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HomeMy WebLinkAboutVA199000051 Action Letter 1990-08-15 }kN .11.lfx,, J ,4 COUNTY OF ALBEMARL.E Deportment of Zoning 401 McIntire Road Charlottesville, Virginia 22901 451)( (SO4) 2N6-5875 August 15, 1990 Fisca Oil Company, Inc. #17 c/o Thomas Calloway Rt, 2 , Box 227A Dryfork, VA 24549 Re: Board of Zoning Appeals Action VA-90-51, Tax Map 78 , Parcel 14A Dear Mr. Calloway: This letter is to inform you that on August 14, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for VA-90-51. This variance allows relief from Section 21. 7 . 1 to reduce the setback for a new canopy with signage from 30 feet to 25 feet from a right-of-way and 17 feet from the new right-of-way subject to the following conditions: 1. No signage or logo be attached to the canopy, and 2 . All signage shall be consolidated into one sign, with removal of existing signs. If you have any further questions, please do not hesitate to contact me. Sincerely, 1. 1f) - 1 --Acriiiskj,A elia M. Patterson Zoning Administrator AMP/st cc: VA-90-52 Inspections Department a CORRECTED COPY STAFF PERSON: Amelia Patterson PUBLIC HEARING: August 14, 1990 STAFF REPORT - VA-90-51 OWNER/APPLICANT: Fisco Oil Co. TAX MAP/PARCEL: 78/14A ZONING: HC, Highway Commercial ACREAGE: 1. 16 acres LOCATION: On the south side of Route 250 east, adjacent to the east of the Toyota dealer. REQUEST: The applicant requests relief from Section 21.7 . 1 of the Albemarle County Zoning Ordinance, which states: "21. 7 MINIMUM YARD REQUIREMENTS 21. 7 . 1 Adjacent to public streets: No portion of any structure. . .shall be erected closer than thirty (30) feet to any public street right-of-way. . . " The applicant requests a reduction of the front yard setback for a new canopy with signage, from 30 feet to 25 feet from the present right-of-way or 17 feet from the future right-of-way. The canopy will be constructed in conjunction with new tank installation per the new EPA regulations. They also intend to install new electronic dispensers and a new facade on the existing building. The canopy is proposed to be a 26 X 67 foot, steel structure with blue and white facia. The proposed signs, one on each end of the canopy will each be 25 square feet red letters for "FISCO. " The applicant's justification includes: a) A canopy is necessary to provide the customer convenience necessary to be competitive in this market; b) The site will be improved by the building "facelift" ; c) The new dispensers will improve traffic flow. 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-83-04 Fisco Oil Company request for an attached canopy was withdrawn. VA-78-34 Hayne W. Dominick, Jr. was approved for a freestanding business sign of 318 square feet. Page 2 Staff Report - VA-90-51 RECOMMENDATION This property was originally developed prior to a Zoning Ordinance in Albemarle County. Staff concurs that a canopy would be more convenient for customers and thus would be economically advantageous. However, these two reasons do not satisfy the criteria for approval of a variance. Staff is supportive of the applicant's intent to improve the property with building and pump changes. However, we understand this work to be independent of and not contingent on construction of the canopy. Please Note: As a result of the highway widening, the two main signs on the frontage shall be removed. Staff recommends that in the future, all signage shall be removed and consolidated into one low monument style sign. We further recommend that signage be prohibited on the canopy. 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 that 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) No signage or logo be attached to the canopy. 2) All signage shall be consolidated into one sign, with removal of existing signs.