HomeMy WebLinkAboutVA199200041 Action Letter 1993-03-10 ( "N
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
March 10, 1993
George H. Gilliam
P. 0. Box 2737
Charlottesville, VA 22902
RE: Board of Zoning Appeals Action For VA-92-41
Hydraulic Sand Co. , Inc.
Tax Map 90, Parcel 35D
Dear Mr. Gilliam:
This letter is to inform you that on March 9, 1993 , during the
meeting of the Albemarle County Board of Zoning Appeals, the Board
unanimously approved your request for VA-92-41 subject to the
property being rezoned by the Board of Supervisors and to the
following conditions:
1) No outside speakers or other methods of amplification shall be
permitted.
2) An exterior lighting plan shall be submitted with a site plan.
Lighting plan shall be subject to approval by the Design
Planner.
3) The landscaping plan submitted by Van Yahres Associates shall be
amended to show the following:
a) The forty-eight (48) shore junipers shown on Route 742
right-of-way shall be planted on the applicant's property.
The new location of the junipers shall be approved by the
Zoning Administrator.
b) A ten (10) foot landscaping buffer shall be placed on the
southern side property line to screen the existing parking
and storage area.
Landscaping shall be installed in the next planting season.
4) The hours of operation shall be limited to the following:
from 7:00 a.m. and 7: 00 p.m.
March 10, 1993
VA-92-41, Hydraulic Sand Company, Inc.
Page 2
5) Any additions or modifications to the buildings or site shall
require approval from the Zoning Administrator, and/or a
variance amendment and/or a site plan amendment.
6) If rezoning denied by the Board of Supervisors, then the
variance becomes null and void.
This variance approval allows relief from Sections 21.7.2 and 24 . 3
of the Albemarle County Zoning Ordinance to 1) reduce the side
setback from 50 to 40 ft on the N property line and to reduce the
side setback from 50 to 19 ft on the S property line for an
existing garage; 2) reduce the side setback from 50 to 29 ft on the
S property line and to reduce the side setback from 50 to 40 ft on
the N property line for an existing dwelling unit; 3) reduce the
street frontage for establishment of a Highway Commercial district
from 150 to 124 ft; 4) reduce the parking setback for commercial
adjacent to residential from 20 to 4 ft.
The actual cost of any notice required under the code shall be
taxed to the applicant, to the extent that the same shall exceed
the applicable fee set forth. Please remit $99. 69 to cover the
cost of the postage and legal ads which exceeded the $95. 00
application fee.
If you have any questions, please contact our office.
Sincerely,
--) 6,/zo-oriu
John Grady
Deputy Zoning Administrator
JG/st
cc: Hydraulic Sand Company, Inc.
PUBLIC HEARING: March 8, 1993
EXECUTIVE SUMMARY (Revision to original staff report) VA-92-41
*This revision is to clarify the proposal by the applicant, and the
procedure for the Board. This revised report is written without
comment as to the appropriateness of the rezoning request. That is
a planning matter for the Board of Supervisors.
OWNER: Hydraulic Sand Co. , Inc.
APPLICANT: Steven & Tammy Swingle T/A Hydraulic Mobile Power
Wash
TAX MAP/PARCEL: 90/35D
ACREAGE: 2.3766 acres
ZONING: R-1, Residential
LOCATION: On the east side of Route 742 (Avon Street
Extended) approximately one mile north of the
intersection with Route 742 and Route 20.
The property is surrounded by residentially-zoned
properties.
REQUEST:
In the event the Board of Supervisors approves rezoning this
property from R-1, Residential to Highway Commercial, the applicant
requests variances necessary to allow the site to remain as-built.
In the event the rezoning is denied, the applicant withdraws this
request.
The applicant requests relief from sections 21.7.2 and 24. 3 of the
Albemarle County Zoning Ordinance, which state:
21.7.2 Adjacent to residential districts:
No portion of any structure shall be located closer than fifty
(50) feet to any residential district. No off-street
parking or loading space shall be located closer than twenty
(20) feet to any residential district.
