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HomeMy WebLinkAboutVA199300015 Action Letter 1993-05-12 91/+L J 1 v/RGiNV" COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 May 12, 1993 Daniel W. Swanson, Jr. Route 1, Box 195 A North Garden, VA 22995 RE: Board of Zoning Appeals Action, VA-93-15 Tax Map 98, Parcel 18 Dear Mr. Swanson: This letter is to inform you that on May 11, 1993, during the meeting of the Albemarle County Board of Zoning Appeals, the Board ( 5:0) unanimously approved your request for VA-93-15, subject to the following conditions: 1) A landscape plan for the front of the property abutting Route 29 shall be approved by the Design Planner prior to the issuance of a building permit for the canopy. 2) A lighting plan for the canopy shall be approved by the Design Planner prior to the issuance of a building permit for the canopy. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front setback from 75 to 20 feet for a proposed gas pump canopy. If you have any questions, please contact our office. Sincerely, Z6cvv... John Grady Deputy Zoning Administrator JG/sp STAFF PERSON: John Grady PUBLIC HEARING: May 11, 1993 STAFF REPORT - VA-93-15 OWNER/APPLICANT: Daniel W. and Patricia C. Swanson TAX MAP/PARCEL: 98/18 ACREAGE: 3.41 acres ZONING: Rural Areas LOCATION: On the west side of Route 29 South approximately 2.5 miles south of Route 29 South and Route 692 intersection. REQUEST: The applicant proposes to add a canopy to cover the existing gas pumps on site. The proposed canopy will be located twenty (20) feet from the Route 29 South right-of-way. Section 10.4 of the ordinance requires a minimum seventy-five (75) foot setback from public roads. The applicant seeks relief from Section 10.4 to allow a canopy to be built twenty (20) feet from the Route 29 South right-of-way, a variance of fifty-five (55) feet. The size of the proposed canopy is twenty-four (24) feet by thirty-six (36) feet and approximately fifteen (15) feet in height. APPLICANT'S JUSTIFICATION: The applicant's justification includes: 1) Gas companies are requiring local distributors to upgrade their facilities, if they want to continue to serve their gas. One of the requirements that is being required is the installation of gas pumps canopies. 2) The possibility of losing gas sales at our country store would cause a severe loss of sales not only in gas but also in other goods sold at the store. It would be a serve economic hardship. 3) The canopy will be very similar to the one at the Trading Post, and would be located further back from the VDOT right-of-way. 4) There are several improvements planned for the site: painting, landscaping, paving and canopy. These improvements should improve the visual appearance of the site and should be a substantial benefit to adjacent properties. STAFF REPORT - VA-93-15 PAGE 2 HISTORY: The site was developed in 1962, prior to the adoption of the Albemarle County Zoning Ordinance in 1969. The current owner and family have owned and operated the store since 1963. RECOMMENDATION: Staff agrees with the applicant on the following criteria: 1) The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. The applicant's property was developed in 1962 prior to the adoption of the Zoning Ordinance in Albemarle County. The Trading Post Country Store is the only other similar site that staff is aware of in this vicinity that shares this hardship. The Trading Post was granted a setback variance for a canopy in 1991. 2) The applicant has provided evidence that the authorization of this variance will not be of substantial detriment to adjacent property nor change the character of the district. The proposed canopy and improvements planned by the applicant should improve the visual appearance of the site. As the store and gas pump island already exists, there should be relatively no change in the character of the district or detriment to adjacent property. Staff is sympathetic with the applicant's dilemma of having to conform to the new requirements being imposed by major gas companies in order to continue gas sales. Staff also agrees with the applicant that fuel pump canopies do provide customers and equipment with a certain amount of protection. However, staff feels the applicant has reasonable use of the property and canopies are more of a convenience than a necessity. It is also staff's opinion that the applicant has not adequately addressed the remaining criteria for approval. Therefore, staff must recommend denial for cause. 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship approaching confiscation. STAFF REPORT - VA-93-15 Page 3 Should the Board find cause to approve this request, staff recommends the following conditions: 1) A landscape plan for the front of the property abutting Route 29 shall be approved by the Design Planner prior to the issuance of a building permit for the canopy. 2) A lighting plan for the canopy shall be approved by the Design Planner prior to the issuance of a building permit for the canopy.