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HomeMy WebLinkAboutVA199000068 Action Letter 1990-12-12 S�pF AI,pF,t' Hui r� ,'i'>RctN�� COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 October 19, 1990 Fred S. Landess Court Square Building P. 0. Box 1288 Charlottesville, VA 22902 RE: AP-90-05 and VA-90-68 Multi-Channel TV Cable Company Dear Mr. Landess: At their meeting on October 16, 1990, the Albemarle County Board of Zoning Appeals unanimously accepted your request for deferral of the two above-noted applications. They will be rescheduled at the earliest available meeting, on December 11, 1990. PLEASE BE ADVISED: The appeal will not be scheduled for public hearing unless the written justification or grounds thereof has been submitted by November 12th at 5: 00 p.m. This is an explicit requirement for filing an appeal pursuant to Section 34 . 3 of the Albemarle County Zoning Ordinance. If you have any questions, please contact our office. Sincerely, of Amelia M. Patterson Zoning Administrator AMP/sp cc: „&ALN,,, COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 12 , 1990 Fred Landess Court Square Building P. O. Box 1288 Charlottesville, VA 22902 RE: Board of Zoning Appeals Action VA-90-68 Tax Map 45, Parcel 16A Dear Mr. Landess: This letter is to inform you that on December 11, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-68 subject to the following conditions: 1. Compliance with letter of December 7 , 1990 from Delmas Hanley of Adelphia Cable to Dennis Rooker, as amended under item #3 by staff at the meeting. A copy of the December 7th letter is attached. 2 . Any additional dishes shall comply with setbacks or require amendment of this variance. 3 . Replacement dishes may be no larger in circumference unless setback further. 4 . Zoning Administrator approval of the color of replacement dishes. This variance allows relief from Section 10. 4 of the Albemarle County Zoning Ordinance to reduce the setbacks for four satellite dishes, a building and tower, all existing, as follows: three dishes, to reduce setback from 25 to between 8 and 22 feet; two dishes, to reduce setback from 35 to 26 feet; the building, to reduce setback from 25 to 15 feet; and the tower, to reduce setback from 25 to 12 feet subject to the following conditions: Page 2 Fred S. Landess Letter December 12 , 1990 Please notify the Zoning Department as items #1, 2 , 3 , and 4 are complied with in the December 7th letter of condition #1. If you have any questions, please do not hesitate to call. Sincerely, -Rt Amelia M. Patter on Zoning Administrator AMP/st cc: VA-90-77 Inspections Department Bill Fritz Enclosures STAFF PERSON: Amelia Patterson PUBLIC HEARING: December 11, 1990 STAFF REPORT - VA-90-68 OWNER/APPLICANT: Multi-Channel TV Cable Co. TAX MAP/PARCEL: 45/16A ZONING: Rural Areas ACREAGE: 0. 63 acres LOCATION: On the west side of Earlysville Road, approximately 0.2 mile past the intersection with Route 631 at the Rock Store. REQUEST: The applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: "10. 4 AREA AND BULK REGULATIONS Yards, minimum Side. . . 25 feet Rear. . . 35 feet" The applicant seeks a variance to reduce the setbacks for four satellite dishes, a building and tower, all existing, as follows: a) three (3) dishes to reduce the side setback from 25 feet to 8 , 9, and 22 feet; b) two (2) dishes to reduce the rear setback from 35 feet to 26 feet; c) the existing building to reduce the side setback from 25 feet to 15 feet; and d) the tower to reduce the side setback from 25 feet to 12 feet. (NOTE: ONE (1) dish d9e$_ not meet side or rear setbacks. ) WONP The building, towe and one satellite dish have been on the property since 1979 or 1980. All of these structures were onsite when the current owners purchased the property two years ago. The satellite antennae (dishes) are receiving television programming from various satellite transponders located in a geosynchronous orbit some 2 , 500 miles above the earth's equator. The applicant's justification includes: 1. The structures all exist. The dishes currently are anchored in a location which affords an unobstructed look angle to the satellite arch which passes above the tires. 2 . Relocation of the dishes towards the center of the property would be difficult and expensive and would interrupt service. 3 . Relocation to other property would result in significant design changes and rebuilding. Alternate sites are not readily available. Staff Report - VA-90-68 Page 2 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: The site was first developed in 1979 with SP-79-32 under the name of Virginia Television. The original special permit plan shows the building, tower and one satellite dish, in their approximate current location. o On May 2, 1990 the Board of Supervisors approved SP-90-19 Multi-Channel TV Cable Company. This allowed an expansion of use with construction of a new larger building to house the satellite reception and decoding equipment. At this and a later meeting, the Board questioned whether the existing satellite dishes had received County approval. Research revealed no permits or plans for more than the one dish shown with SP-79-32 . o On August 28, 1990 during their review of the site plan for the new building, the Planning Commission questioned the setbacks of the satellite dishes, and deferred action on the plan. o In late August, 1990, I determined that all the structures must comply with primary setbacks. Based on field investigation, I determined that these structures did not comply. o Pending the outcome of the appeal and variance, the site plan and planned construction have been delayed. RECOMMENDATION The dishes appear to be the structure of most concern and less permanence. There is no written record of the