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HomeMy WebLinkAboutVA199100056 Action Letter 1992-01-16 A 8 '7RG it• COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 January 16, 1992 Bill Humphreys P. 0. Box AH Chester, VA 23831 RE: Board of Zoning Appeals Action Autorent, Inc. T/A Autolease VA-91-56, Tax Map 45, Parcel 94B Dear Mr. Humphreys: This letter is to inform you that on January 14 , 1992 , during the meeting of the Albemarle County Board of Zoning Appeals, the Board (4 : 0) denied your request for VA-91-56. Anyone aggrieved by a decision of the Board can appeal their decision to the Circuit Court of Albemarle County within thirty (30) days of the decision. If you have any questions, please contact our office. Sincerely, 4C°141 John Grady Deputy Zoning Administrator JG/srp(s,.-T cc: Tim Lindstrom Marcia Joseph CMA Properties, Inc. STAFF PERSON: John Grady PUBLIC HEARING: January 14, 1992 STAFF REPORT - VA-91-56 OWNER/APPLICANT: CMA Properties, Inc. (owner) Autorent, Inc. (applicant) TAX MAP/PARCEL: 45/94B ZONING: Highway Commercial ACREAGE: 10 acres LOCATION: On the southwest corner of Myers Drive and Route 29 North, behind the Colonial Auto Dealership. REQUEST: The applicant requests relief from Sections 21.7 . 1 and 30. 6. 5. 2 of the Albemarle County Zoning Ordinance. The applicant is requesting a variance for a sign to remain at its current location adjacent to Myers Drive. The sign is 52 square feet in aggregate area and 15 feet in height. The sign face is vinyl with a red background and white copy mounted on a wooden base. There is a 20 square foot menu board mounted on the front of the wooden base. This request involves a variance of the underlying district and the entrance corridor district as follows: I. Underlying District - Commercial District Generally (Section 21.7 . 1) Freestanding Sign To reduce the setback adjacent to public streets from 30 feet to 10 feet, a variance of 20 feet. II. Entrance Corridor Overlay District (Section 30. 6. 5. 2) Freestanding Sign To increase the sign area from 36 square feet to 172 square feet, a variance of 136 square feet. The applicant's justification includes the following: 1. Autolease is an independent business and not a part of the Colonial dealership, and therefore needs to identify itself to its prospective customers. 2 . The sign is currently located approximately 600 feet from Route 29 and is not noticed until turning onto Myers Drive. STAFF REPORT - VA-91-56 Page 2 3 . The applicant has agreed to remove the 20 square foot menu reader board from the sign. This would reduce sign area to 32 square feet. 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: A previous variance, VA-88-7 has been granted on this site to increase the aggregate area of freestanding signs from 100 square feet to 140 square feet. A condition of this variance limits the site to one freestanding sign only. This variance was granted prior to the establishment of the entrance corridor district. The current Autolease sign is in violation of the Albemarle County Zoning Ordinance. This sign was erected without a permit and the site has more freestanding sign area than was allowed under variance 88-7 . RECOMMENDATION: Staff agrees that it is important to provide legible signage to identify a business to prospective customers. However, it is staff's opinion that an alternative sign could better serve the entrance corridor and be more consistent with the proposed Sign Ordinance, while serving the applicant's needs. The applicant can remove the existing freestanding sign that is in violation and replace it with a wall sign that is uniform in color and compatible with the building. The letters could be a block style and white in color. This would match the existing wall sign that is approximately 40 square feet in size and states service and parts. This alternate plan would require the applicant to reapply for a variance for wall signage. A variance for wall signage in this case would be more conforming to the current ordinance and possibly comply with the proposed sign ordinance. This would equally identify the business, which is not usually an impulse, or drive-by decision. Staff can not support the applicant's request for additional freestanding signage. The previous variance allowed the site to have 140 square feet of freestanding signage (variance of 40 square feet) and limited the site to only one (1) freestanding sign. Approval of this request would bring the total to 172 square feet and two (2) freestanding signs. The sire has sufficient freestanding sign area by prior variance. They could chose to redesign the existing sign to also identify Autorent. The existing sign was relocated from another site without the proper approvals. Any hardship caused is self-imposed, and does not meet the variance criteria. Therefore, staff recommends denial for cause. STAFF REPORT - VA-91-56 Page 3 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 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. Staff recommends the following: 1) Remove the freestanding sign. Consider use of wall signage compatible with the building. Should the Board find cause for approval, staff recommends the following: 1. The menu reader board section shall be removed from the existing sign. Landscaping around the base shall be provided to the satisfaction of the Zoning Administrator. 2 . Sign shall be modified such that the height shall not exceed 10 feet.