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Home My WebLink AboutVA199200012 Action Letter 1992-05-10 too AL 41U (7RG1N) COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 10, 1992 Kiran Patel Southern Sun, Inc. Rt. 13, Box 42 Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Tax Map 78, Parcel 60A Dear Mr. Patel: This letter is to inform you that on June 9, 1992 , during the regular meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-92-12 to allow a (6' X 7'2") 43 square foot freestanding sign, 12 feet in height, with a setback of 5 feet. The Board agreed with the staff's recommendations that the applicant work with the Virginia Department of Transportation to place a small directional sign in the right-of-way at the entrance, that the applicant ask permission of VDOT to trim the shrubbery and trees in the right-of-way, and that the applicant eliminate the menu board in the sign request as requested by the Architectural Review Board. This variance approval allows relief from Sections 21.7 . 1 and 30.5.7 .2 (b) of the Albemarle County Zoning Ordinance. If you have any questions, please contact our office. Sincerely, 26AYk ----) ' Babette Thorpe Zoning Assistant BT/st cc: 4A-92-12 Marcia Joseph Inspections Department STAFF PERSON: Babette Thorpe PUBLIC HEARING: 6/9/92 STAFF REPORT - VA-92-12 OWNER/APPLICANT: Southern Inn, Inc./Quality Inn TAX MAP/PARCEL: 78-60A ZONING: HC, Highway Commercial and EC, Entrance Corridor ACREAGE: .870 LOCATION: Northeast quadrant of Route 250 East/Interstate 64 REQUEST: In order to place a sign over 17 feet in height, nearly 68 square feet in size at a setback of zero feet, the applicant requests relief from Sections 21.7. 1 and 30.5.7. 2 (b) of the Albemarle County Zoning Ordinance. Section 21.7. 1 requires that signs in areas zoned Highway Commercial be set back 30 feet from the edge of right-of-way; Section 30.5.7 .2 (b) limits signs along entrance corridors to ten feet in height and 18 square feet in size. The following chart shows the applicant's request within the context of the current regulations and the proposed sign ordinance: Current Proposed Request Ordinance Ordinance Number of 1 1 per 1 per Signs frontage frontage Height 17' 1 1/2" 10 12 (feet) Size 67.94 18* 32 (sqft) Setback 0 30 5 (feet) *May be increased by the ARB to the square footage allowed in the underlying district. The applicant's justification includes the following: The motel cannot be seen from Route 250 until you have passed it. No directional markers on Route 250 [-] people cannot find entrance. VA-92-12 Page 2 RELEVANT HISTORY: On January 13 , 1988, the Board of Zoning Appeals granted VA-87-75 for development proposed on this property. One of the four variances granted under this approval was a reduction in setback from a public street from 75 to five feet for a parking garage. The property was rezoned from Rural Areas to Highway Commercial on February 19, 1988. Concurrently with the rezoning, the Board of Supervisors approved SP-87-94 for the parking garage. Since no construction has begun on this project, the special use permit is void; however, the property remains zoned Highway Commercial. There i.ss. one sign on the property, a wooden 64-square foot free- standing sign that was approved as a temporary sign on December 17, 1987 (S-87-101) . Since temporary signs are limited under the current ordinance to six months, this sign violates the Zoning Ordinance. The a plic nt �'a^s received notice� p.f this violation. a, d h,� 44 c '0L4 Gc?�N'1/6 Q clout 02 S6 There is another sign for the hoelon Parcel 60. Staff could findrA no record that this sign was approved; however, it is likely that the sign was approved in the early 1970's when the hotel was built. We have asked the applicant to furnish evidence that this sign was approved by this Department and that the height, square footage and setback satisfy the regulations in place when the sign was approved. On June 1, 1992 , the Architectural Review Board considered this request and decided to issue a certificate of appropriateness if the applicant were to: alte4 clip ems bo 1. reduce the sign height to twelve (12) feet; i 67 2 . reduce the sign area to thirty-two (32) square feet; the message proposed on the sign is performed with the use of a logo, additional space is not necessary, and only creates additional clutter on the site; 3 . eliminate the menu board in the