County's approval of the four newer satellite dishes. However, it is possible that verbal approval was received. Satellite dishes for utility companies are exempt from the BOCA Code, and would probably not have required a building permit. Most dishes are accessary to a residence, which permits a reduced setback which these do meet. Perhaps other Zoning Administrators would have determined these dishes to be subject only to accessory structure setbacks. Staff is not knowledgeable about this use, and accepts the applicant's justification. We would note that there does not appear to be sufficient room available for these dishes to comply with setbacks. The applicant has explained that it is not possible to reduce the number of dishes. Staff Report - VA-90-68 Page 3 Staff must note that there have been concerns over the dishes raised by neighbors in Roslyn Ridge subdivision, adjacent to the rear of this site. Due to the topography, the dishes are visible from adjoining property. The reduced setback reduces the area available to provide new evergreen trees for landscaped screening. Staff therefore recommends a condition to require landscape easement(s) on adjoining residential property. Painting the rear of the dishes a more compatible color has been explored by the applicant. This would void their warranties for these structures. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has provided that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3 . The applicant has 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. Staff recommends the following conditions: 1. Planning staff approval of landscaping in compliance with the Zoning Ordinance screening requirements. This may necessitate easements to allow offsite plantings on adjacent residentially developed property. 2 . Any additional dishes shall comply with setbacks or require amendment of this variance. 3 . Replacement dishes may be no longer in circumference unless setback further. 4 . Zoning Administrator approval of the color of replacement dishes. STAFF PERSON: Amelia Patterson PUBLIC HEARING: October 16, 1990 STAFF REPORT - VA-90-68 OWNER/APPLICANT: Multi-Channel TV Cable Co. TAX MAP/PARCEL: 45/16A ZONING: Rural Areas ACREAGE: 0. 63 acres LOCATION: On the west side of Earlysville Road, approximately 0.2 mile past the intersection with Route 631 at the Rock Store. REQUEST: The applicant requests relief from Section 10. 4 of the Albemarle County Zoning Ordinance, which states: "10.4 AREA AND BULK REGULATIONS Yards, minimum Side. . . 25 feet Rear. . . 35 feet" The applicant seeks a variance to reduce the setbacks for four satellite dishes, a building and tower, all existing, as follows: a) three (3) dishes to reduce the side setback from 25 feet to 8, 9, and 22 feet; b) two (2) dishes to reduce the rear setback from 35 feet to 26 feet; c) the existing building to reduce the side setback from 25 feet to 15 feet; and d) the tower to reduce the side setback from 25 feet to 12 feet. (Note: One (1) dish does not meet side or rear setbacks. ) The building, tower and one satellite dish have been on the property since 1979 or 1980. All of these structures were onsite when the current owners purchased the property two years ago. The satellite antennae (dishes) are receiving television programming from various satellite transponders located in a geosynchronous orbit some 2 , 500 miles above the earth's equator. The applicant's justification includes: 1. The structures all exist. The dishes currently are anchored in a location which affords an unobstructed look angle to the satellite arch which passes above the tires. 2 . Relocation of the dishes towards the center of the property would be difficult and expensive and would interrupt service. 3 . Relocation to other property would result in significant design changes and rebuilding. Alternate sites are not readily available. Staff Report - VA-90-68 Page 2 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: The site was first developed in 1979 with SP-79-32 under the name of Virginia Television. The original special permit plan shows the building, tower and one satellite dish, in their approximate current location. o On May 2, 1990 the Board of Supervisors approved SP-90-19 Multi-Channel TV Cable Company. This allowed an expansion of use with construction of a new larger building to house the satellite reception and decoding equipment. At this and a later meeting, the Board questioned whether the existing satellite dishes had received County Approval. Research revealed no permits or plans for more than the one dish shown with SP-79-32 . o On August 28, 1990 during their review of the site plan for the new building, the Planning Commission questioned the setbacks of the satellite dishes, and deferred action on the plan. o In late August, 1990, I determined that all the structures must comply with primary setbacks. Based on field investigation, I determined that these structures did not comply. o Pending the outcome of the appeal and variance, the site plan and planned construction have been delayed. RECOMMENDATION: The dishes appear to be the structure of most concern and less permanence. There is no written record of the County's approval of the four newer satellite dishes. However, it is possible that verbal approval was received. Satellite dishes for utility companies are exempt from the BOCA Code, and would probably not have required a building permit. Most dishes are accessary to a residence, which permits a reduced setback which these do meet. Perhaps other Zoning Administrators would have determined these dishes to be subject only to accessory structure setbacks. Staff is not knowledgeable about this use, and accepts the applicant's justification. We would note that there does not appear to be sufficient room available for these dishes to comply with setbacks. The applicant has explained that it is not possible to reduce the number of dishes. Staff Report - VA-90-68 Page 3 Staff must note that there have been concerns over the dishes raised by neighbors in Roslyn Ridge subdivision, adjacent to the rear of this site. Due to the topography, the dishes are visible from adjoining property. The reduced setback reduces the area available to provide new evergreen trees for landscaped screening. Staff therefore recommends a condition to require landscape easement(s) on adjoining residential property. Painting the rear of the dishes a more compatible color has been explored by the applicant. This would void their warranties for these structures. