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HomeMy WebLinkAboutVA199000044 Action Letter 1990-06-21 I111 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 21, 1990 Sperry Marine, Inc. 1070 Seminole Trail Charlottesville, VA 22901 ATTENTION: W. A. Finley RE: Board of Zoning Appeals Action VA-90-44 , Tax Map 61W, Parcel 03-19 This letter is to inform you that on June 19, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for VA-90-44, subject to the following conditions: 1. That the mobile units be screened from public view by the use of opaque fencing, if necessary; 2 . That the variance be granted for a period not to exceed twenty-four (24) months; 3 . That the variance be non-renewable; 4 . No certificate of occupancy shall be issued until a site plan for the new building construction has been submitted to the Planning Department. This variance approval allows relief from Section 5.8 of the Albemarle County Zoning Ordinance to allow temporary use of six (6) mobile office trailers without prior approval of a site plan. If you have any questions, please contact our office. Sincerely, Cfr)i. Amelia M. Patterson Zoning Administrator AMP/srp cc: VA-90-44 Ed Bain COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 December 18, 1990 Sperry Marine, Inc 1070 Seminole Trail Charlottesville, VA 22901 RE: ZTA-90-11 Sperry Marine, Inc Dear Sirs: The Albemarle County Board of Supervisors, at its meeting on December 5, 1990, adopted the attached Ordinance to amend Albemarle County Zoning Ordinance in Section 5.8, Temporary Nonresidential Mobile Homes, to allow usage of temporary mobile units without approved site plan for main use. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, (2/1.)Or V. Wayn//Cilimberg Direct•r of Plann ng Community Development VWC/j cw cc: Amelia Patterson la �� AN ORDINANCE TO AMEND AND REENACT SECTION 5 . 0 SUPPLEMENTAL REGULATIONS IN SUBSECTIONS 5 . 8 AND 5 . 8 . 1 , TEMPORARY NONRESIDENTIAL MOBILE HOMES, OF THE ALBEMARLE COUNTY ZONING ORDINANCE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 5 . 0 , SUPPLEMENTAL REGULATIONS, in Subsections 5 . 8 and 5 . 8 . 1 , Temporary Nonresidential Mobile Homes, of the Albemarle County Zoning Ordinance is hereby amended and reenacted, as follows : 5 . 8 TEMPORARY NONRESIDENTIAL MOBILE HOMES A temporary nonresidential mobile home may be authorized by the zoning administrator provided the mobile home is necessitated to provide additional space for employees , students or other people and is to be an activity area as opposed to being employed for storage purposes or equip- ment which could be accommodated in an accessory struc- ture. Such mobile home shall be located on the same site as the main established use for which additional space is needed. In the event of the expansion of the main permanent structure, the mobile home shall be removed within thirty ( 30 ) days of issuance of a certificate of occupancy for the permanent structure. Temporary nonresi- dential mobile home permits shall be subject to the following conditions: a. Administrative approval of site development plan after submittal to site review committee; b. Albemarle County building official approval; c. The applicant and/or owner of the property shall certify as to the intent for locating the mobile home at the time of application; d. Skirting to be provided from ground level to base of mobile home within thirty ( 30) days of the issuance of a certificate of occupancy. (Added 3-5-86 ) 5 . 8 . 1 EXPIRATION, RENEWAL Any permit issued pursuant to section 5 . 8 shall expire three ( 3 ) years after the date of issuance unless expan- sion of the main permanent structure shall have commenced and is thereafter prosecuted in good faith. The zoning administrator may revoke any such permit after ten ( 10 ) days written notice, at any time upon a finding that 1 construction activities have been suspended for an unreasonable time or in bad faith. The zoning admini- strator may extend the time of such expiration for not more than two ( 2 ) successive periods of one ( 1 ) year each during expansion of the main permanent structure. * * * * * I , Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of an ordinance adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on December 5 , 1990 . j � , Clerk, Board of o my Supervisors 1 COUNTY OF ALBEMARLE J�--17,1 ui .r J C' tocvNAN MEMORANDUM Amelia Patterson, Zoning Administrator TO: Ronald S. Keeler, Chief of Planning , 4 , FROM: June 5, 1990 DATE: Board of Zoning Appeals (BZA) RE: June 19, 1990 Agenda The following comments are offered without site inspection or review of file information except such information as forwarded by your Department, and should be viewed in that context: VA-90-38 Star Enterprises; VA-90-44 Sperry Marine, Inc: I believe the BZA granted prior variances in both cases. These are examples of problems which arise with procedural variances and variances with time limits. How, in the first place, does the BZA 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 §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. AP-90-08 Kegler' s Bowling Alley: The applicant has appealed the Zoning Administrator's determination that speed bumps are prohibited by §4. 12 . 6.2 . Section 4. 12 . 6. 