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HomeMy WebLinkAboutVA199200009 Action Letter 1992-04-15 .. ,c A 'AI PIIII% W Q 17. 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 VA-92-09 Tax Map 45, Parcel 104B1 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-92-09, 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) and 21.7. 1 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 274 square feet. If you have any questions, please contact our office. Sincerely, thth. Patterson Zoning Administrator AMP/st cc: Neal Gropen STAFF PERSON: Amelia Patterson PUBLIC HEARING: April 14, 1992 STAFF REPORT - VA-92-09 OWNER/APPLICANT: The Gardens Partnership TAX MAP/PARCEL: 45/104B1 ZONING: C-1 Commercial and EC Overlay ACREAGE: 0. 937 acres LOCATION: 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 I. (See also VA-91-28 and VA-92-10) 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 274 square feet. This involves variances to the Entrance Corridor sign regulation, 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 provided 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 built with new construction. Several spaces remain vacant at this time. Uncle Joel's restaurant and Chiminey Corner are in this space. 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-92-09 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 two 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. 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 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) . 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. STAFF REPORT - VA-92-09 Page 3 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 274 feet of frontage, with numerous businesses. 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 Hill Shopping Center across Route 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 computed by 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, except the existing Pier I sign which may measure 110 square feet. 4. The freestanding sign shall not exceed 32 square feet in size, or 10 feet in height.