24 . 3 Minimum Frontage, Shape of district (Highway Commercial) :
Minimum frontage required on a public street for the
establishment of an HC district shall be one hundred and fifty
(150) feet. . . "
The existing structures consist of: 1) A fifty (50) by fifty (50)
foot gray cinder block garage with dark asphalt shingles and three
(3) large bay doors; and 2) a twenty-seven (27) by forty-eight (48)
foot mobile home. The mobile home is light yellow in color with a
dark asphalt shingle roof.
STAFF REPORT - VA-92-41
Page 2
The applicant is seeking variances in conjunction with proposed
rezoning from R-1, Residential to Highway Commercial to allow:
1) An existing garage to remain as located nineteen (19) feet
from the southern side property line and forty (40) feet from
the northern side property line; variances of thirty-one
(31) and ten (10) feet;
2) An existing dwelling unit to remain as located twenty-nine
(29) feet from the southern property line and forty (40) feet
from the northern property line; variances of twenty-one (21)
and ten (10) feet;
3) Reduction of the street frontage for establishment of a
Highway Commercial district from one-hundred and fifty (150)
feet to one-hundred and twenty-four (124) feet; a variance of
twenty-six (26) feet;
4) The reduction of parking and loading setback for commercial
adjacent to residential from twenty (20) feet to four (4)
feet; a variance of sixteen (16) feet.
The applicant's justification includes:
1) The property was acquired in good faith. The lot shape is odd
and is exceptionally long and narrow, with only one hundred and
twenty-four (124) feet of frontage.
2) The setback requirements for commercial adjacent to residential
would permit only a small pie-shaped building site. For all
practical purposes, the property would be rendered unbuildable.
3) This situation is unique as no other commercial properties in
this area are surrounded by residential properties. Therefore,
they do not have the same setback requirements which would make
this property virtually unbuildable.
4) The present uses have been in place for many years and allowing
a continuation of the uses will not change the neighborhood.
HISTORY:
• In 1968, the property was zoned A-1, Agricultural.
• In 1980, the property was rezoned from A-1, Agricultural to R-1,
Residential.
STAFF REPORT - VA-92-41
Page 3
• The current owner (Hydraulic Sand Company) purchased the property
December, 1985. The property was zoned R-1, Residential at this
time.
• In 1987, a building permit was issued to Hydraulic Sand Company
to construct a detached garage.
• In 1988, a Certificate of Occupancy was issued to Hydraulic Sand
Company for the garage. The Certificate of Occupancy was issued
with the condition that the garage be used for residential use
only.
• Since 1989, the Zoning Department has been involved in
investigating this use after receiving complaints that a
commercial business is being operated in a residential zone.
• The applicant responded by submitting a rezoning request, which
was deferred. It has been re-activated, and will be heard
pending the variance.
RECOMMENDATION:
Should the Board of Supervisors approve the rezoning request, staff
concurs with the applicant's justification for variance.
1) The applicant has provided evidence that the strict
application of the ordinance would produce undue hardship.
The property is 124 feet wide at the road, and narrows down
further into the lot. At the logical building site where the
garage is currently located, it is approximately 110 feet wide.
If the required setbacks of 50 feet from either side property
line were applied, this would leave an available building width
of only 10 feet. This would not allow the construction of any
reasonable primary structure of commercial use. In addition,
for a use which involves garage bays or numerous shop fronts, it
becomes necessary to orient the building parallel to the road,
thus reducing the setback from the sides of the property.
It would be an undue hardship of the most classic example that
no structure for a primary use could be built under the
ordinance. This meets the criteria by reason of exceptional
narrowness and shape, and the condition (residential zoning) of
the adjacent property.
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.
This is a unique situation.
STAFF REPORT - VA-92-41
Page 4
3) The authorization of this variance should not be a substantial
detriment to adjacent property and the character of the district
will not be changed by the granting of the variance.
Under the conditions as recommended by staff for this variance
approval, and the proffers to be included with the rezoning, this
use should not be obtrusive. The appearance from the road is that
of a residentially developed lot. The garage was constructed into
the grade such that from the front, only a small section of the
upper wall and roof show. Limitations to lighting, noise and hours
of operation should protect the adjacent residential uses.
