HomeMy WebLinkAboutVA199200009 Action Letter 1992-04-15 ..
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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 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.