HomeMy WebLinkAboutVA199000078 Action Letter 1990-12-12 ALA,
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IWIF't./77
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
December 12 , 1990
Roland F. Leap
P. O. Box 65
Keene, VA 22946
RE: Board of Zoning Appeals Action
Tax Map 121, Parcel 89A
Dear Mr. Leap:
This letter is to inform you that on December 11, 1990, du-ring the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously approved your request for VA-90-78, subject the
following conditions:
1. All signage be removed from site except the one sign on the
canopy;
2 . Lighting of canopy meet Zoning Administrator's approval, and
3 . Letters on canopy sign not to exceed 12 inches.
This variance approval allows relief from Section 30 . 5 . 2 . 2 and
30 . 5 . 6. 2 . 1 of the Albemarle County Zoning Ordinance to reduce the
front setback from 150 to 2 feet for construction of a canopy in
front of the store.
If you have any questions, please contact our office.
Sincerely,
John Grady
Deputy Zoning Administrator
JG/sg
cc: Inspections Dept.
Sign Permit
STAFF PERSON: John Grady
PUBLIC HEARING: December 11, 1990
STAFF REPORT - VA-90-78
OWNER/APPLICANT: Roland F. Leap
TAX MAP/PARCEL: 121/89A
ZONING: Rural Areas
ACREAGE: 1/2 acre
LOCATION: Located on the Northeast quadrant of Rt 20
South and Route 712 , known as Green Mountain
Store.
REQUEST:
The applicant requests relief from Section 30. 5. 2 .2 of the
Albemarle County Zoning Ordinance, which states:
"Scenic Area - Highways, SA-highways overlay districts are
hereby established along the following highway corridors in
Albemarle County for a distance of one hundred fifty (150) feet
on each side of the right-of-way.
b) Virginia Route 20 from Interstate Route 64 south to the
corporate limits of the Town of Scottsville. "
The applicant requests a variance of 148 feet to allow a canopy to
be erected 2 feet from the right-of-way of Route 20 south. The
canopy would be placed in front of an existing country store, over
an existing pumping station containing three pumps. The location
of the pumps will not change and no new gasoline pumps will be
added to the site. The canopy is proposed to be 24 feet X 18 feet
with a 4/12 asphalt shingle pitch roof matching the roof planned
for the store. The canopy will be supported by the store and two-
6 inch steel columns. A sign which states "Green Mountain Store"
is requested for the front of the canopy in letters approximately
two feet in height.
The applicant's justification includes:
1) The canopy would shelter patrons from inclement weather and
help 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 Route 20 south.
3) Given the limitations of the site, it would be impossible to
erect a canopy without a variance.
4) The construction of the canopy and the new roof design to the
existing store will improve the appearance of the site.
5) The most practical location for a canopy is the location
requested.
Staff Report - VA-90-78
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 Green Mountain Store was built and has been in operation as a
store since 154 .
On November 13, 1990, the Board approved VA-90-76, a request from
John Eckman (Trading Post Store) for a variance of 74 feet to
erect a canopy 1 foot from an existing right-of-way. Conditions
to approval included:
a) All existing signs shall be removed.
b) Lighting of the canopy is subject to the approval of the Zoning
Administrator.
c) The canopy can be no shorter than 13 feet from the pavement to
the underside of the roof.
RECOMMENDATION
Staff agrees that the canopy would improve the applicant's service
to his patrons, and agrees that the location requested is the most
practical due to the location of the existing pumps. The canopy
would have a clearance of 14 feet which would allow most vehicles
to pass through unimpeded.
The applicant has stated his willingness to remove all the
non-conforming signs located at the site with the exception of one
identification sign, which would be placed on the front of the
canopy identifying the site. Approving this request with
conditions for the removal of the existing signs may be the only
opportunity the County has of bringing this grandfathered site
more closely into accordance with the recently approved entrance
corridor regulations, unless the signs are destroyed.
Staff Report - VA-90-78
Page 3
Given the removal of the signage, staff concurs with the applicant
that the authorization of this variance will not be of substantial
detriment to adjacent property nor will the character of the
district be changed. However, the applicant does meet the
criteria listed in points one and two listed below and the
applicant does have reasonable use of the property without the
construction of a canopy. This has been staff's consistent
position on previous canopy requests. 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.
If the Board of Zoning Appeals should find cause for approval,
staff recommends the following.
1) All signage be removed from the site with the exception of the
one sign on the canopy.
2) That the lighting of the canopy meet the approval of the Zoning
Administrator.
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