HomeMy WebLinkAboutVA199000031 Action Letter 1990-05-16 COUNTY OFF ALRFMAI;I I=.
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May 16, 1990
Bill Hanger
26 W. Beverley Street
P. O. Box 930
Staunton, VA 24401
RE: Board of Zoning Appeals Action
VA-90-31, Tax Map 60 , Parcel 40E
Dear Mr. Hanger:
This letter is to inform you that on May l5, 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously approved your request for VA-90-31 .
This variance approval allows relief from Section 30 . 5. 6. 2 . 1 of
the Albemarle County Zoning Ordinance to allow a freestanding
canopy to be 9 feet from the right-of-way off Route 250, a
variance of 141 feet, with the following conditionr: :
1 . No logo or signage be attached to canopy ;
2 . If road is ever widened, applicant will remove rind/or
replace at own expense.
If you have any questions, please contact our office.
Sincerely,
Ut 1,.€ /ram •
Amelia M. Patterson
Zoning Administrator
AMP/srp
cc: VA-90-31
Barbara Talbott
CORRECTED COPY
Staff Person: Kathy B. Dodson
Public Hearing: May 15, 1990
STAFF REPORT - VA-90-31
OWNER: Barbara Talbott
APPLICANT: Bill Harvey
TAX MAP/PARCEL: 60/40E
ZONING: HC, Highway Commercial
LOCATION: South side of Route 250W at its intersection
with Old Ivy Road (2206 Ivy Road)
(Property known as Independent Discount Gas)
REQUEST
The applicant seeks a variance from Section 30. 5. 6. 2 . 1 of the
Albemarle County Zoning Ordinance to reduce the required front
yard setback from 150 feet to 9 feet for a proposed freestanding
canopy. This section states:
"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 . . . "
The applicant is proposing to replace the existing underground
gasoline storage tanks because of new E.P.A. regulations.
Because the tanks are under the pump island, the island will
be replaced with a 4 ' x 36' island containing one (1) additional
dispenser. This island will be longer but not as wide as the
existing island. The canopy will be a two column canopy directly
over the island and will have a clearance of 14 ' 6" .
The applicant's justification includes:
(1) The purpose is to help protect our customers and employees
from the weather elements.
(2) The building predates the SA - highway overlay ordinance.
(3) The lot is limited in area.
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-89-66 Whiting Oil Company, Inc. (just west of this property
known as Tax Map 60, Parcel 40D) , was approved by the Board of
Zoning Appeals on August 15, 1989, to allow a canopy to be 15
feet from the right-of-way, a variance of 135 feet.
STAFF REPORT - VA-90-31
Page 2
RECOMMENDATION
Staff recognizes that the property was developed prior to
the adoption of the scenic areas overlay district. Prior to
this requirement, the building setback was only 30 feet.
Staff also realizes the installation of th canopy will be
attractive, convenient and better serve the public. The pump
island currently exists within the scenic highway overlay
district, therefore, in staff's opinion, there will be no
substantial detriment to adjacent properties. However,
the other two criteria are not met.
The application should be denied for cause:
(1) The applicant has not provided sufficient evidence to
show that a strict application of the zoning ordinance
would produce a clearly demonstrable hardship approaching
confiscation as distinguished from a special privilege
or convenience;
(2) The applicant has not demonstrated that the perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district.
In the event the Board of Zoning Appeals should find cause to
approve the applicant's request, the following condition should
be considered:
(1) No signage or logo be attached to the canopy
COUNTY OF ALBEMARLE
' to
to.
MEMORANDUM
MMEMORANDUM
Amelia Patterson, Zoning Administrator
TO:
Ronald S. Keeler, Chief of PlanningW---
FRCMO:
May 1, 1990
DATE:
Variances: May 8, 1990
RE: May 15, 1990
The following comments are offered without benefit of field
review or discussion with the various applicants:
VA-89-95 Herndon House: From review of the file, staff
concurs with the statement of Mr. Don Wagner that due to the
number of out parcels and free standing lots, the "shopping
center" parking standard was made available to the main
center only and not individual outparcels.
It is difficult to agree that any hardship exists due to
past reliance on the "furniture store" parking standard
which allowed accommodation of a much larger building on the
site than would have been achievable under a general retail
parking standard. That is to say, any hardship is a result
of lack of planning for alternative use of the building as
evidenced by comparative overdevelopment of the site.
