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Home My WebLink AboutVA199800004 Correspondence 1998-03-19 AstOFA.....4,tr , ®_ COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 223 Charlottesville,Virginia 22902-4596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 March 19, 1998 Roger L. Gibson&Steve L. Gibson Route 250 West Ivy,VA 22945 RE: Variance Application, VA-98-04 Tax Map 058A2, Parcel 21 (Sign#48) Dear Messrs. Roger& Steve Gibson: This letter is to inform you that your variance application,VA-98-04,will be heard during the public hearing by the Albemarle County Board of Zoning Appeals on Tuesday, April 7, 1998, at 3:00 p.m., in Meeting Room 241, Second Floor,County Office Building,401 McIntire Road,Charlottesville, Virginia. Our office has installed a public notice sign. It is your responsibility to maintain the sign until the hearing. If the sign is vandalized in anyway,please contact our office immediately. If you have any questions,please feel free to contact our office. Sincerely, jcivvu i,v„- le L.__ Janice D. Sprinkle Chief of Zoning Administration cc: File JDS/ivs I:\GENERAL\SHARE\13LD&ZON\ILEEN\VA98040W.LTR-March I 9, I998 JJ �OFAL1141 s.:-.Ncip `�RGINIP COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 223 Charlottesville,Virginia 22902-4596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 March 19, 1998 Charlottesville Realty Corp. St. Pauls Episcopal Church Joseph W. Richmond, Jr. Rio Corporation, do Dorsey Bias Louis S. or Susan E. Eaton G. Blair or Karen K. Turner RE: VA-98-04, Roger L. Gibson & Steve L. Gibson Tax Map 058A2, Parcel 21 (Sign #48) Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that the Albemarle County Board of Zoning Appeals will conduct a public hearing on Tuesday,April 7, 1998 on VA-98-04, for Roger L. Gibson & Steve L. Gibson. The variance request involves property described as tax map 058A2, parcel 21, Zoned Cl, Commercial and EC, Entrance Corridor, Samuel Miller Magisterial District. The applicant is requesting relief from Section 21.7.1 of the Albemarle County Zoning Ordinance, as follows: The applicant requests relief from Section 21.7.1,is to reduce the front yard from 30 feet to zero feet, to allow the addition of a canopy over the gas pumps. The public hearing will be held by the Board of Zoning Appeals on Tuesday, April 7, 1998, at 3:00 p.m., in Meeting Room 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. This application is available for your review in the Albemarle County Building Code and Zoning Services Office,401 McIntire Road,Room 227,Charlottesville,Virginia. Sincerely, anice D. Sprinkle Chief of Zoning Administration Enclosure I:\GENERAL\SHARE\BLD&ZON\ILEEN\VA9804.ADJ-March 19,1998 , 8.s?6, ‹501/4r- joy nik 7• 1,,A,OFALII I'IRG1-SV" COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 223 Charlottesville,Virginia 22902-4596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 March 18, 1998 Roger Li,(& Steve L. Gibson Route 25'0 West Ivy, VA 22945 RE: Variance Application,VA-98-04 —11-4) U L- Tax Map 05 2,Parcel 21 (Sign#48) �r r5. ��`` '` Dear Gibson: This letter is to inform you that your variance application,VA-98-04,will be heard during the public hearing by the Albemarle County Board of Zoning Appeals on Tuesday,April 7, 1998, at 3:00 p.m.,in Meeting Room 241, Second Floor, County Office Building,401 McIntire Road, Charlottesville,Virginia. Our office has installed a public notice sign. It is your responsibility to maintain the sign until the hearing. If the sign is vandalized in anyway,please contact our office immediately. If you have any questions,please feel free to contact our office. Sincerely, Janice D. Sprinkle Chief of Zoning Administration cc: File JDS/ivs I:\GENERAL\SHARE\BLD&ZON\ILEEN\VA98040W.LTR-March 18,1998 15 October, 1997 As an adjacent property owner, I have become aware of a request by Roger G::bsoN to install a canopy over the gasoline pumps at the Ivy Exxon station. Installation of a canopy over the gasoline pumps will greatly facilitate self service during adverse weather conditions. I am confident that this addition will not only be a practical augmentation to service, but also will conform to standard canopy structures found at most gasoline service stations. I wish to strongly endorse this request by Mr. G;bsaw and look forward to the enhanced service provided by this addition to the Ivy Exxon Station. Respectfully, Louis S. and Susan E. Eaton RICHMOND AND FISHBURNE, L.L.P ATTORNEYS AT LAW JOSEPH W. RICHMOND,JR. QUEEN CHARLOTTE SQUARE JOSEPH W. RICHMOND WENDALL L.WINN,JR, (1916-1986) 214 EAST HIGH STREET MATTHEW B. MURRAY 0 THOMAS