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HomeMy WebLinkAboutVA199000076 Action Letter 1990-11-21 :'S �Illi� 157' i cNArr ht611P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 21, 1990 Sarge's Trading Post, Ltd. Rt. 2 , Box 79 North Garden, VA 22959 ATTN: Mr. John Eckman RE: Board of Zoning Appeals Action VA-90-76, Tax Map 87B, Parcel 4 Dear Mr. Eckman: This letter is to inform you that on November 20, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board approved your request for VA-90-76 subject to the following conditions: 1. All existing signs shall be removed. 2 . Lighting of the canopy is subject to the approval of the Zoning Administrator. 3 . The canopy can be no shorter than 13 feet from the pavement to the underside of the roof. This approval allows relief from Section 10. 4 of the Zoning Ordinance to allow a 74 foot variance for a canopy to be erected 1 foot from the right-of-ways of Route 29 north and 710 and a 75 foot variance for a canopy to extend over an access easement. If you have any questions, please do not hesitate to call. Sincerely, kjkglee- Babette Thorpe Zoning Assistant cc: VA-90-76 Jim Taggert, S. L. Key, Inc. STAFF PERSON: Babette Thorpe PUBLIC HEARING: November 13 , 1990 STAFF REPORT VA 90-76 OWNER APPLICANT: J & F Eckman, Inc. (owner) T/A Sarge's Trading Post TAX MAP/PARCEL: 87B/4 ZONING: RA, Rural Areas ACREAGE: 1. 357 LOCATION: In the southwest quadrant of Route 29 South and Route 710. REQUEST: The applicant seeks relief from Section 10. 4 of the Albemarle County Zoning Ordinance, "Area and Bulk Regulations" , which states: Yards, minimum: Front 75 feet . . . and Section 4 . 6. 3 . 2 , which states: "Other yards adjacent to streets shall have a minimum depth equal to the minimum front yard depth required in the district in which the lot is located" . The applicant requests a 74-foot variance to allow a canopy to be erected one foot from the rights-of-way of Route 29 North and Route 710. The applicant also requests a 75-foot variance to allow this canopy to extend over an access easement. The canopy would be placed over two pumping stations containing two pumps each. No gasoline pumps would be added to the site; instead, the existing pumps would be relocated under the canopy. "Amoco" would be lettered on the canopy in letters of approximately two feet in height. The applicant' s justification includes: 1. The canopy would shelter patrons from the weather and protect the pumps from lightening. 2 . It is unlikely that the canopy, if approved, would occupy an area required by the Virginia Department of Transportation for any future improvements to the intersection of Routes 29 and 710. 3 . Given the limitations of the site, it would be impossible to erect a canopy without a variance. 4 . This request is in accordance with the Comprehensive Plan' s goals for the Village of North Garden. The applicant has provided three sketch plans showing the alternatives for the location of the canopy. All three alternat '. mould rPau_i variance of 75 feet from the access easement. From Routes 29 and 710, Alternative 1 would require a variance of 74 feet; Alternative 2 , 63 feet; and Alternative 3 , 72 feet. HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face precedent-setting. The following history f7Of �( cry (00 bc;st( ft r c @r�._ , l' tat '.d r,,.a 4417 spat two, 4, is provided for information. Sarge ' s Trading Post has been in operation since the 1940 ' s, before the County adopted a Zoning Ordinance. On August 14, 1990, the Board approved VA-90-51, a request from Fisco Oil for a variance of 5 feet to erect a canopy 25 feet from an existing right-of-way. Conditions to approval included: 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. RECOMMENDATION: Staff agrees that the canopy would improve the applicant' s service to his patrons, and agrees that Alternative 1 would provide the best location for the canopy and the least hindrance to the property owner using the access easement. The access which the canopy would overhang serves one residence, which has a second access from the property to Route 29. The canopy would have a clearance of 13 feet which would allow most vehicles, including moving vans, to pass through unimpeded. To date, this office has received no objections to this petition from the adjacent property owners; nor have we received anything in support of the request from the property owner directly affected by this request. The applicant has stated his willingness to remove all but one of the signs on his property, including several non-conforming OW signs. The sign the applicant would like to keep is a non-conforming pole sign that currently advertises Chevron gasoline. It is staff' s opinion that this sign would be unnecessary if the gasoline were to be advertised on the canopy. Approving this request with conditions for the removal of the signs may be the only opportunity the County has of bringing this grandfathered site more closely into accord with the recently approved entrance corridor legislation, unless the signs are destroyed or become delapidated. Given the removal of the signage, staff finds that approving this request would partially satisfy the following criterion for approval: 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. If the property owner served by the access easement were to support this request, criterio°) #3 would be satisfied in staff' s opinion. Nevertheless, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; and 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. Should the Board approve this request, staff recommends the following conditions: 1. No signage or logo be attached to the canopy, except for the lettering "Amoco" as shown on the sketch plan titled "Alternative 1" and dated 10/11/90. 2 . All existing signs shall be removed. 3 . Lighting of the canopy is subject to the approval of the Zoning Administrator. 