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.