HomeMy WebLinkAboutVA199400003 Action Letter 1994-05-11 t
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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5875 FAX (804) 972-4060
TDD (804) 972-4012 •
May 11, 1994
James Mikula
5058 Route 13 N. at PA Turnpike
Bristol, PA 19007
RE: Board of Zoning Appeals Action
Tax Map 61M, Parcel 12-i C
Dear Mr. Mikula:
This letter is to inform you that on May 10, 1994, during the meeting of the Albemarle County
Board of Zoning Appeals, the Board (4:0) unanimously approved your request for
VA-94-03.
This variance approval allows relief from Section 4.15.12.6 of the Albemarle County Zoning
to increase the height of wall signs from 20 to 30 feet.
If you have any questions, please contact our office.
Sincerely,
John Grady
Deputy Zoning Administrator
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STAFF PERSON.-John Grady
PUBLIC HEARING: May 10, 1994
STAFF REPORT - VA-94-03
OWNER/APPLICANT: Charlottesville Shoppers World Limited/Staples, Inc.
TAX MAP/PARCEL: 61 M/12-1 C
ZONING: Planned Development Shopping Center
ACREAGE: 12.558 acres
LOCATION: Located .4 mile south of the Rio Road and Route 29 intersection, on
the west side of Route 29 in Shoppers World Shopping Center.
REQUEST:
The applicant requests relief from Section 4.15.12.6 of the Albemarle County Zoning Ordinance,
which states: "Wall signs, maximum height 20 feet".
The applicant seeks a variance to increase the height of a wall signs from twenty (20) to thirty
(30) feet. The proposed sign is one hundred forty-eight (148) square feet in area, consisting of
white channel letters with red returns. The sign will be internally illuminated.
The applicant's justification includes the following:
Hardship
The ordinance would produce an undue hardship because the height of the existing fascia
exceeds the twenty (20) foot height maximum for wall signs. One of the primary functions for
the fascia on the front of the building is for sign display.
Uniqueness of Hardship
To place a wall sign below and under the existing fascia would restrict the sign's visibility from
the parking lot. Lowering the proposed wall sign would also create a misalignment with the
remaining wall signs on the building.
Character of the Area
There should be no change to the character of the area nor detriment to adjacent property as
other wall signs in the shopping center are thirty (30) feet in height. Furthermore wall signs at
Fashion Square Mall and Rio Hill Shopping Center were established with a thirty (30) foot
height limit.
STAFF REPORT - VA-;4-03; Staples, Inc.
Page 2
RELEVANT HISTORY:
On October 13, 1992 and June 8, 1993, variances were granted for T. J.'s and Advance Auto
Store respectively to erect wall signs at a thirty (30) foot height limit at this location. On April
14, 1993, a variance was granted for Kroger to erect a wall sign at a thirty (30) foot height limit
at the Rio Hill Shopping Center location.
RECOMMENDATION:
The Staples, Inc. sign application has been reviewed by the Design Planner for the Architectural
Review Board and has met the requirements for style, color and copy. In an effort to further
define some terminology and correct some applications in the existing sign ordinance, staff will
be recommending some minor changes this year. One of the proposed changes, (subject to the
Board of Supervisors approval), will be to place wall signs back to the original thirty (30) foot
height limit. The twenty (20) foot height limit currently listed for wall signs appears to be an
error.
Staff recommends approval for cause:
1) The applicant has provided evidence that the strict application of the ordinance
would produce undue hardship;
The applicant will meet the thirty (30) foot wall height requirement that will be recommended
by staff. The error in height of wall signs currently listed in the ordinance may be viewed as
a hardship for the applicant in this case.
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;
Currently wall signs at Rio Hills, Albemarle Square, Fashion Square and Shoppers World range
in height up to thirty (30) feet. Approval of the recommended changes and correction to the
sign ordinance will continue to allow wall signs at a thirty (30) foot height limit.
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.
Staff agrees with the applicant that lowering the proposed sign will create a misalignment with
the remaining wall signs in the shopping center. Furthermore, approval of the recommended
changes to the sign ordinance will place the same thirty (30) foot height limitation on all wall
signs should the changes to the sign ordinance be approved by the Board of Supervisors.
Therefore, there will be no change to the character of the district nor detriment to adjacent
property.