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Home My WebLink AboutVA199800004 Staff Report 1998-04-07ALBEMARLE COUNTY 58A(1)i r 3 2 2A 15 18 44 .ram u5A 24 4 r ti, IOA 23 I 23B /23A I 25 I ,, 25A c:,. 10` R4 iGn / ��26 I A vA SCALE IN FEET >o o zoo soo- soo soo t29 ! 28 SAME 'MI'LL-ER DISTRICT IVY' INSERT I 4_ J STAFF PERSON: Jan Sprinkle PUBLIC HEARING:April 7,1998 STAFF REPORT VA 98-04 OWNER/APPLICANT: Roger L. Gibson and Steve L. Gibson, T/A Ivy Exxon TAX MAP/PARCEL: 058A2/21 ZONING: C1, Commercial and EC, Entrance Corridor ACREAGE: 1.64 LOCATION: North side of Rt. 250 approximately 400 feet east of its intersection with Rt. 786 in Ivy TECHNICAL REQUEST AND EXPLANATION: The applicants request relief from Section 21.7.1 which states, "No portion of any structure, except sign , shall be erected closer than 30 feet to any public street right-of-way." A variance of 30 feet is requested to allow a canopy to be constructed over the existing gas pumps and equal with the front property line, a zero setback. The applicants want the canopy..to protect their customers from weather. RELEVANT HISTORY: A variance was granted to this property in 1977 which allowed the third garage bay to be constructed 46.5 feet from the existing right of way. At that time, the scenic highway overlay district required a 150-foot setback for all structures. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The applicants acquired this property in March of 1997. The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. There are neither exceptional size nor shape restrictions nor topographic features that unreasonably restrict the use of this parcel. Three things contribute to this variance request: the physical development of the subject parcel; the use and development of the property immediately adjacent to it; and, the desire of the owners to add a canopy. The original structure was built prior to zoning and is located towards the front of the lot, 44.5 feet from the right-of-way. The gas pump island is approximately 29 feet in front of the building and only 10 feet from the right-of-way. With only 44.5 feet between the service station structure and the Rt. 250 right-of-way, there is not sufficient room to locate a gasoline pump island with a canopy that would meet our yard requirements. (There is also a dwelling behind the service station but it has no relevance to this request.) Roger Gibson has stated that the intention is to replace the tanks and pumps, as required by Federal regulations, in the same location as they currently exist. Staff has tried to relocate the gas pump island on the side of the building where it could still be seen by passing motorists but could meet setbacks. However, there are physical restraints such as access to the building itself, the Rt. 250 bridge over Little Ivy Creek that limits the point of safe access to the site, and, a joint access easement to two Staff Report: VA 98-04 April 7, 1998 Page 2 adjacent properties that would make this very difficult, if not impossible. These are all physical reasons that do restrict the use of the property. However, as staff has previously stated, gasoline pump canopies are not necessary to have reasonable use of commercial property. Staff has completed the Board of Zoning Appeals' Annual Report for 1997.. We have found that although there have been consistent requests to allow existing gas stations to add canopies through the years, we have processed only one in 1997, two in 1996 (one of which was actually heard twice) and none in either 1994 or '95. Although this is the second request in 1998, staff opinion is that this frequency of requests does not warrant staff proposal of a change in