sign request; 4. indicate that the wooden freestanding sign adjacent to Route 250 East will be removed. RECOMMENDATION: Staff agrees that the frontage road and the offset entrance make it difficult for travelers in the westbound lane of Route 250 East to locate the entrance to the hotel. Trees and shrubbery in the right-of-way and on the adjoining property prevent motorists from seeing the property until they are near the entrance. However, traffic coming from the Interstate and the eastbound lane of Route 250 East has a clear view of the wall sign on the hotel in time to decide to turn into the property. In addition, travelers on the Interstate benefit from the Highway VA-92-12 Page 3 Department's signs which show the Quality Inn logo and the distance of the hotel from the exit. The proposed sign would not, in staff's opinion, help travelers in the west-bound lane of Route 250 locate the entrance. While the sign would certainly be visible to these travelers, it is still located too far to the west to identify the entrance. In fact, travelers may be so distracted by the large sign and reader board, they ignore the entrance altogether. Staff sympathizes with the applicant in his attempt to identify the entrance more clearly for his customers; however, this sign would not, in staff's opinion, perform that service. Instead, the proposed sign would provide general advertizing to the public traveling along Route 250. It is staff's opinion that the sign does not have to be as tall or as big as proposed to advertize or identify the site. Staff has suggested that the applicant work with the Virginia Department of Transportation to place a small directional sign in the right-of-way at the entrance, where such a sign would be beneficial. Staff has also suggested that the applicant ask permission of VDoT to trim the shrubbery and trees in the right-of-way. If this were done, a sign 12 feet in height, 32 square feet in area should be easily visible from all avenues of approach. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Customers traveling to the hotel on all but one possible route can locate the hotel using either the wall sign, the VDoT signs on the Interstate, or the Quality Inn sign overlooking the Interstate. It appears that the majority of the hotel's customers would arrive either by Interstate 64 or east on Route 250. 2 . The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 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. Most of the property east of the interchange is zoned RA, Rural Areas. An illuminated sign of the size and height proposed by the applicant would, in staff's opinion, negatively alter the character of this area, and the entrance corridor. IJ OFFICIAL DETERMINATION OF ZONING VIOLATION NO. V-92-65/BT DATE: June 2 , 1992 From: Amelia M. Patterson (Zoning Administrator) To: Southern Sun, Inc. T/A Quality Inn (Owner and Violator) You are hereby informed that after investigation the Zoning Administrator has determined that the following use or activity constitutes a violation of the Zoning Ordinance of Albemarle County: Property: 078 60A (Tax Map No. ) (Page No. ) (Parcel No. ) Owner: Southern Sun, Inc. Violator: Seville Associates/Quality Inn Nature of Violation: Violates Section 3 . 0. Definitions, "Temporary Sign" , which states "in no event shall such sign be displayed for a period longer than six (6) months. " Seville Associates/Quality Inn received a temporary sign permit (S-87-101) on December 17, 1987 for a free-standing temporary sign that remains on the premises. You are hereby ordered to cease and desist from the above violation no later than IMMEDIATELY. If you need additional time for termination of this violation you may come to the office of the Zoning Administrator at 401 McIntire Road, Charlottesville, Virginia and extension to a later date will be considered. Under Virginia Code Section 15. 1.496. 1, if you disagree with this determination of violation you may appeal this decision within thirty days of the date of this letter by filing with this office Official Determination V-92-65 Page 2 June 2, 1992 a written notice of appeal to the Board of Zoning Appeals. If you do not file such written appeal within thirty days, this decision will become final and unappealable. /41,f2L '11/( :—Pc )-TI; Zoning Administrator Albemarle County, Virginia cc: vrabette Thorpe Reading File File CERTIFIED MAIL # P 072 269 432