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HomeMy WebLinkAboutVA199100028 Action Letter 1992-04-15 OAF ALBS. ?^"��IIIII^� V[ii.li►" COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 • April 15, 1992 Michael Mellon The Gardens Partnership P. 0. Box 6498 Charlottesville, VA 22906 RE: Board of Zoning Appeals Action Tax Map 45, Parcel 104B2 Dear Mr. Mellon: This letter is to inform you that on April 14, 1992, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously (5: 0) approved your request for VA-91-28, subject to the four conditions stated in the staff report as follows: 1. Sign area shall be computed by the smallest square or rectangle to enclose the group of characters, and not be each character individually; 2. Each tenant shall be allowed one wall sign based on the ratio of 1 square foot for each 1 linear foot of business frontage; 3 . No sign shall exceed 100 square feet; and 4. No freestanding signs shall be permitted on this property. This variance approval allows relief from Section 30. 6.5.2 (b) and 4 . 15.3 .6 to a) increase the size of an individual sign from 35 to 100 square feet, and to b) increase the aggregate area of all wall signage on the building from 50 to 451 square feet. If you have any questions, please contact our office. Sincerely, n (64i 4-5 Amelia M. Patterson Zoning Administrator AMP/st cc: Neal Gropen ,r 1I 'YG� y Board ruled to act on all three requests at one time. As, Patterson handed a letter from the owner of the property to the board which was received today. She pointed out it was against the board policy to accept information at a late date. Mr. Cogan stated that he was not going to consider the letter due to the late arrival, and the Board agreed. Ms. Patterson read the staff report at this time. VA-92-10. The Gardens Partnership (owners) . Property in the Gardens Shopping Center, on the East side of Route 29, north of Albemarle Square, and south of Woodbrook Shopping Center. This is the front, Pier 1 lot A, tax map 45, parcel 104B, Zoned C-1, Commercial, in an Entrance Overlay. Applicant seeks sign variances to amend the prior variance, VA-91-15 to 1) reduce the setback from 30 to 25 feet, and increase the size from 18 to 32 square feet, for the location of a freestanding sign at the entrance to name the development; and 2) increase the size from 110 to 160 square feet for the location of wall signs. (See the attached copy of the staff report. ) VA-91-28. The Gardens Partnership (owners) . Property in the Gardens Shopping Center, on the East side of Route 29, north of Albemarle Square, and south of Woodbrook Shopping Center. This is the middle vacant lot C, formerly Pro Park, tax map 45, parcel 104B2, Zoned C-1, Commercial, in an Entrance Corridor Overlay. Applicant requests wall sign variances to a) increase the size of an individual sign from 35 to 100 square feet, and b) increase the aggregate area from 50 to 451 square feet. (See the attached copy of the staff report. ) VA-92-09 . The Gardens Partnership. Property in the Gardens Shopping Center on the east side of Route 29, north of Albemarle Square, and south of Woodbrook Shopping Center. This is the lot B, beside Pier 1, tax map 45, parcel 104B1, zoned C-1, Commercial, in an Entrance Overlay. Applicant requests wall sign variances to a) increase the size of an individual sign from 35 to 100 square feet, and b) increase the aggregate area from 50 to 274 square feet. (See the attached copy of the staff report. ) Ms. Patterson stated that the parcels of land were all part of one overall site plan. She went over the requests and pointed out what existed on the site. Mr. Kennedy asked if it was a shopping center, and Ms. Patterson stated that the property was not zoned PD-SC but C-1 zone. Mr. Cogan stated that the applicant was proposing a 32 square foot sign at the entrance. Ms. Patterson stated that when Taco Bell variance was reviewed, the Board requested that there be one sign at the entrance to the sites. Mr. Cogan reviewed the size of wall signs and stated they should be in line with the linear footage of the frontage of the particular business but felt no wall sign should exceed 100 square feet, and Ms. Patterson agreed. Mr. Michael J. Mellon, General Partner of The Gardens Partnership, was present to speak for the application. He stated that there would be no detriment to the adjacent properties. Neal Gropen, Gropen Sign Company, was present to the application. Mr. Cogan stated that many signs in shopping centers have less than 40 square feet, that there was a computation problem in borrowing, and felt 22 square feet was an adequate size. He supported staff's recommendations for all three applications and the conditions outlined by staff. There being no further comment, the matter was placed before the Board. Motion was offered by Mr. Cogan for approval of VA-91-28 subject to the four conditions recommended in the staff report, and seconded by Mr. Rennolds. The roll was called and the motion was carried with the following recorded vote. Mr. Rennolds - Aye Mr. Bailey - Aye Mr. Van Fossen - Aye Mr. Cogan - Aye Mr. Kennedy - Aye VA-91-28 was approved (5:0) with the following conditions: 1. Sign area shall be computed by the smallest square or rectangle to enclose the group of characters, and not be each character individually; 2 . Each tenant shall be allowed one wall sign based on the ratio of 1 square foot for each 1 linear foot of business frontage; 3 . No sign shall exceed 100 square feet; 4. No freestanding signs shall be permitted on this property. • STAFF PERSON: Amelia M Patterson PUBLIC HEARING: April 14, 1992 STAFF REPORT - VA 91-28 OWNER/APPLICANT: The Gardens Partnership TAX MAP/PARCEL: 45/104B2 ZONING: C-1, Commercial, and EC overlay ACREAGE: 2.256 acres LOCATION: In the Gardens Shopping Center, on the east side of Rt. 29, north of Albemarle Square, and south of Woodbrook Shopping Centers. This is the middle vacant lot C, formerly Pro Park. REQUEST: The applicant requests wall sign variances to do the following: to a) increase the size of an individual sign from 35 to 100 square feet, and to b) increase the aggregate area of all wall signage on the building from 50 to 451 square feet. This involves variances to the Entrance Corridor sign regulations, Section 30. 