the zoning ordinance. Further, these requests may, depending on the individual case, meet the second criteria—uniqueness—for approval of a variance request. Part of the owners' justification for this variance is that lighting under the canopy will improve safety for the customers. However, staff is concerned that with a zero-setback, any lighting at all under the canopy may not be able to meet Section 4.12.6.4, Lighting, which states, "lighting spillover onto public roads and properties zoned residentially or rural areas shall not exceed one-half (1/2) foot candle." Since there is no variance or modification allowed from that section, granting this variance would set up a situation with a potential zoning violation. APPLICANTS' JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria is as follows: Necessary Finding Number One: Hardship The applicant comments: • They are simply not able to compete with gasoline refueling locations that have canopies. • Every new gasoline station today installs a canopy. • Canopies offer shelter for customers during inclement weather, especially the elderly. • Canopies offer lighting in the evening for safety. • Their gasoline sales drop at least 75% on rainy days and they can see the customers at gas stations with canopies. • On a rainy day, do you purchase your gasoline at a location with or without a canopy? These are all good reasons for canopies, but staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. There are some physical conditions of the development of the parcel and the adjacent properties that Staff Report: VA 98-04 April 7, 1998 • Page 3 restrict the use of the property, however, a canopy is not necessary to have reasonable use of the property. Therefore, staff concludes: The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Necessary Finding Number Two: Uniqueness of Hardship The applicant notes: ■ Five other convenience stores have similar canopies: Shadwell Store, Rt. 250E; Rock Store, Hydraulic Rd.; Rio Superette, Rt. 29/Rio Rd.; Bellair Exxon, Rt. 250W; and, Stop-In Rt. 250W. As stated, the requests for canopies over existing gas pumps has been recurring through the years, but they are infrequent enough to continue considering each case individually on its own criteria. In the case of the Ivy Exxon, there are no other gas stations in the general vicinity. None of the convenience stores listed above is closer than 4 miles to Ivy. Therefore, staff concludes: The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Necessary Finding Number Three: Impact on Character of the Area The applicant offers: They have included a petition of local residents and customers that support the request. The canopy will do nothing to serve as a detriment to adjacent property owners in Ivy because all our neighbors are already commercial businesses. Staff agrees that the addition of a canopy will not change the character of the district. However, to be certain that it would not interfere with sight distance, we will recommend a condition of approval should the Board choose to approve. 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 RECOMMENDATION: Granting this variance would be a convenience for the applicants. They are already enjoying use of the property without variance and without a canopy. Because of this and the fact that one of the three variance criteria has not been met, staff recommends denial for cause. Staff Report: VA 98-04 April 7, 1998 Page 4 • Should the Board find cause to approve this request, staff recommends the following conditions: 1. This variance is for the canopy requested only. Any further addition or new construction will require a separate variance application. 