Additional land zoned commercially would further buffer the
residential uses by allowing more separation, and more room for
landscaping and the like.
Should the Board find cause to approve this request, staff
recommends the following conditions:
1) No outside speakers or other methods of amplification shall be
permitted.
2) An exterior lighting plan shall be submitted with a site plan.
Lighting plan shall be subject to approval by the Design
Planner.
3) The landscaping plan submitted by Van Yahres Associates shall be
amended to show the following:
a) The forty-eight (48) shore junipers shown on Route 742
right-of-way shall be planted on the applicant's property.
The new location of the junipers shall be approved by the
Zoning Administrator.
b) A ten (10) foot landscaping buffer shall be placed on the
southern side property line to screen the existing parking
and storage area.
Landscaping shall be installed in the next planting season.
4) The hours of operation shall be limited to the following:
from 7: 00 a.m. and 7:00 p.m.
5) Any additions or modifications to the buildings or site shall
require approval from the Zoning Administrator, and/or a
variance amendment and/or a site plan amendment.
The applicant's representative has agreed to accept these
conditions of approval.
STAFF PERSON: John Grady
PUBLIC HEARING: January 26, 1993
STAFF REPORT - VA-92-41
OWNER: Hydraulic Sand Co. , Inc.
TAX MAP/PARCEL: 90/35D
ACREAGE: 2 . 3766 acres
ZONING: R-1, Residential
LOCATION: On the east side of Route 742 (Avon Street
Extended) approximately one mile north of the
intersection with Route 742 and Route 20 south.
REQUEST:
The applicant requests relief from sections 21.7. 2 and 24. 3 of the
Albemarle County Zoning Ordinance, which state:
"21.7 . 2 Adjacent to residential and rural areas districts:
No portion of any structure, excluding signs, shall be located
closer than fifty (50) feet to any residential or rural areas
district. No off-street parking or loading space shall be
located closer than twenty (20) feet to any residential or
rural areas district. "
"24. 3 Minimum Frontage, Shape of district:
Minimum frontage required on a public street for the
establishment of an HC district shall be one hundred and fifty
(150) feet. . . "
The applicant is seeking variances in conjunction with proposed
rezoning from R-1, Residential to Highway Commercial to allow:
1) An existing garage to be located nineteen (19) feet from the
southern side property line and forty (40) feet from the
northern side property line; a variance of thirty-one feet
(31) feet and ten (10) feet;
2) An existing dwelling unit to be located twenty-nine (29) feet
from the southern property line and forty (40) feet from the
northern property line; a variance of twenty-one (21) feet and
ten (10) feet;
3) The reduction of the street frontage for establishment of a
Highway Commercial district from one-hundred and fifty (150)
feet to one-hundred and twenty-four (124) feet; a variance of
twenty-six (26) feet;
4) The reduction of parking and loading setback for commercial
adjacent to residential from twenty (20) feet to four (4)
feet; a variance of sixteen (16) feet.
STAFF REPORT - VA-92-41
Page 2
The existing structures consist of: 1) A fifty (50) by fifty (50)
foot gray cinder block garage with dark asphalt shingles and three
(3) large bay doors; and 2) a twenty-seven (27) by forty-eight (48)
foot mobile home. The mobile home is light yellow in color with a
dark asphalt shingle roof.
The applicant's request is based on the presumption that the
property may be rezoned from R-1, Residential to Highway
Commercial. Therefore, should the rezoning application be denied
by the Board of Supervisors, this application and any approvals
granted by the Board of Zoning Appeals shall be voided.
The applicant's justification includes:
1) The property was acquired in good faith. The lot shape is odd
and is exceptionally long and narrow, with only one hundred and
twenty-four (124) feet of frontage.
2) The setback requirements for commercial adjacent to residential
would permit only a small pie-shaped building site. For all
practical purposes, the property would be rendered unbuildable.
3) This situation is unique as no other commercial properties in
this area are surrounded by residential properties. Therefore,
they do not have the same setback requirements which would make
this property virtually unbuildable.
4) The present uses have been in place for many years and allowing
a continuation of the uses will not change the neighborhood.