2 states among other things that "direct, unobstructed accessways for emergency vehicles to and around buildings and uses shall be provided as specified by the Albemarle County Fire Official. Speed bumps, gates and other impediments to emergency access shall be prohibited unless otherwise recommended by the fire official in a particular case. (underlining added) . In this particular case the fire official is opposed to the installation of speed bumps. Furthermore, §32 .7 . 2 .7 of the SITE DEVELOPMENT PLAN provisions (which the applicant has neither appealed nor requested variance from) authorizes the Amelia Patterson Page 2 June 5, 1990 Director of Planning and Community Development to review on-site parking and circulation for "safe and convenient vehicular circulation patterns. " I cannot believe that the language of §4. 12 . 6.2 and 32 .7.2 .7 can be more clear. Neither the fire official nor the director of planning and community development nor the Planning Commission have authorized installation of these speed bumps and these speed bumps are not shown on the approved site plan. Therefore, the speed bumps stand as prohibited (and lacking proper approvals by the various site plan reviewers) the BZA should sustain the Zoning Administrator, and the speed bumps should be caused to be removed. RSK/jcw STAAFF PERSON: Amelia Patterson PUBLIC HEARING: June 19, 1990 STAFF REPORT - VA-90-44 OWNER/APPLICANT: Sperry Marine, Inc. TAX MAP/PARCEL: 61W/03-19 ACREAGE: 47 .512 ZONING: LI, Light Industrial LOCATION: 1070 Seminole Trail on the west side of Route 29 approximately . 1 mile south of its intersection with Route 743 . REQUEST: The applicant seeks a variance from Section 5. 8 of the Albemarle County Zoning Ordiance, which states: "5.8 Temporary Nonresidential Mobile Homes A temporary nonresidential mobile home way 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 (30) days 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; b. Albemarle County building official approval; c. The applicant and/or owner of the property shall certify as to the intent for locating the mobile home at the time of application. d. Skirting to be provided from ground level to base of mobile home within thirty (30) days of the issuance of a certificate of occupancy. The applicant proposes to place six (6) mobile office units in one area on the property. They will be utilized for 36 employees and related office equipment, which is now located in leased offices off site. The lease will expire August 31, 1990. The applicant has a short time need (up to 2 years) for additional office space. They have long range plans for building addition. RELEVANT HISTORY: Variances of this type have previously been approved for Sperry in 1987 and 1989 (VA-87-22 and VA-89-47) . The variance in 1987 was voided by the applicant's request. The applicant is currently in the process of designing a site plan for building expansion. Page 2 Staff Report - VA-90-44 RECOMMENDATION: The applicant seeks a variance to allow placement of the mobile office units on the property without prior County approval of a site plan for a permanent addition. There is at present no provision in the Zoning Ordinance for temporary use of a mobile unit as an office, except as shown in Section 5.8 above. It is Zoning and Planning staff's opinion that a variance of this type is beyond the Board of Zoning Appeals' preview. It is a procedural requirement, which is not enumerated within the statute for the Board of Zoning Appeals' authority. Planning Staff has commented: "I believe the Board of Zoning Appeals granted prior variances in both cases. These are examples of problems which arise with procedural variances and variances with time limits. How, in the first place, does the Board Zoning Appeals determine a "hardship and when confronted with the same request a couple a 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 application should be denied for cause: 1. The applicant has not provided sufficient evidence to show that 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 his perceived hardship is unique to his property in contradistinction to other properties in the same zoning district; 3 . The applicant has not provided evidence to demonstrate that the authorization of the variance will not be of substantial detriment to the adjacent properties or that the character of the district will not be altered. Page 3 Staff Report - VA-90-44 In the event the Board of Zoning Appeals should find cause to approve the applicant's request, the following conditions should be considered: 1. That the mobile units be screened from public view by the use of opaque fencing, if necessary; 2 . That the variance be granted for a period not to exceed twenty- four (24) months; 3 . That the variance be non-renewable; NOTE: Approval of VA-89-47 for six office trailers required the following: "Site plan submitted to the Planning Department of the new building construction within twelve (12) months of the variance approval date. " This twelve month period will expire July 11, 1990. To be consistent with and to provide a further, mechanism for compliance, the following additional condition should be considered: 4 . No certificate of occupancy shall be issued until a site plan for the new building construction has been submitted to the Planning Department.