2. If no site plan is required by the ordinance, then a sketch plan must be reviewed and approved prior to issuance of the building permit. Approval is required from Building Code and. Zoning Services and from County Engineering (including referral to Virginia Department of Transportation) to insure safe and convenient internal circulation and sight distance. 3. Prior to issuance of the building permit, a certificate of appropriateness from the Architectural Review Board is required for the canopy design and any proposed lighting of such. This shall include a photometric diagram indicating that all canopy lighting will meet Section 4.12.6.4. T.M. 58A(2)-13 ' CHARLOTTESVILLE REALTY CORP. ' \ 4) MAGNETIC 0-7� D.B. 696-555, 558 PLAT / C' T.M. 58A(2)-20 Q.59) RIO CORP. 1997 NIO°45'30"E �/r Q? CROP 58,�(2)-20A/ / D.B. 470-101 IVY RA\LR� ° 40.31' POLE / °// %V4G LET T.M.JOSEPH W. RICHMOND, JR. D.B. 469-13.PLAT ® / / IRON D.13. 821-218 IS; IRON /iii!iiIRON). �i_ . , SET D.B. 268-152 PLAT ill ° SET r POLE IRON IRON •� FOUND °."-N • �\ g�r..'�.� _ IJ!0°45'30"E 270.28' FOUND 5� IRON FOUND :wf�• - LIMITS OF 100 C0'' C �- �� F� 216.30' ° o SET ra `•:::•0j::Qj` N08° 0.37"E pAn �. ��CE 53.98' VICINITY MAP YEAR FLOOD .`::`Q:.O 4.02' :ROMrr) `ci G'nQV -� - POLE ' PLAIN a :`/`. COR , 4$8,,�r----_ __E� -, 0 ,. . A syco ") .: (z-- 11, T.M. 58A(2)-10 .. OJ�� w ' CHARLOTTESVILLE REALTY CORP. Cv _ p O - - .?S.. / z T.M. 58A(2)-2I �� D.B. 696 555, 558 PLAT Z o ° • • / J 1,6I ACRES 3 cw P ,LE G �i G.AS D.B. 1597-226 _ ELEV. IRON IRON t ' C� ;r O ILLER ,'Ak : �� w€ s O . E- / C.APS - D.B. 130-409 PLAT Ap' w0 514.0 ----- o •4 LIMITS OF 100 SET qo SET - J' P,,, �I ----SIGN • .'� YEAR FLOOD ✓> GRAV -L DRIVE -4r+,' �' PLAIN • �A _4- . • LITTLE Wills `� _- i 1 °POLE 0 p= 05 03'12" _ R= 1950.00' o eR�O i�� EXISTING ACCESS ESMT. L= 171.98' S22°43'O7"W �.. �G, w D.B. 907-509 8 C= 171.93' 0.61' `� L)- s�<�� D.B. 788-770 PLAT CB=S58°51'59"E / -' oZ: _.O'`�OF`s, / _ FENCE _ 377.90' IRON �,. o L 0.0 i tee' -� 0 �= 06°38'20" �A IRON IRON POLE S08°O4'24"W 398.90' SET R= 1870.00' S38°03'47"W / \':-r'\ SET SET L= 216.67' 21.08' / -- -- - RIVANNA WATER & SEWER AUTHORITY C= 216.55' LIMITS OF 100 YEAR FLOOD PLAIN N D.B. 789-110, 112 PLAT CB=N58°37'IO"W T.M. 58-24 NOTES: LOUIS S. & SUSAN E. EATON 03 n= 04°21'00" I . THE FLOOD PLAIN ELEVATIONS SHOWN HEREON ARE BASED ON THE FLOOD D.B. 1232-200 PLAT R= 2715.89' INSURANCE RATE MAP, DATED 12-16-80 (COMMUNITY PANEL 510006 02i5B). D.B. 681-548 BOUNDARY SURVEY L= 206.19' 1.61 ACRES & 0.07 ACRE C- 206.14' 2. ELEVATION DATUM: USGS BENCHMARK W3 1928 CB=N80°43'07"E 0.4 MILE WEST OF IVY, ON STATE ROUTE 738 THE PROPERTY OF ROGER L. GIBSON AND STEPHENSON L. GIBSON DISK IN SOUTHWEST CORNER OF CONCRETE PORCH TO MAIN ENTRANCE OF LOCATED ON U.S. ROUTE 250 2 LITTLE IVY CREEK, AT IVY f�•••• _11 MOUNT CALVARY BAPTIST CHURCH ELEVATION: 622.54. SAMUEL MILLER DISTRICT ■■O' /✓r■„ 3. BOUNDARY DATA SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. ALBEMARLE COUNTY, VIRGINIA 0114,+,•O C • 4. DENOTES LIMITS OF 100 YEAR FLOOD PLAIN. SCALE: I" = 50' DATE: AUGUST 28, 1997 0 0 SHOW • ♦ ' REVISED: FEB. 20, 1998 (T o G • ROGER W. RAY 5. DENOTES EXISTING ACCESS EASEMENT FOR LIMITS OF 100 YEAR FLOOD PLAIN) ��1 /!! (D.B. 907-509 & D.B. 788-770 PLAT). • 1331 v ROGER L. GIBSON AND STEPHENSON L. GIBSON • • v • 6. THE 1.61 ACRES AND THE 0.07 ACRE SHOWN HEREON IS DESIGNATED AS T.M. 58A(2)-21. s Z-Zo -98 ,� ■a ■ `Q� �0 ■ ROGER W. RAY 8 ASSOC., INC. Il•• SURVti•e° 7. THE BOUNDARY LINES SHOWN HEREON WERE RE-ESTABLISHED BY MODERN SURVEYS OF THE 17I7-2B ALLIED STREET ••s••• 0 ADJACENT PROPERTIES AND SURVEY OF THIS PROPERTY RECORDED 11J D.B. 130-409. I I335A � iARLOTTESVILLE, VIRGINIA 2290