HomeMy WebLinkAboutVA199000034 Action Letter 1990-07-11 COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
July 11, 1990
Earlysville Family Health Center Inc.
c/o Andrew McFarlan or Jeffrey Wolfrey
P. 0. Box 197
Earlysville, VA 22936
RE: Board of Zoning Appeals Action
VA-90-34, Tax Map 31B, Parcel Cl
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
denied your request for VA-90-34 .
Anyone aggrieved by a decision of the Board can appeal their
decision to the Circuit Court of Albemarle County within thirty
(30) days of the decision.
If you have any questions, please contact our office.
Sincerely,
John W. Grady,
Deputy Zoning Administrator
JWG/dlp
cc: VA-90-34
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 16, 1990
Earlysville Family Health Center
ATTN: Dr. MacFarlan
P. 0. Box 197
Earlysville, VA 22936
RE: Application for Sign Permit
S-90-19
Dear Dr. MacFarlan:
Please be advised that the above referenced application can
not be approved as submitted. This parcel, known as Tax Map
31B, Parcel Cl is zoned PUD. The PUD zoning district only
allows one identification sign which can be two (2) square feet
maximum. Be further advised that the setback for this parcel is 80
feet.
In your particular case, the Board of Zoning Appeals approved
a variance on September 19, 1983 , to allow an identification
sign to be 9 square feet and to be located 60 -Voifittfare feet
from the property line. If you were replacing the existing
sign with a new sign under these limits there would be no
problem.
Your only other alternative is to seek another variance from
the Albemarle County Board of Zoning Appeals. Information
on this procedure is enclosed.
Sincerely,
4C6t-ciTh
John W. Grady
Deputy Zoning Administrator
JWG/kbd
Enclosures
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LETTIE E. NEHER
BOARD OF SUPERVISORS cLRK
DAMES R.BUTLER OFFICE OF BOARD OF SUPERVISORS LINDA E LEAKE
PATRICIA H.COOKE
E
401 MCINTIRE ROAD DEPUTY LEAK
GERALD HE E.FISHERCLERK
J.T. NL EY.JR. CHARLOTT ESVILLE.VIRGINIA 2 290 1-49 5
6
C.TIMOTHY LINDSTROM
February 10 , 1982 BARBARA J. MIA
DEPUTY CLERK
ELLEN V.NASH
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Mr. S. Daley Craig
P. O. Box 6156
Charlottesville , Virginia 22906
Dear Mr. Craig:
the Albemarle County Board of Supervisors
On April 15 , 1981 , ZMA-81-11 for Earlysville
approved your request for rezoning,
Forest P.U.D.
Due to a clerical error in our staff report , a condition
was inadvertently left out . The conditions of
of approvalappear in the official minutes of the Board
approovv al, as they
of Supervisors are as follows :
A. General
plan or subdivision approvals shall be given until
1. No eenal siteplan for the entire
three (3) co pies of a revised preliminary contained herein,
development, reflecting conditions of approvalfiSu
ned herei
have been submitted to the Departmeentd of
Plann Bing.oard approval of
shall be submitted within sixty (60)
this petition.
2. Approval is for a maximum of 155 single-family
lots subject to
ous
conditions contained herein. Locations
and
aacreages of pl . -In the £vinalari site
land uses shall comply with the approved
plan and subdivision process, open space shall be dedicated in
proportion to the number of lots approved. The Commission may
en space in a particular
permit dedication of a lesser acreage of reas from that section
s
case due to the remoteness of openspace ahall open-space consist of
platted; provided that, in no event, and provided further
less than 25% of the cumulative area platted;
that the cumulative total of 171 acres
sfshall
b e dadicatedoconcomitant
with the approval of the final phase
•
No gradingor construction on slopes of 25% or greater except as
3 approved
necessary for road construction and lake construction as
by the County Engineer;
Mr. S. Daley Craig
February 10 , 1982
Page 2
4. No grading shall occur in any area until final subdivision or
site plan approval has been obtained;
5. County Attorney approval of Homeowners' Association agreements
prior to final approvals to include maintenance of private roads,
lakes and dams, and common open space;
6. County Engineer approval of dam specifications; County Engineer
and Zoning Department inspection of dam construction;
7. The public recreation area shall be dedicated prior to any site
plan or subdivision approval.
8. Only those areas where a structure, utilities, streets, pedestrian
ways, lakes, or other improvements are to be located shall be
disturbed; all other land shall remain in its natural state;
9. Developer will provide sedimentation control provisions to protect
Chris Green Lake until the lakes are constructed, subject to
approval of the County Engineer.
