HomeMy WebLinkAboutVA199100028 Action Letter 1992-04-15 OAF ALBS.
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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
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Amelia M. Patterson
Zoning Administrator
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cc: Neal Gropen
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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.
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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
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COUNTY OF ALBEMARLE
Department of Zoning
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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 ((
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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