Granting of the applicant' s request would extend a second
advantage and could set precedent for intentional abuse of
zoning regulation. Should the Board of Zoning Appeals
choose to grant a variance, a reasonable compromise may be
to limit usable floor area of the building to that which
could have realized on the site had it been developed under
the general retail parking standard. This course of action
would require review and approval of an "imaginary" site
plan.
VA-90-30 Franklin Peters: This is not a comment on the
variance per se but to advise that this property is located
within an agricultural/forestal district which carries
certain limitations and requirements relative to
subdivision. Granting of the variance by the Board of
Zoning Appeals will in no fashion encumber review of any
Amelia Patterson
Page 3
May 1, 1990
more parking than anticipated as being necessary in the
event that some spaces are lost during site plan approval.
VA-90-34 Earlysville Family Health Care Center - This
property is located within the Earlysville Forest PUD and I
believe the 80 foot setback was an explicit condition of
approval of that development and, therefore, not subject to
variance (Please see file on Mother' s Care Cottage in Four
Seasons PUD) . The request as to increased sign area is an
inappropriate consideration of the Board of Zoning Appeals.
Again, please review Planning Commission and Board of
Supervisors minutes relative to numerous sign variances
granted in Four Seasons PUD.
VA-90-31 Independent Gas - U.S. Rte. 250W is recommended by
the CATS Study and 1989 Comprehensive Plan for improvement
and widening which would likely conflict with the proposed
structural expansion. Virginia Department of
Transportation (VDOT) should provide comment in this
regard. While sheltered access to gasoline pumps may be
desirable in order to maximize competitiveness, a condition
should be imposed as to "no compensation" either for
structural loss or other damage should the roadway be
improved.
In closing, I am at your disposal to attend either or both
Board of Zoning Appeals hearing to further discuss comments
outlined in this memorandum. Should you desire my presence
or that of any other member of the staff, please notify me as
soon as possible since calendars fill up.
RSK/jcw
Amelia Patterson
Page 2
May 1, 1990
subsequent subdivision proposal under the restrictions of the
agricultural/forestal district.
AP-90-01 George and Betty Graham appeal the Zoning
Administrator's determination that Section 4 . 1. 6 of the
Albemarle County Zoning Ordinance does not permit a sewage
treatment discharge system. It would be inappropriate to
isolate discussion solely to Section 4 . 1. 6. Review of this
issue should involve complete reading of Section 4 . 1 and
4 . 2 . As primary author of Sections 4 . 1 and 4 . 2 , I am unable
to find any reference to individual (as opposed to central)
point source discharge sewage treatment systems. To the
contrary, these ordinance sections were developed in
accordance with the Commonwealth of Virginia State Board of
Health Sewage Handling and Disposal Regulations (1971; 1980;
1982) as well as specific recommendation from the local
health department. The State Board of Health defines sewage
disposal system as "a sewerage system or treatment works
designed not to result in a point source discharge (emphasis
added) . " The requirements of Section 4 . 1 and 4 . 2 having been
based on regulations of the State Board of Health together
with specific recommendations from local health department
staff, therefore, prohibits point source discharge except as
may be otherwise allowed pursuant to Title 15. 1, Chapter 9 ,
Article 7 of the Code of Virginia.
VA-90-33 David W. & Martha J. Carr: This plat was approved
for recordation as a family division prior to current Rural
Area regulation regarding division of land but the plat was
not recorded in a timely fashion, expired, and is therefore
subject to current RA regulation. In formulating the
current RA regulations, we discussed at staff level, that
while State law provides special consideration for "family
division" under subdivision regulation as opposed to zoning
regulation, "family division" may warrant additional leniency
when confronted with current RA regulation (i.e. - not more
than 31 acres devoted to small lots) . The "family division"
plat recently submitted by the applicant is identical to the
previously approved plat and, therefore, should not be
deemed as any type of subterfuge to the new RA regulations.
Therefore, the Planning staff has no objection whatsoever to
the requested variance.
VA-90-36 Murray School - The County School Board has
received similar variances to the required number of parking
spaces in the past and the Planning staff can determine no
particular aspect relative to the current request to warrant
disapproval. To the contrary, the applicant has provided