HomeMy WebLinkAboutVA199000084 Action Letter 1991-01-08 ov ALlj,
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
January 28 , 1991
Bill Akers
Capitol Signs
3424 Pump Road
Richmond, VA 23233
RE: ARB-90-08 Tax Map 45, Parcel 104 (part of)
Dear Mr. Akers:
The Albemarle County Architectural Review Board on January 24 ,
1991 unanimously denied the above noted petition. As per Section
30. 6. 8 of the Zoning Ordinance, any person aggrieved by any
decision of the Architectural Review Board may demand review of
the application by the Board of Supervisors. Such demand shall be
made by filing a request therefor in writing with the Clerk of the
Board of Supervisors within ten (10) calendar days of the date of
such decision. A copy of Section 30. 6. 8 is attached for your
convenience.
If you have any questions, please do not hesitate to call .
Sincerely,
Amelia M. Patterson
Zoning Administrator
AMP/st
cc: Burger Busters
/Sign Permit #S-90-121
STAFF PERSON: John Grady
PUBLIC HEARING: January 8, 1991
STAFF REPORT - VA-90-84
OWNER/APPLICANT: Burger Busters (owner) , Taco Bell (applicant)
TAX MAP/PARCEL: 45/104 (part of)
ZONING: C-1, Commercial
ACREAGE: Approximately 3/4 acres
LOCATION: Property located on the east side of Rt 29 N
approximately 0.2 mile north of the intersection
of Rt 631.
REQUEST:
The applicant requests relief from Section 21.7 of the Albemarle
County Zoning Ordinance, which states:
"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. . . "
And Section 30. 6. 5.2 (b) which states" . . .Freestanding business and
projecting business signs shall be limited to ten (10) feet in
height above grade, eighteen (18) square feet per single sign
face, and to one (1) sign per separate highway frontage. "
The applicant's request is to place a third freestanding sign .of
approximately twenty (20) square feet, ten (10) feet from the
right-of-way of Rt 29 north. This request will require a variance
for the following: 1) to reduce the front setback from (30) to
(10) feet from the right-of-way of Rt 29 north, 2) to increase the
area of freestanding signs from (18) to (65) square feet and 3) to
increase the number of freestanding signs from one (1) to three
(3) .
The applicant's justification includes:
1. The menu board should not be counted as a freestanding sign.
The site signage then would conform to the requirements of the
underlying commercial zone.
2 . The main entrance to the business is approximately 100 yards
past the building. The building location and highway speeds of
45 miles an hour or more present identification problems.
RELEVANT HISTORY:
The entrance corridor overlay district was adopted in Albemarle
County on October 3 , 1990. The sign regulations that currently
govern this district are the same used to regulate signs in the
scenic areas in the County and are in addition to those in the
underlying district. All Architectural Review Board sign
applications are taken by the Zoning Department and transmitted to
the ARB for review and comment.
Staff Report - VA-90-84
Page 2
Staff will forward comments to the Board of Zoning Appeals from
the ARB meeting on this applicaiton scheduled for Monday, January
7th. This request involves modification of the entrance corridor
sign regulations as well as variances from the underlying
district. The ARB considers location, configuration, design, w:,:` Rc,
materials and color. "`
RECOMMENDATION:
As the Board is aware, Zoning staff is reviewing and rewriting the
County sign regulations. The applicant's requests would not meet
the new regulations proposed by staff for two reasons:
(1) Only one freestanding, identification sign would be allowed
per parcel; and (Taco Bell proposes 3) ; and
(2) The aggregate area of sign would be limited to 32 square
feet; (Taco Bell proposes 65 square feet) .
Staff finds no hardship in this variance request as the site is
well identified with existing signage. The building colors and
motif further help identify the site.
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.
Should the Board choose to approve the request, staff recommends
the following conditions:
1. Only one (1) freestanding pedestal sign shall be allowed.
2 . Height of sign shall not exceed 8 feet.
3 . If the variance is granted for the new sign ten (10) feet from
the Rt 29 right-of-way, the existing identification sign
located in front of the building shall be removed.
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COUNTY OF ALBEMARLE
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MEMORANDUM
Amelia Patterson, Zoning Administrator
TO:
Ronald S. Keeler, Chief of Planning vae.,-
FROM:
December 26, 1990
DATE:
Variances: January 8 , 1991 Agenda
RE:
The following comments are offered without benefit of field
review or discussion with the various applicants:
VA-90-82 Townside East Limited Partnership: to reduce number
of required parking spaces. In the past, both the Planning
Commission and staff have expressed concern that variances
of this nature provide a method to overdevelop a site. A
similar request for Herndon House furniture was disapproved.
VA-90-83 Percy F. Lawrence: to create two lots with
inadequate road frontage. A prior variance in the name of
Mariarose Seddon was disapproved. Under private road
provisions, this proposal is approvable under both the
zoning and subdivision ordinances, by usage of a joint
entrance. •
VA-90-84 Burger Busters: to reduce sign setback, allow
double faced sign, increase sign area, and increase number
of signs. The design of a Tacco Bell building is logo and
the building itself , therefore, can be viewed as a "sign. "
As in the past, staff is concerned about multiple variances
( i.e. - larger, more, closer, etc) .
RSK/jcw