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HomeMy WebLinkAboutVA199200017 Action Letter 1992-05-21 St , _ VIRCI,NAP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 May 21, 1992 (804) 296 5875 PM Properties, Inc. P. O. Box 12203 Roanoke, VA 24023 ATTN: Thomas Turner RE: Board of Zoning Appeals Action For VA-92-17 Tax Map 060, Parcel 40D Dear Mr. Turner: This letter is to inform you that on May 20, 1992, during the special meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-92-17, subject to the following conditions: 1) Approval of the Design Planner for landscaping and/or other design features which meet the intent of the Scenic Highway Overlay. This variance approval allows relief from Section 30. 5. 6.2 of the Albemarle County Zoning Ordinance to reduce setback from 150 to 20 feet for parking and to be 30 feet for a canopy and 105 feet for a new building. The existing building will be razed. (Prior variances 89-66 and 89-86. ) If you have any questions, please contact our office. Sincerely, Ameli M. Patterson Zoning Administrator AMP/st cc: Planning Department Whiting Oil Company Inspections Department STAFF PERSON: Amelia Patterson PUBLIC HEARING: May 20, 1992 STAFF REPORT - VA 92-17 OWNER: Whiting Oil Co. , Inc. APPLICANT: PM Properties, Inc. TAX MAP/PARCEL: 60/40D ZONING: HC, Highway Commercial ACREAGE: Not Listed LOCATION: On the south side of Rt. 250 West, adjacent to the east of Colonnade Drive at the Shell station. REQUEST: In order to raze and rebuild the site, the applicant requests relief from Section 30.5. 6.2 Scenic Highway overlay. This is to reduce the setback from 150 to a) 20 feet for parking; b) 30 feet for a canopy over the fuel islands; and c) 105 feet for a new building. The existing site is developed with a single story brick and frame building, and two fuel pump islands. These will be razed, and new construction will include a country (convenience) store with canopy above 4-5 new electronic fuel islands. The new pumps and building will actually be located farther from the front property line than they currently exist. The proposed development will be similar in appearance to that proposed on Rt. 250 East. The site plan, which will be subject to Planning Commission and Architectural Review Board consideration, has not been reviewed. It is the Commission's policy that development which necessitates a variance, receive that approval first. The applicant's justification includes: 1. The strict application of the 150 foot setback would prohibit development of this site. The lot is 200 foot deep, and the rear 80 feet is very steep and wooded. 2 . All properties located in a close proximity are not setback 150 feet. 3 . A 30 foot setback is consistent with the adjacent properties, as well as development in this corridor. 4. The new country store and gasoline canopy should enhance adjacent property and will provide a nicer facility for customers to fuel their vehicles and make their convenience purchases. Page 2 VA 92-17 Whiting Oil Staff Report May 20, 1992 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: On August 17, 1987, a variance was approved for Albemarle Bank and Trust (located just east of this property) . This was to allow a freestanding sign to be located 1 foot from the right-of-way, 24 feet in height and 24 square foot in area. The applicant's property was developed prior to the adoption of the Scenic Areas Overlay District. Prior to this requirement, the signage allowed would have been 200 square feet of wall signs and 100 square feet of freestanding sign, with a 30 foot setback. On August 15, 1989, VA 89-66 Whiting Oil Co. , Inc. , was approved to allow a canopy to be located 15 feet from the right-of-way. It has not been constructed. VA 89-86 Whiting Oil Co. , Inc. , was approved by the Board of Zoning Appeals on November 14, 1989 . This allowed variances from the Scenic Highway Overlay for freestanding signage. STAFF RECOMMENDATION: Staff concurs with the applicant's justification. The proposed redevelopment will be more conforming to the scenic highway setback than the existing development. The lot shape creates a hardship for strict application of the increased setback. The proposed fuel islands will result in an intensification of use, by servicing more vehicles than the site currently can at one time. This will be reviewed for technical requirements such as access and circulation, with the site plan review. Because the right-of-way is wide (80 feet) , and the site is currently paved in front, additional landscaping along the frontage will be limited, unless pavement is removed. Staff recommends that architectural review of this site consider design features and/or landscaping which will meet the intent of this Scenic Highway Overlay. (It should be noted that there is a zoning text amendment to delete the scenic highway setback, which has been written and discussed with the Commission in worksession, and is pending public hearings. ) Staff recommends approval for cause: Page 3 VA 92-17 Staff Report Whiting Oil May 20, 1992 1. The applicant has demonstrated that strict application of this ordinance would produce undue hardship. Because the lot is only 200 feet deep, there is not sufficient area to build a convenience store and fuel pumps, with adequate circulation, and meet the 150 foot setback. 2. The applicant has demonstrated that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Most properties in close proximity are deeper and wider. 3 . The applicant has demonstrated 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. Nearby developed properties also do not meet the scenic highway setback. Furthermore, the existing property does not meet it. Should the Board find cause for approval, staff recommends the following condition: a. Approval of the Design Planner for landscaping and/or other design features which meet the intent of the Scenic Highway Overlay. b. All wall signage shall comply with the proposed sign ordinance. Staff urges the applicant to voluntarily comply with the proposed sign ordinance with even the freestanding signage.