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HomeMy WebLinkAboutVA199300035 Action Letter 1993-11-10 _-jr I�� At. gr�5�1 f'IRGINIP 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 Shadwell Food Store Tax Map 79, Parcel 9 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-93-35, subject to the following conditions: 1) Applicant shall relocate the dumpster and provide opaque wood screening around it to the satisfaction of the Design Planner. 2) Applicant shall either remove the old cooler box from the rear of the site or repair it and meet the Design Planners' recommendation for the new location and screening. 3) Applicant shall provide a lighting plan for the canopy for approval by the Design Planner prior to issuance of a building permit 4) Applicant shall provide a landscaping plan to screen outdoor coolers and fenced area at the rear of the site to the satisfaction of the Design Planner. 5) This approval is limited to the current request. Any expansion/enlargement shall require an amendment to this variance. } November 10, 1993 Michael Cason; VA-93-34 Page 2 This variance approval allows relief from Section 21.7.1 of the Albemarle County Zoning Ordinance reduce the front setback from the intersection of Route 250 and Route 22 from 30 to 3 feet for construction of a gas canopy. If you have any questions, please contact our office. Sincerely, ,, John Grady Deputy Zoning Administrator JG/sg cc: Inspections Lloyd Wood, Jr. STAFF PERSON: John Grady PUBLIC HEARING: November 9, 1993 STAFF REPORT - VA-93-35 OWNER: Lloyd Wood, Jr. APPLICANT: Quarles Petroleum, Inc. TAX MAP/PARCEL: 79/9 ACREAGE: 1 .18 acres ZONING: C-1, Commercial LOCATION: Property located at the intersection of Route 250 and Route 22 on the east side of the intersection, known as the Shadwell Food Store. REQUEST: The applicant proposes to add a canopy to cover the existing gas pumps on site. The proposed canopy will be three (3) feet from the Route 250 and Route 22 intersection right-of-way. Section 21 .7.1 of the ordinance requires a minimum of a thirty (30) foot setback from the right-of-way, a variance of twenty-seven (27) feet will be required. The size of the proposed canopy is twenty-four (24) 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 at the top. There will also be three (3) Citgo logos that measure four (4) square feet each located on three (3) corners of the canopy. APPLICANT'S 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 there for not be a detriment to adjacent property. STAFF REPORT - VA-93-35 Page 2 HISTORY: The site was developed in 1958, prior to the adoption of the Albemarle County Zoning Ordinance in 1969. A variance was also approved for this site on January 8, 1985 to allow a small enclosure to be added to the front of the store. The enclosure was constructed twenty-three (23) feet from the right-of-way and required a variance of seven (7) feet. 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 store locations 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 the 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 1958 prior to the adoption of the Zoning Ordinance in Albemarle County in 1969. Staff is unaware of any other commercial sites in this vicinity that share this type of setback hardship. In addition, it is constrained by the following: a small size, triangular shape, and road frontage on two (2) sides. 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 applicant is also proposing to move the existing gas island three (3) to four (4) feet farther away from the right-of-way for safer access. 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. The application has received the approval from the Design Planner to the Architectural Review Board with conditions listed below. STAFF REPORT - VA-93-35 Page 3 Should the Board find cause to approve this request, staff recommends the following conditions: 1) Applicant shall relocate the dumpster and provide opaque wood screening around it to the satisfaction of the Design Planner. 2) Applicant shall either remove the old cooler box from the rear of the site or repair it and meet the Design Planners' recommendation for the new location and screening. 3) Applicant shall provide a lighting plan for the canopy for approval by the Design Planner prior to issuance of a building permit 4) Applicant shall provide a landscaping plan to screen outdoor coolers and fenced area at the rear of the site to the satisfaction of the Design Planner. 5) This approval is limited to the current request. Any expansion/enlargement shall require an amendment to this variance.