HISTORY:
• In 1968, the property was zoned A-1, Agricultural. A non-
conforming single wide mobile home was located on the property at
this time.
• In 1980, the property was rezoned from A-1, Agricultural to R-1,
Residential.
• In 1983, the single wide mobile home was replaced with a double
wide mobile home and met the ordinance requirements for
replacement. (MHP-83-04)
• The current owner (Hydraulic Sand Company) purchased the property
December, 1985. The property was zoned R-1, Residential at this
time.
STAFF REPORT - VA-92-41
Page 3
• In 1987, a building permit was issued to Hydraulic Sand Company
to construct a detached garage.
• In 1988, a Certificate of Occupancy was issued to Hydraulic Sand
Company for the garage. The Certificate of Occupancy was issued
with the condition that the garage be used for residential use
only.
• Since 1989, the Zoning Department has been investigating this
site after receiving complaints that a commercial business was
being operated in a residential zone.
• The applicant responded by submitting a rezoning request, which
was deferred.
• On August 12 , 1992 , the Zoning Department issued a Notice of
Violation to Hydraulic Sand Company for conducting a commercial
business in a residential zone. The Department is still
investigating this issue at this time.
RECOMMENDATION:
It is staff's opinion that had the property been commercial when
purchased, staff may have been able to support the request based on
the applicant's justification of hardship. Supporting this request
would continue to subject adjacent residential property to
increased commercial activity, additional traffic, lighting and
noise. Therefore, staff recommends denial for cause. Should the
Board of Supervisors approve the rezoning, staff recommends
approval of this variance.
1) The applicant has not provided evidence that the strict
application of the ordinance would produce undue hardship.
The property was zoned Residential when the applicant purchased
it and can support residential uses without the need of a
variance. The construction of a garage the applicant now wishes
to use for commercial purposes should be considered a self-
imposed hardship.
2) The applicant has not provided evidence that such hardship is
shared generally by other properties in the same zoning district
and the same vicinity.
There are no other small narrow commercial lots in this vicinity
that share this hardship, because it is not the practice of the
Board of Supervisors to create a situation that could
intentionally be detrimental to residential property. When
property is rezoned to commercial, much consideration is given
to preserving adequate setbacks and buffer area adjacent to
residential property.
STAFF REPORT - VA-92-41
Page 4
3) The authorization of this variance could be a detriment to
adjacent residential property from increased commercial
activity, traffic, light and noise. The Zoning Department has
received complaint calls and a letter objecting to this request
in a Residential Area.
IF THE BOARD OF SUPERVISORS FINDS THE REZONING REQUEST TO BE
APPROPRIATE, AND APPROVES IT, STAFF RECOMMENDS APPROVAL OF THE
VARIANCE. In that event, this case would satisfy all three (3)
criteria, and would be a classic variance. Without the variance,
due to the lot shape and topography, there would be no reasonable
use under the new zoning.
Should the Board find cause to approve this request, staff
recommends the following conditions:
1) No outside speakers or other methods of amplification shall be
permitted.
2) An exterior lighting plan shall be submitted with a site plan.
Lighting plan shall be subject to approval by Design Planner.
3) The landscaping plan submitted by Van Yahres Associates shall be
amended to show that following:
1) The forty-eight (48) shore junipers shown on Route 742
right-of-way shall be planted on the applicant's property.
The new location of the junipers shall be approved by the
Zoning Administrator.
2) A ten (10) foot landscaping buffer to be placed on the
southern side property line to screen the existing parking
and storage area.
4) The hours of operation shall be limited to the following:
from 7:00 a.m. and 7: 00 p.m.
5) Any additions or modifications to the buildings or site shall
require approval from the Zoning Administrator, and/or a site
plan amendment.
AFFIDAVIT
DATE: II-?.Ct ct5
I hereby certify that the attached notice(s)
was sent on t above date to all persons listed on said notice.
COUNTY OF ALBEMARLE: STATE OF VIRGINIA
Sworn and subscribed to before me on this , day of
A(\u_Oa 16161''?) •
C
Notary Public
q e
My commission expires 614- •
File: 0\--CIP41