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has 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 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. Staff recommends the following conditions: 1. Planning staff approval of landscaping in compliance with the Zoning ordinance screening requirements. This may necessitate easements to allow offsite plantings on adjacent residentially developed property. 2 . Any additional dishes shall comply with setbacks or require amendment of this variance. 3 . Replacement dishes may be no larger in circumference unless setback further. 4 . Zoning Administrator approval of the color of replacement dishes. F COUNTY OF ALBEMARLE J iV .14Wr, MEMORANDUM TO: Amelia M. Patterson, Zoning Administrator FROM: Ronald S. Keeler, Chief of Planning DATE: September 24 , 1990 RE: Agenda of Board of Zoning Appeals - October 16 , 1990 AP-90-05 Multi-Channel TV Cable Co. appeals Zoning Administrator determination that satellite dishes are primary structures subject to primary setbacks and not accessory setbacks . A precedent for your decision is Hall' s Body Shop on Route 29 North, where Hartwell Clarke, over 10 years ago, determined that "wrecked" vehicles awaiting repair were a primary uses and subject to primary ( i.e. -building) setback. To my way of thinking, an accessory use or structure is not only subordinate to the main use but also that the main use can exist without the accessory use or structure. Certain allowances are to this opinion are wells , public utility lines and the like which must encroach into setbacks. I am unaware of any inherent need for satellite dishes to encroach into setbacks. Therefore, I agree with your opinion that the satellite dishes are subject to primary setback since I do believe that Multi-Channel could operate without them. At the same time , let me state that I do not believe a prior Zoning Administrator( s) may have viewed this matter differently, but I am unsure of my recollection. Since adoption of the 1980 Zoning Ordinance I have beseeched each of the several Zoning Administrators to reduce presidential opinions to writing without much success. .\-1!--)- F }} /1�n` Y, r, !i rJu�+.' �2 . � 7 \?1 ,1" SEP 25 1990 B;:M/'.r:i E l 1' Memo to: Amelia M. Patterson September 24 , 1990 Page 2 - VA-90-68 Multi-Channel TV Cable Co. petitions for variance to allow existing structures to remain as located. As stated previously, I am unsure as to past Zoning Administrator' s interpretations, however, I do believe it incumbent upon the applicant to demonstrate by copy of the building permit or other document that the County specifically authorized and approved location of the various existing structures (Be advised that zoning designation of this property changed in 1980 . I am unaware as to what structures were located prior to or after such designation) . VA-90-64 Clarence and Harriet Bell petition to reduce front setback for a pole barn from 75 to 26 feet from a private driveway. I have not received the file but assume "private driveway" to be synonymous to private road or access easement. If the plat creating this property was approved pursuant to County regulation, variance should not be granted since such approval was based on strict compliance with ordinance provision (unless variance would have been necessary prior to subdivision) . VA-90-67 Lee and Rosie King petition to reduce side setback from 25 to 18 feet for an existing dwelling. I suggested the petitioner discuss variance with you as opposed to petitioning the Board of Supervisors to vacate the well lot. While not currently in use, the well lot may be needed in the future. Therefore, approval of this variance would not only benefit the property owner but potentially other property owners in Rivanwood. ADDITIONAL COMMENT 1 . I have no comment as to sign variances since the sign ordinance is under review. However, I have always been concerned as to multiple variances involving area, number, and location. Charlottesville has language in its ordinance limiting variances to setback, based on the notion that number and area provisions area valid for everyone. Memo to: Amelia M. Patterson September 24 , 1990 Page 3 At this time the Board of Supervisors is considering establishment of an Entrance Corridor district and creation of an Architectural Review Board to implement design guidelines along selected roadways, including signage regulations . This action is in large part a result of what is believed to be unregulated development as to visual quality. 2 . While I think I 've commented on this issue in an earlier memo, I notice that 4 of the 7 variance petitions deal with setback for existing structures o VA-90-68 Multi-Channel TV Cable Co. o VA-90-67 Lee and Rosie King o VA-90-69 Grove Construction Co. o VA-90-65 J.F. and Virginia B. Lorber In know that all of these structures have been established since zoning was adopted. This appears to be a serious and widespread problem which needs to be corrected.