B. Commercial Area
1. No commercial use shall be approved until 100 residential lots
have been approved and recorded;
2. Uses permitted within the commercial area may be established as
follows:
a. The following retail sales and services establishments:
1) Antique, gift, jewelry, notion and craft shops;
2) Clothing, apparel and shoe shops;
3) Department store;
4) Drug Store, pharmacy;
5) Florist;
6) Food and grocery stores including such specialty shops
as bakery, candy, milk dispensary and wine and cheese
shops;
7) Furniture and home appliances ( sales and service);
8) Hardware store; •
9) Musical instruments;
10) Newstands, magazines, pipe and tobacco shops;
11) Optical goods;
12) Photographic goods;
13) Visual and audio appliances;
14) Sporting goods;
15) Retail nurseries and greenhouses.
Mr. S. Daley Craig
February 10 , 1982
Page 3
b. The following services and public establishments:
1) Administrative, professional offices:
2) Barber, beauty shops;
3) Churches, cemeteries;
4) Clubs, lodges - civic, fraternal, patriotic;
5) Financial institutions;
6) Fire and rescue squad stations;
7) Funeral homes;
8) Health spas;
9) Indoor theaters;
10) Laundries, dry cleaners;
11) Laundromat (provided that an attendant shall be on duty
at all hours during operation);
12) Libraries, museums;
13) Nurseries, day care centers;
14) Eating establishments;
15) Tailor, seamstress;
16) Automobile service stations;
17) Electric, gas, oil and communication facilities excluding
multi-legged tower structures and including poles, lines,
transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by
a public utility. Water distribution and sewage collection
lines, pumping stations and appurtenances owned and operated
by the Albemarle County Service Authority.
18) Public uses and buildings such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local,
state or federal agencies; public water and sewer transmission,
main or trunk lines owned or operated by the Rivanna Water
and Sewer Authority;
19) Temporary construction uses;
20) Temporary events of local non-profit organizations;
21) Medical center.
c. By special use permit:
1) Commercial recreation establishments;
2) Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and
appurtenances; unmanned telephone exchange centers, micro-
wave transmission and relay towers, substations and appurtenances;
3) Hospitals;
4) Fast food restaurant;
5) Veterinary office and hospital.
3. A building setback of 80 feet from the centerline of Route 743 shall
be maintained. /40" -47/W
.
Mr. S. Daley Craig
February 10 , 1982
Page 4
C. Roads
1. County Engineer approval of private road plans.
2. Virginia Department of Highways and Transportation approval of
public road plans prior to any final site plan or subdivision
approvals. In such review, Virginia Department of Highways should
be mindful of the County's intent to limit encroachment of the
public road on Earlysville Heights to the maximum extent practical.
3. Prior to any final approval, the applicant shall propose a method
of buffering adjacent lots in Earlysville Heights from the public
road. If practical, such buffer shall be installed prior to any
grading and/or construction.
D. Utilities; Fire Protection
1. Virginia Department of Health approval of two (2) septic field
locations within each lot prior to Planning Commission approval of
any such lot. Any lot not having adequate septic field location
shall be combined with a buildable lot and/or added to the common
open space. In addition, Homeowners' Association agreement shall
include provision for use of open space for residential septic
drainfields, if necessary;
2. All uses shall be served by one or more central water systems
approved in accordance with the regulations of the Virginia
Department of. Health, the Code of Albemarle County, and all other
applicable law. Water lines and appurtenances shall be sized and
designed in accordance with Albemarle County Service Authority
specifications for possible future acceptance;
3. If a central well system is employed, Fire Official approval of
appurtenances for future possible fire hydrant installations.
Fire Official approval of appurtenances for future possible hydrant
system prior to issuance of any certificate of occupancy;
4. If a public water system is employed, Fire Official approval of
hydrant locations and fire flow prior to issuance of any certificate
of occupancy;
5. A building separation of 100 feet shall be maintained for dwellings.
Very truly yours ,
• Barbara J. Flammia
Deputy Clerk
BJF/yb
cc : /R. Keeler, Planning Dept. •
R. Vaughn, Zoning Admin.
STAFF PERSON: John Grady
PUBLIC HEARING: July 10, 1990
STAFF REPORT - VA-90-34
OWNER/APPLICANT: Earlysville Family Health Center, Inc.
c/o Andrew McFarlan or Jeffrey Wolfrey
TAX MAP/PARCEL: 31B/C1
ZONING: PUD, Planned Unit Development
ACREAGE: 0.865 acres
LOCATION: Located on the northeast corner of the
intersection of Route 743 and Earlysville Forest
Drive, within the Commercial area.