4 . The canopy can be no shorter than 13 feet from the pavement to the underside of the roof. a`OF AJJIG,J� J/JJ(i�N�1 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 29, 1990 S. L. Key, Inc. Attn: Jim Taggart P. O. Box 1346 Charlottesville, VA 22902 Dear Jim: This letter is in response to your request concerning the signage allowed on property known as the Trading Post Store, Tax Map 87B, Parcel 4 in the Red Hill area. The property listed above and owned by J. & F. Eckman, Inc. is subject to the following sign restrictions and conditions set forth in variance application, VA-90-76. 1) All existing signs shall be removed. 2) Lighting of the canopy is subject to the approval of the Zoning Administrator. 3) The canopy can be no shorter than 13 feet from the pavement to the underside of the roof. 4) Signage on the canopy is restricted to the name of company providing gas service for example "AMOCO" in letters that do not exceed 2 foot in height. If the owner should need to change the identification for fuel supplier on the canopy, a sign permit will be required. The owner would be limited to displaying the fuel company's name only, within the size guidelines listed above. The sign permit would also be subject to the Architecture Review Board of Albemarle County. If I may be of any further assistance in this matter, please feel free to contact me at your convenience. Sincerely, 4t0-1)) John Grady Deputy Zoning Administrator JG/sg • STAFF PERSON: Babette Thorpe PUBLIC HEARING: November 13 , 1990 STAFF REPORT VA 90-76 OWNER APPLICANT: J & F Eckman, Inc. (owner) T/A Sarge' s Trading Post TAX MAP/PARCEL: 87B/4 ZONING: RA, Rural Areas ACREAGE: 1. 357 LOCATION: In the southwest quadrant of Route 29 South and Route 710. REQUEST: The applicant seeks relief from Section 10 . 4 of the Albemarle County Zoning Ordinance, "Area and Bulk Regulations" , which states: Yards, minimum: Front 75 feet . . . and Section 4 . 6 . 3 . 2 , which states: "Other yards adjacent to streets shall have a minimum depth equal to the minimum front yard depth required in the district in which the lot is located" . The applicant requests a 74-foot variance to allow a canopy to be erected one foot from the rights-of-way of Route 29 North and Route 710. The applicant also requests a 75-foot variance to allow this canopy to extend over an access easement. The canopy would be placed over two pumping stations containing two pumps each. No gasoline pumps would be added to the site; instead, the existing pumps would be relocated under the canopy. "Amoco" would be lettered on the canopy in letters of approximately two feet in height. The applicant' s justification includes: 1. The canopy would shelter patrons from the weather and protect the pumps from lightening. 2 . It is unlikely that the canopy, if approved, would occupy an area required by the Virginia Department of Transportation for any future improvements to the intersection of Routes 29 and 710 . 3 . Given the limitations of the site, it would be impossible to erect a canopy without a variance. 4 . This request is in accordance with the Comprehensive Plan' s goals for the Village of North Garden. The applicant has provided three sketch plans showing the alternatives for the location of the canopy. All three alternatives would require a variance of 75 feet from the access easement. From Routes 29 and 710 , Alternative 1 would require a variance of 74 feet; Alternative 2 , 63 feet; and Alternative 3 , 72 feet. 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. Sarge ' s Trading Post has been in operation since the 1940 ' s, before the County adopted a Zoning Ordinance. On August 14 , 1990 , the Board approved VA-90-51, a request from Fisco Oil for a variance of 5 feet to erect a canopy 25 feet from an existing right-of-way. Conditions to approval included: 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. RECOMMENDATION: Staff agrees that the canopy would improve the applicant' s service to his patrons, and agrees that Alternative 1 would provide the best location for the canopy and the least hindrance to the property owner using the access easement. The access which the canopy would overhang serves one residence, which has a second access from the property to Route 29 . The canopy would have a clearance of 13 feet which would allow most vehicles, including moving vans, to pass through unimpeded. To date, this office has received no objections to this petition from the adjacent property owners; nor have we received anything in support of the request from the property owner directly affected by this request. The applicant has stated his willingness to remove all but one of the signs on his property, including several non-conforming and signs . The sign the applicant would like to keep is a non-conforming pole sign that currently advertises Chevron gasoline. It is staff ' s opinion that this sign would be unnecessary if the gasoline were to be advertised on the canopy. Approving this request with conditions for the removal of the signs may be the only opportunity the County has of bringing this grandfathered site more closely into accord with the recently approved entrance corridor legislation, unless the signs are destroyed or become delapidated. Given the removal of the signage, staff finds that approving this request would partially satisfy the following criterion for approval : 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. If the property owner served by the access easement were to support this request, criteria #3 would be satisfied in staff ' s opinion. Nevertheless, staff recommends denial for cause: 1 . The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; and 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. Should the Board approve this request, staff recommends the following conditions: 1. No signage or logo be attached to the canopy, except for the lettering "Amoco" as shown on the sketch plan titled "Alternative 1" and dated 10/11/90 . 2 . All existing signs shall be removed. 3 . Lighting of the canopy is subject to the approval of the Zoning Administrator. 4 . The canopy can be no shorter than 13 feet from the pavement to the underside of the roof.