Loading...
HomeMy WebLinkAboutVA199300034 Action Letter 1993-11-10 (sof Al COUNTY OF ALBEMARLE • Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 10, 1993 Michael Cason Quarles Petroleum, Inc. 914 James Madison Highway Culpeper, VA 22701 RE: Board of Zoning Appeals Action Rock Store Tax Map 45, Parcel 22 Dear Mr. Quarles: This letter is to inform you that on November 09, 1993, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (5:0) unanimously approved your request for VA-93-34, subject to the following conditions: 1) Applicant shall provide opaque wood screening around dumpster to the satisfaction of the Design Planner. 2) Applicant shall provide a lighting plan for the canopy for approval by the Design Planner prior to the issuance of a building permit. 3) Approval shall be subject to review by the Design Planner, of landscaping in planter boxes. 4) Approval shall be limited to the current request. Any enlargement/extension shall require an amendment to this variance. This variance approval allows relief from Section 21.7.1 of the Albemarle County Zoning Ordinance to reduce the front setback from Route 743 from 30 to 13 feet for construction of a gas canopy. • November 10, 1993 Michael Cason; VA-93-34 Page 2 If you have any questions, please contact our office. Sincerely, John Grady Deputy Zoning Administrator JG/sg cc: Inspections Benton Patterson STAFF PERSON: John Grady PUBLIC HEARING: November 9, 1993 STAFF REPORT - VA-93-34 OWNER/APPLICANT: Benton G. or Clarice Patterson/Quarles Petroleum, Inc. TAX MAP/PARCEL: 45/22 ACREAGE: 6.543 acres ZONING: C-1, Commercial LOCATION: Property located at the intersection of Route 631 and Route 743, known as the Rock Store. REQUEST: The applicant proposes to add a canopy to cover the existing gas pumps on site. The proposed canopy will be thirteen (13) feet from the Route 743 right-of-way. Section 21.7.1 of the ordinance requires a minimum of a thirty (30) foot setback from the Route 743 right-of-way, a variance of seventeen (17) feet. The size of the proposed canopy is twenty-four (24) feet by twenty-four (24) feet and approximately fifteen (15) feet in height. The canopy will be cream white in color with a red, orange and yellow band. There will be three (3) Citgo logos that measure four (4) square foot each located on each corner of the canopy. APPLICANT JUSTIFICATION: 1) Gas companies are requiring local distributors to upgrade their facilities, if they want to continue to serve their gas. One of the requirements is the installation of gas pump canopies. 2) The possibility of losing gas sales at the store would cause a severe loss of sales not only in gas but other goods sold at the store. This would create a severe economic hardship. 3) The improvements planned for the site will improve the visual appearance and therefore not be a detriment to adjacent property. HISTORY: The site was developed in 1961, prior to the adoption of the Albemarle County Zoning Ordinance in 1969. STAFF REPORT - VA-93-34 Page 2 RECOMMENDATION: Staff concurs with the applicant's justification and recommends approval for cause: 1) The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. The possibility of losing gas and other commodities for lack of a canopy does impose an economic hardship on these small stores. The market demands and the upgrading of facilities that is being required by the gas companies is forcing these older stores into variance requests in order to remain competitive. Furthermore, as the pump islands already exist on site, the addition of the canopy is intended to protect and serve the public and existing equipment. 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. The applicant's property was developed in 1961 prior to the adoption of the Zoning Ordinance in Albemarle County in 1969. Staff is unaware of any other commercial sites in this vicinity which share this type of setback hardship. In addition, it is constrained by its shape and two (2) road frontages. 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. The proposed canopy and improvements planned by the applicant should improve the appearance of the site. The store and pump islands already exist at this location, therefore, there should be relatively no change in the character of the district or detriment to adjacent property by the approval of this request. Should the Board find cause to approve this request, staff recommends the following conditions: 1) Applicant shall provide opaque wood screening around dumpster to the satisfaction of the Design Planner. 2) Applicant shall provide a lighting plan for the canopy for approval by the Design Planner prior to the issuance of a building permit. 3) Approval shall be subject to review by the Design Planner, of landscaping in planter boxes. 4) Approval shall be limited to the current request. Any enlargement/expansion shall require an amendment to this variance.