REQUEST:
The applicant requests relief from Section 4. 15. 3 . 5 of the
Albemarle County Zoning Ordinance, which states:
Residential; Planned Unit Development. Identification Signs
Provided (a) not more than two (2) square feet in area, (b)
not more than one (1) on any lot or premises.
The applicant is requesting a variance to increase the area of an
identification sign from 2 square feet to 28 square feet, a
variance of 26 square feet.
Applicant's justification includes the following:
1. A sign is needed to help patients and clients find the office.
2 . We pay full commercial development rates on the building and
feel we should be able to have signage comparable to other
professional office centers not zoned P.U.D.
3 . Regular commercial zoning would allow us significantly more
square footage than our proposed sign.
4 . Despite the P.U.D zoning we have a large 6000 square feet
commerical building with 3 physicians, a dentist and a family
counselor.
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:
Page 2
Staff Report - VA-90-34
On September 28, 1983 , the Board of Zoning Appeals approved
VA-83-67 which allowed a 9 square foot identification sign to be
placed on the property, a size variance of 7 square feet. A
variance was also granted under VA-83-67 to reduce the setback
requirement from 80 feet to 60 feet.
The applicant in this case has received administrative approval
from the Director of Planning for the sign to be located 1 foot
from the right-of-way line of Route 743 . This eliminates the need
for a setback variance by the Board of Zoning Appeals in this
case. This determination by the Planning Director per Section
8 . 5. 6. 3 of general accord with the application plan, will be noted
for the Board of Supervisors by memo.
RECOMMENDATION:
As the Board of Zoning Appeals, is aware, Zoning staff is
reviewing and rewriting the County sign regulations. At this
time, our recommendation for freestanding signage is for a low
monument-type sign of 32 square feet maximum which provides a
development center name, for example, Earlysville Professional
Center. Individual business names would not appear on the
frontage sign. Additional internal signage on the building or in
directories will adequatedly identify individual businesses. The
proposed sign will name each tenant within this building. There
are 3 additional commercial lots (2 vacant) which may seek
signage. Staff recommends a combined effort for signage (1) at
this time.
The proposed sign is constructed of wood. It is a green
background with white lettering. The sign composition is
compatible with the rural village setting.
Under the administrative authority for Planned Unit Developments,
the Planning Director has reviewed and approved sign location.
Therefore, the setback is not at issue here, only the size.
It is Zoning staff's opinion, that the proposed sign size is not
appropriate on two counts:
1. At only a 1 foot setback, this size is not necessary for the
sign to be readily visible to motorists; and
2 . This development is not within an urban setting. Large signs
close to the road are not compatible with a rural setting.
Page 3
Staff Report - VA-90-34
Therefore, 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.
Amelia Patterson
Page 2
June 22 , 1990
)VA-90-34 Earlysville Family Health Center: This property is
situated in a PUD. While the sign regulations of a PUD may
or may not be viewed as adequate, the Board of Supervisors
expressed concern that in the Four Seasons PUD multiple sign
variances were granted over the years. In this case, the
commercial area consists of multiple lots and it may be
appropriate for the BZA to consider the future implications
of granting individual variances.
VA-90-45 Thomas P. or Lois H. Nottingham: Several variances
of this nature have been entertained in the past and appear
to result from inadequate or inaccurate inspection as to
setback and yard requirements. Electronic devices are
available at modest cost which can accurately measure
distance and require no judgement for usage. County
acquisition of such equipment could avoid future exposure of
the public to the uncertainty of variance as well as reduce
costs to every party involved.
VA-90-46 Virginia Land Trust: The applicant proposes
location of a three bedroom dwelling on a site which does
not meet County requirements for location of a three bedroom
dwelling. Reasonable usage of the land can be achieved by
location of a smaller dwelling. For areas not served by
central or public utilities, it is the County's policy that
development not exceed the support ability of the land.
There are many properties which cannot support a three
bedroom dwelling on well and septic system "in the same
zoning district" and there may be other properties in "the
same vicinity" (Section 34 .2) .
VA-90-47 County of Albemarle School Board: I believe that
for each public school developed or expanded since adoption
of this ordinance in 1980, the School Board has sought
variance. It would appear that if the School Board does not
agree with zoning regulation, an amendment would be
appropriate. This was suggested several years ago. I do
not think that "government" schools can be continually
granted variance, and then "government" regulation can be
successfully asserted against private schools of similar
character.
VA-90-48 Alma Ball, Etal : I have read the justification for
this request together with measures proposed by the
applicant and I would recommend that the applicant's
proposal be viewed as consistent with the intent of the RA
zone as well as specific language of Section 10. 3 . 1. In
this particular case I DO NOT BELIEVE VARIANCE IS REQUIRED.
RSK/jcw