way. A sign located on the
southern portion of the property would not be effective because it
would be beyond the turn. The subject property is not the
necessary 150+ foot in width necessary to provide both 75 foot
yard setbacks. This in staff's opinion is a condition of
exceptional size and shallowness.
The sign is visually compatible with the intent of this district.
It is similar to those found at national parks. Further, it is
well below the maximum 100 square foot area permissable.
Staff recommends approval for cause:
1. The applicant has provided evidence that the strict
application of the ordinance would produce undue hardship;
2 . The applicant has 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 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.
Staff recommends the following conditions:
1. Sign area shall be limited to 9 square feet in total area;
2 . Sign shall not be illuminated;
3 . Approval for current sign construction and design. Any
change shall require review of the variance by the Board of
Zoning Appeals.