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HomeMy WebLinkAboutVA199100054 Action Letter 1992-01-16 •- 1' /�OFAck- • ��RGtN�P COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 16, 1992 Mr. Bill Bailey 1455 E. Rio Road P.O. Box 6700 Charlottesville, VA 22906 RE: Board of Zoning Appeals Action VA-91-54 ; Rio Center Tax Map 61, Parcel 127B Dear Mr. Bailey: This letter is to inform you that on January 14 , 1992 , during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously (4 : 0) approved your request for VA-91-54, subject to the following conditions: 1) The sign height be limited to eight (8) feet, and 2) Bollards or some other method of protection shall be installed such that vehicle overhang from the parking area does not hit the sign. This variance approval allows relief from Section 21. 7. 1 of the Albemarle County Zoning Ordinance to reduce the front setback from 30 to 2 feet, to locate a freestanding sign. Sign permit application is being held in our office for the owners or authorized agent signature and the fee of $20. 00 dollars. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp cc: BCR Land Trust Frank Caulder STAFF PERSON: Amelia Patterson PUBLIC HEARING: January 14, 1992 STAFF REPORT - VA-91-54 OWNER/APPLICANT: BCR Land Trust, T/A Rio Center TAX MAP/PARCEL: 61/127B ZONING: Commercial Office ACREAGE: 1.731 acre LOCATION: 1445 Rio Road, on the east side of Rio Road between Alliance Bible Church and Coidwell Bailey Banker Realty. This office building and the Realty office share the same entrance. REQUEST: The applicant requests relief from Section 21.7 . 1 of the Albemarle County Zoning Ordinance to reduce the front setback from 30 to 2 feet, to erect a freestanding sign. The applicant proposes to locate a forty-eight (48) square foot sign which provides the name and address, with five (5) spaces for individual business names. The sign will be outlined with brick work to match the building. It will utilize plastic panels, which will be internally illuminated. The applicant's justification includes: 1. The unusually wide road right-of-way is a unique situation which creates a hardship. At a two (2) foot setback, the sign is still forty (40) feet from the edge of pavement (the road is approximately thirty-eight (38) feet from the edge of right-of-way. ) At the required setback, the sign would be almost seventy (70) feet from the edge of Rio Road travelway. The distance makes it difficult for the sign to be noticed and read. 2 . At the required setback, the sign would be in the middle of the parking area. There is no practical space available. 3 . The proposed sign is the most appropriate and effective method and location of signage. Wall signage is not appropriate for the building. This entrance is shared by two (2) businesses, each of which need individual identification. 4 . The proposed location is that which is most visible from both directions on Rio Road. 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: STAFF REPORT - VA-94-54 Page 2 There are no prior sign variances on this property. VA-84-71 William Bailey, was approved for the adjoining property to have a freestanding sign at a five (5) foot setback. This existing sign is approximately twenty (20) square feet. RECOMMENDATION: Staff agrees that the wide right-of-way and resulting greater distance from the road creates a unique situation and some hardship. Therefore, the applicant has met the criteria that "such hardship is not shared generally by other properties in the same zoning district and the same vicinity. " The property adjoining to the north which shares the same entrance, has a twenty (20) foot freestanding sign approximately five (5) feet from the right-of-way. The property to the south does not have a freestanding sign. Property across Rio Road, Squire Hill Apartments, has a sign within a few feet of the right-of-way. Therefore, 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. " This property and the adjoining Bailey Realty property have associated ownership. It may be possible to provide one shared entrance sign between the two (2) lots. It appears that this proposed sign location is more effective than the existing Bailey Realty/Construction sign. There would be some cost involved in moving and modifying that sign. Staff recommends that this option be explored. There is no apparent need for two (2) separate signs. Staff agrees that there is currently no practical place for a sign at the required setback. This however, is poor planning and a self-imposed hardship. Staff questions why wall signage could not be equally effective and appropriate. Or a small sign which names the center, with a directory signs at the intersection could be used. The proposed sign size exceeds that proposed with the pending Sign Ordinance, thirty-two (32) square feet. There is objection from the business community as to this small size. Staff has surveyed Route 29 North, and continues to recommend thirty-two (32) square feet. This propose sign would be more than twice the size of the existing Bailey sign. STAFF REPORT - VA-91-54 PAGE 3 Because there are other options available, and because to a certain extent this hardship is self-imposed, staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Should the Board find cause for approval, staff recommends the following: I. Only one sign shared with Bailey Realty/Construction: 1. The existing Bailey sign shall be removed; 2 . The sign area shall be limited to thirty-two (32) square feet; 3 . The sign height shall be limited to ten (10) feet; 4 . Bollards or some other method of protection shall be installed such that vehicle overhang from the parking area does not hit the sign. OR II. This proposed additional sign: 1. The sign area shall be limited to thirty-two (32) square feet; 2 . The sign height shall be limited to ten (10) feet; 3 . Bollards or some other method of protection shall be installed such that vehicle overhang from the parking area does not hit the sign.