HomeMy WebLinkAboutVA199000055 Action Letter 1990-08-15 -40
COUNTY OF ALBEMARLE
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August 15, 1990
DeTfar Land Trust
c/o Don DeLuce
2275 enincle Trail
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
Ta>: Map 45B(1) , Parcel 05-C4
Dear Mr. DeLuce:
This letter is to inform you that on August 14 , 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously deferred your request for VA-90-55 to August 21, 1990
in ordr for you to provide the exact location of the sign on the
site plan. It was your intention to request a 10 foot setback
instead of a "0" foot setback. The meeting will be held at 3 : 00
p.m. in Meeting Room #7 , Second Floor, County Office Building.
If you have any questions, please contact our office.
Sincerely,
John Grady
Deputy Zoning Administrator
JG/st
cc: VA- 0- ';5
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August 22 , 1990
Delfar Land Trust
c/o Don DeLuce
2275 Seminole Trail
Charlottesville, VA 22901
RE: Board of Zoning Appeals Action
VA-90-55, Tax Map 45B(1) , Parcel 05-C4
Dear Mr. DeLuce:
This letter is to inform you that OA August 21, 1990, during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
granted your request for VA-90-55. This approval allows relief
from Section 21. 7 . 1 to reduce the setback requirement from a
right-of-way for a freestanding sign from 30 feet to 10 feet
subject to the following conditions:
1 . Site shall be limited to ono (1) freestanding sign, and
2 . No roof signs allowed.
If you have any questions, please do not hesitate to call .
Sinc ely,
774-6411
John Grady
Deputy Zoning Administrator
JG/st
cc: VA-90-55
STAFF PERSON: John Grady
PUBLIC HEARING: August 21, 1990
STAFF REPORT - VA-90-55
OWNER: Delfar Land Trust (owner)
APPLICANT: Automart USA Daihatsu
TAX MAP/PARCEL: 45B1/05-C4
ZONING: HC, Highway Commercial
ACREAGE: 1. 14 acre
LOCATION: Located on the east side of Route 29 north,
approximately . 3 mile north of the Carrsbrook
intersection.
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 except signs advertising sale or rental of
the property shall be erected closer than thirty (30)
feet to any public street right-of-way. "
The applicant is requesting a 30 foot variance in order to erect a
freestanding business sign 0 feet from the right-of-way of a
service road. Proposed sign is 98 square feet in size, 26 feet in
height, material make up is flexface vinyl and aluminum.
The applicants' justification includes the following:
1. The service road and additional right-of-way more than doubles
the normal setback requirement for a freestanding business sign
along the Route 29 north 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-90-18, Wendall Wood, Tax Map 45B1, Parcel 06-1B, Federal
Express Center: A variance was approved for this parcel on April
10, 1990 to reduce the front yard setback from 30 feet to 10 feet
for the placement of a freestanding sign.
Conditions of approval:
a) Site shall be limited to one (1) freestanding (pedestal)
sign not to exceed 50 square feet and shall identify the
site only. No freestanding menu board shall be used.
b) No roof signs shall be erected on this site.
Page 2
Staff Report - VA-90-55
RECOMMENDATION:
Staff concurs with the applicant that the setback from Route 29
travelway for signs on those lots that front along the service
road does appear to be more than double that for other lots along
Route 29. However, this hardship may be self imposed by the
applicant's choice of business location. It should also be noted
that the remaining properties along the service road will share
the same hardship for setback from Route 29.
The proposed sign also will not meet the height or aggregate area
criteria that is being recommended for the new sign regulations.
Staff recommendations at this time for the new sign regulations
that are relative to the applicants' proposal are as follows:
1) Maximum aggregate area 50 square feet.
2) 6 to 8 feet high pedestal or monument style signs are
recommended.
3) Ten foot height limitation for freestanding signs. A five
(5) foot exception my be granted by the Zoning Administrator
to this height limitation for topographical hardship or off-
site obstruction that may limit visibility
The applicants' request does not meet the current ordinance
requirements nor the staff proposed amendment There is no unique
undue hardship in this case 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.