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HomeMy WebLinkAboutVA199000038 Action Letter 1990-06-20 „ r, .�r IIII. y1. 1P00; COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 20, 1990 James E. Crenshaw Rt 13 , Box 3 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-90-38, Tax Map 78, Parcel 4 Dear Mr. Crenshaw: This letter is to inform you that on June 19, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-38, subject to the following conditions recommended by staff: 1. That the mobile unit be screened from public view to the satisfaction of the Zoning Administrator; 2 . That the variance approval shall not exceed twelve (12) months; 3 . That a site plan for its permanent use shall be submitted in an acceptable form to the Planning Department within 8 months of the date of this variance approval ; 4 . Last extension granted. This variance approval allows relief from Section 5. 8 of the Albemarle County Zoning Ordinance in order for a temporary nonresidential trailer to remain located on the site without approval of a site plan. If you have any questions, please contact our office. Sincerely 144-1') John Grady Deputy Zoning Administrator JG/srp cc: VA-90-38 STAFF PERSON: John Grady PUBLIC HEARING: June 19, 1990 STAFF REPORT - VA-90-38 OWNER: Leased Stations, Inc./Texaco APPLICANT: James E. Crenshaw TAX MAP/PARCEL: 78/4 ZONING: HC, Highway Commercial ACREAGE: 1. 3 acres LOCATION: North side of Route 250 at its intersection with Route 20. REQUEST: The applicant seeks a variance from Section 5.8 of the Albemarle County Zoning Ordinance. This section states: "5.8 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 mobile home shall be removed within thirty days (30) of issuance of a certificate of occupancy for the permanent structure. Temporary nonresidential mobile home permits shall be subject to the following conditions: a. Site plan approval if applicable; . . . " The applicant is requesting that the office trailer be allowed to remain in its current location for an additional 18 months. The applicant's justification includes: 1. Needs the mobile office trailer to retain dealership license for used cars. 2 . Applicant is trying to purchase adjacent property and will need the office trailer for construction purposes. 3 . Plans for major redevelopment of this and adjoing property are currently being made. Page 2 Staff Report - VA-90-38 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-87-21: On April 26, 1987 the Board of Zoning Appeals granted relief of Section 5.8 of the ordinance to allow the existing mobile unit to be placed on the property for 18 months. VA-88-80: On February 14, 1989 the Board of Zoning Appeals approved the applicant's request for an additional 12 months so the mobile unit could remain as located. RECOMMENDATIONS: It is Zoning and Planning staff's opinion that a variance of this type is beyond the Board of Zoning Appeals' purview. It is a procedural requirement, which is not enumerated within the statue for the Board of Zoning Appeals' authority. Planning Staff has commented: "I believe the Board of Zoning Appeals granted prior variances in both cases. (Sperry and Crenshaw Texaco) These are examples of problems which arise with procedural variances and variances with time limits. How, in the first place, does the Board of Zoning Appeals determine a "hardship" and when confronted with the same request a couple of years later, determine that no hardship exists?This issue was the very basis for the requirements of Section 5.8 - a demonstration that the applicant intended to pursue actual building construction, as opposed to turning a "temporary" trailer situation into a "permanent" circumstance through repetitive renewal. " The previous approval of this temporary mobile office use expired on February 14, 1990. There is at present no provision in the Zoning Ordinance for the temporary use of a mobile unit as an office, except as shown in Section 5.8 . The applicant has indicated that he is ready to submit a site plan and building plans. However, at present the applicant has not provided a site plan, therefore, staff recommends denial for cause. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; Page 3 Staff Report - VA-90-38 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. In the event the Board of Zoning Appeals should find cause to approve this request, the following conditions should be considered: 1. That the mobile unit be screened from public view to the satisfaction of the Zoning Administrator; 2 . That the variance approval shall not exceed twelve (12) months; 3 . That a site plan for its permanent use shall be submitted in an acceptable form to the Planning Department within six (6) months of the date of this variance approval.