6.5.2, and to the underlying district, Section 4. 15. 3 .6. The underlying district permits an aggregate sign area per parcel of 100 square feet, with no maximum size per individual sign. The proposed signage will be based on the ratio of 1 square foot for each 1 linear foot of business frontage. There will be a minimum of 40 square feet per sign, and a maximum of 100 square feet. To provide comprehensive sign planning and in accordance with staff recommendation, the applicant has submitted the necessary requests for all the anticipated signage, at this time. This lot is currently unbuilt. The proposed sign materials will be reviewed by the Architectural Review Board. They are to be wall mounted channel letters of aluminum construction to match the dryvit. They will be white letters, 20 to 30 inches in height. The applicant's justification includes: 1. A consistent sign format (color, material, etc) is proposed; 2. This request is consistent with previous variances granted by the Board of Zoning Appeals; 3. This request is consistent with the proposed sign ordinance. Staff Report VA 91-28 April 14, 1992 Page 2 RELEVANT HISTORY: There are no variances on this property. Adjoining property within this development, Pier One and Taco Bell have requested variances. VA 91-15 Pier One Imports was approved on May 14, 1991 for wall signage of 110 square feet for 2 signs. Taco Bell requested additional freestanding signage. RECOMMENDATION: Staff strongly supports the use of comprehensive sign planning. During review of the two previous sign variances in this development, this point was made. It is noteworthy that the applicant has agreed to submit a variance request for property not currently proposed for development. Staff concurs with the applicant's justification. However, there are two points of contention that require Board resolution. These are: 1. The applicant proposes a methodology of computing sign area which the staff can not support. They propose that each character be counted individually, rather than the entire group of characters, as is usually done. By their methodology, the space between the characters is not counted, and additional sign area will be available. Staff urges the Board to support the consistent administrative practice of counting the group, and not the individual characters. 2 . The applicant proposes that each business be permitted a sign at least 40 square feet, even if the frontage is less than 40 feet. This would not follow the 1 square foot of sign area to 1 linear foot of business frontage per business, but would compute for the building. Staff does not support this departure from the past practice and the proposed ordinance for the following reasons: a) It would be an administrative difficulty. Instead of each business "standing alone" in qualifying and receiving signage, a running calculation would need to be kept for the building by adding each business. Therefore a unit with only 30 feet of business frontage would receive a 40 square foot sign, which would involve 10 square feet of the allotment for some other business (based on that frontage) . VA 91-28 Staff Report April 14, 1992 Page 3 b) The allotment of sign area based on a frontage creates a balance which would not be met with this change from the ratio. This is the recommendation of the Design Planner. The current sign regulations are based on a sign area allotment per parcel, regardless of the size of development or the number of businesses involved. This is not a rational or practical basis, and continues to generate variances. In addition, the ordinance does not provide adequate sign area for this property. This building will have a total of approximately 450 feet of frontage, with numerous business. A total of 50 square feet is not sufficient sign area for the building. 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. Albemarle Square to the south and Rio Hills Shopping Center across Rt. 29 have developed under the more liberal sign areas determined by a ratio of 1. 5 square feet of signage for each 1 linear foot of frontage. Should the Board find cause for approval, staff recommends the following conditions: 1. Sign area shall be computed by the smallest square or rectangle to enclose the group of characters, and not be each character individually; 2 . Each tenant shall be allowed one wall sign based on the ratio of 1 square foot for each 1 linear foot of business frontage; 3. No sign shall exceed 100 square feet; 4. No freestanding signs shall be permitted on this property. oA ``ter �'1RG1N�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 3, 1992 Michael Mellon The Gardens Partnership P. 0. Box 6598 Charlottesville, VA 22906 RE: Uncle Joel's Restaurant Tax Map 61, Parcel 123E Dear Mr. Mellon: This letter is a correction to a letter dated February 20, 1992. That letter incorrectly stated that the aggregate area of wall signs allowed for the above noted site is one hundred (100) square feet. The correct aggregate area of wall signs allowed is fifty (50) square feet. Each individual business sign can not measure greater than thirty-five (35) square feet. If you have questions, please call me. Sincerely, Maria Joseph Design Planner MJ/sp cc: Amelia Patterson • • • of A 4C:allAN " r COUNTY OF ALBEMARLE Department of Zoning • 401 McIntire Road Charlottesville, Virginia 22901-4596 (ovw.t, • (804) 296-5875 February 20, 1992 (Y (/' Michael Mellon �� "� C -�— The Gardens Partnership [DO P. 0. Box 6598 Charlottesville, VA 22906 RE: Uncle Joel's Restaurant ti e, = 1/ Tax Map 61, Parcel 123ES (( rH7 Dear Mr. Mellon: It has been determined that tie site as noted above will be visible from the Entrance Corridor. Therefore, the total aggregate--area of.t.wa_ll signs allowed for the building is one hundred (100) square feet:-- Each individual business sign can not suuregreater than thirty`-five (35) square feet. If you have questions, please call me. • Sincerely, V 610, Marcia Jos' h Design Planner MJ/sg/i cc: Amelia M. Patterson