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HomeMy WebLinkAboutVA199000020 Action Letter 1990-07-11COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901 4590 (804) 290-5875 July 11, 1990 Albemarle Concrete, Inc. P. O. Box 1127 Charlottesville, VA 22902 RE: Board of Zoning Appeals Action VA-90-20, Tax Map 100, Parcel 24A Dear Sir: This letter is to inform you that on July 10, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-20, subject to the following conditions: 1. Approval of SP-90-46 by the Board of Supervisors. 2. Approval of the site plan by the Zoning Administrator. This variances approval allows relief from Section 5.8 of the Albemarle County Zoning Ordinance to permit location of an office trailer without site plan for permanent use. If you have any questions, please contact our office. Sincerely, UAmelia M. Patterson Zoning Administrator AMP/ s rp cc: VA-90-20 Inspections Dept. Steve Hornaday ADDENDUM TO REPORT STAFF REPORT - VA-90-20 OWNER/APPLICANT: S. L. Williamson, Co., Inc./Albemarle Concrete TAX MAP/PARCEL: 100/24A ZONING: NR, Natural Resource *(by Zoning Administrator interpretation) ACREAGE: 4.0 acres LOCATION: On the south side of Route 708, across from th the Red Hill Quarry. REQUEST: The applicant requests relief from Section 5.8 of the Albemarle County Zoning Ordinance, which states: 115.8 TEMPORARY NONRESIDENTIAL MOBILE HOMES A temporary nonresidential mobile home may be authorized by the Zoning Administrator provided the mobile home is used to house a planned permanent use and the applicant has received site plan approval for such permanent use on the same site." The applicant proposes the operation of a concrete plant with the use of an office trailer. In the previous operation of an asphalt plant, an office trailer was utilized as headquarters. The applicant intends within 3 years, to construct a permanent structure. It will be located behind a row of white pines. This variance was originally heard on April 10, 1990. At that time, the Board of Zoning Appeals deferred the request for ninety days to allow the applicant to make further progress with approvals for the use and the site plan. Significant progress has been achieved as follows: 1. The official zoning maps have been corrected to reflect Natural Resource overlay zoning for this property. 2. A Special Use Permit to allow a concrete plant has been approved by the Planning Commission. It is scheduled for the Board of Supervisors on July 18, 1990. 3. A site plan has been submitted and is under administrative review. However, staff's review of consistency with the variance criteria remains the same. This is a request for procedural variation; and therefore, the statute criteria are not appropriate. Staff recommends denial for cause. M S'LniF PERSON: Amelia M. Patterson PUBLIC HEARING: July 10, 1990 STAFF REPORT - VA-90-20 OWNER/APPLICANT: S. L. Williamson, Co., Inc./Albemarle Concrete TAX MAP/PARCEL: 100/24A ZONING: NR, Natural Resource *(by Zoning Administrator interpretation) ACREAGE: 4.0 acres LOCATION: On the south side of Route 708, across from the Red Hill Quarry. REQUEST: The applicant requests relief from Section 5.8 of the Albemarle County Zoning Ordinance, which states: 115.8 TEMPORARY NONRESIDENTIAL MOBILE HOMES A temporary nonresidential mobile home may be authorized by the zoning administrator provided the mobile home is used to house a planned permanent use and the applicant has received site plan approval for such permanent use on the same site." The applicant proposes the operation of a concrete plant with the use of an office trailer. In the previous operation of an asphalt plant, an office trailer was util- ized as headquarters. The applicant .intends within 3 years, to construct a permanent structure. It will be located behind a row of white pines. RELEVANT HISTORY: As a result of a drafting error, the official zoning map shows this property to be zoned RA, Rural Areas. However, the Zoning Administrator has researched the files and found that the Board o'f Supervisors had intended that this with neighboring quarry properties be zoned NR, Natural. Resource with the adoption of the current zoning maps in 1980. Part of the confusion arose from the incorrect numbering and location of this parcel. This property was rezoned from A-1, Agricultural to M-2, Manufacturing with ZMP 301 on May 22, 1974 by Moore Brothers Company. At that time, a special permit (SP-350) was granted for the use. The site plan for the asphalt plant was approved by the Board of Supervisors on September 11, 1974. A plant operated on the site until around 1985. RECOMMENDATION Staff can find no hardship unique to this property. It would appear that t:he Zoning Ordinance creates hardship for the applicant's proposal. Page 2 Staff Report - VA-90-20 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 substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. Should the Board find cause for approval, staff recommends the following conditions: 1. Approval shall be limited to three (3) years; 2. The trailer shall not be located closer than 75 feet to the front row of white pines. l ' COUNTY OF ALBEMARLE J U N .'— A L t ZGNMG MEMORANDUM TO: Amelia Patterson, Zoning Administrator FROM: Ronald S. Keeler, Chief of Planning PW— DATE: June 22, 1990 Board of Zoning Appeals (BZA) RE: Agenda of July 10, 1990 Comments offered in this memorandum are intended to reflect general County policy as well as the intent of specific provisions from which variance or appeal is sought. Comments unless otherwise noted are not intended to address specifics of a particular case. j�7A-90-20 Albemarle Concrete. Inc.: The Planning Commission V/ has recommended that the office trailer be permitted only upon granting of this variance or upon compliance with Section 5.8 of the Zoning ordinance. This action should not be construed to enhance nor diminish the merits of this case. Section 5.8 was adopted in 1986 to allow temporary non-residential mobile trailers under specified circumstances only. Since that time I believe most if not all such trailers have been approved by variance as opposed to conformance to Section 5.8, and also that some cases have sought additional time extensions. Should the BZA determine that Section 5.8 or any provision thereof to constitute a hardship on its face, or otherwise be unworkable, please refer to Section 34.2: No variance shall be authorized unless the board of zoning appeals finds that the condition or situation of the property concerned or the intended use of the property is not of so general or reoccurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.