G. NOLAN P,O. BOX 559 JUNIUS R.FISHBURNE JOSEPH M. COCHRAN CHARLOTTESVILLE,VIRGINIA 22902-0559 (1915-1991) MARK J. NELSON (804) 977-8590 DEBORAH T.GARREN FAX(804) 296-9861 OF COUNSEL E-MAIL: richfish@richfish.com ALSO ADMITTED IN DC November 4, 1997 Mr. Roger Gibson Ivy Exxon P. 0. Box 305 Ivy, Virginia 22945 Dear Mr. Gibson: It is my understanding that you have applied to Albemarle County for permission to erect a canopy over the gasoline pumps at Ivy Exxon. As owner of adjacent property to the west, carried on the land books of Albemarle County as Tax Map Parcel 58A2-2OA, I wish to advise you that I have no objection to the planned improvements to the Ivy Exxon property. If I can be of further assistance, please let me know. Very truly yours, (4,1014Aa Joseph W. Richmond, Jr. R,Jr/v B1\6974 AFFIDAVIT March 19, 1998 I, ILEEN V. SNOW, HEREBY CERTIFY THAT THE LETTER VA98-04. DATED March 19, 1998, ADDRESSED TO THE ADJACENT LAND OWNERS TO ROGER L. & STEVE L. GIBSON, WAS MAILED VIA REGULAR MAIL ON March 19, 1998. 411 S-r-)02u'' COUNTY OF ALBEMARLE: STATE OF VIRGINIA SWORN AND SUBSCRIBED BEFORE ME ON THIS — DAY OF MARCH, 1998 ckCliqY\ e_ • J-0j1J2 NOTARY PUBLIC MY COMMISSION EXPIRES 1 O -3 I -9 O FILE: Reading File (Tax map 58A2,Parce121) I:\GENERAL\SHARE\BLD&ZON\ILEEN\VA9804.AFF-March 19,1998 r Query on file CISPLAN by STAYLOR using ADJACENT 03/11/98 Page 1 IVY EXON ADJ LIST Query selection conditions : 1 . -TAXPAR = - 058A2000002000- , 2 . -TAXPAR = - 058A20000020A0- , 3 . -TAXPAR = - 058A2000002400- , 4 . -TAXPAR = - 058A2000001800- , 5 . -TAXPAR = - 058A2000001300- , 6 . -TAXPAR = - 058A2000001000- , 7 . -TAXPAR = - 058000000093B0- , 8 . -TAXPAR = - 00000000000000- , 9 . -TAXPAR = - 00000000000000- , 10 . -TAXPAR = - 00000000000000- , 1 OR 2 OR 3 OR 4 OR 5 OR 6 OR 7 OR 8 OR 9 OR 10 TAXMAP/PARCEL: 058A2000001000 ADDRESS1 : CHARLOTTESVILLE REALTY CORPORATION ADDRESS2 : PO BOX 6340 ADDRESS3 : CHARLOTTESVILLE VA ADDRESS4 : ADDRESS5 : ZIPS : 22906 TAXMAP/PARCEL: 058A2000001300 ADDRESS1 : CHARLOTTESVILLE REALTY CORPORATION ADDRESS2 : PO BOX 6340 ADDRESS3 : CHARLOTTESVILLE VA ADDRESS4 : ADDRESS5 : ZIP9 : 22906 TAXMAP/PARCEL: 058A2000001800 ADDRESS1 : ST PAULS EPISCOPAL CHURCH ADDRESS2 : PO BOX 96 ADDRESS3 : IVY VA ADDRESS4 : ADDRESS5 : ZIP9 : 22945 TAXMAP/PARCEL: 058A20000020A0 ADDRESS1 : RICHMOND, JOSEPH W JR ADDRESS2 : 2395 KINGSTON ROAD ADDRESS3 : CHARLOTTESVILLE, VA. ADDRESS4 : ADDRESS5 : ZIP9 : 22901 TAXMAP/PARCEL: 058A2000002000 ADDRESS1 : RIO CORPORATION ADDRESS2 : C/O DORSEY BIAS ADDRESS3 : 1006 RESERVOIR RD ADDRESS4 : CHARLOTTESVILLE, VA ADDRESS5 : ZIP9 : 22903 TAXMAP/PARCEL: 058A2000002400 Q NKSIIS E0 S S Mal 'NO T -Trg : I S S 32jQQ`d , Query on file CISPLAN by STAYLOR using ADJACENT 03/11/98 Page 2 ADDRESS2 : VALLEY POINT FARM-34 ADDRESS3 : IVY VA ADDRESS4 : ADDRESS5 : ZIPS : 22945 TAXMAP/PARCEL: 058000000093B0 ADDRESSI : TURNER, G. BLAIR OR KAREN K ADDRESS2 : P 0 BOX 517 ADDRESS3 : IVY VA ADDRESS4 : ADDRESS5 : ZIPS : 22945 End of Query on file CISPLAN by STAYLOR using ADJACENT DESCRIPTION OF REQUEST JUSTIFICATIONS SHALL BE BASED ON THESE THREE (3) CRITERIA: • That the strict application of this ordinance would produce undue hardship. As our fueling situation sits today, we are simply not able to compete with gasoline refueling locations that have canopies. Every new gasoline station today installs a canopy. These canopies offer shelter for customers during inclement weather especially the elderly, and also offer lighting in the evening for safety. On rainy days our gasoline sales drop at least seventy-five (75%) per cent and if you drive pass our competitors with canopies in place you can see where our business has gone. We simply need a canopy to stay in business. I would like to propose this question to you. On any given rainy day, do you purchase your gasoline at a location with or without a canopy? • That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. We have included pictures of rive other convenience stores in Albemarle County that have similar canopies: Shadwell Store, Route 250 East Rock Store, I-Iydraulic Road Rio Superette, 29 N & Rio Road Bellair Exxon, 250 West Stop-In, 250 West • 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. We have included a petition of local residents and customers that support our variance request. This canopy certainly will do nothing to serve as a detriment to adjacent property owners in Ivy because all our neighbors are already commercial business. • A copy is attached of the proposed canopy we wish to erect, including measurements, over the fuel pumps at Ivy Exxon. Thank you for your consideration. 1 • ��(F AI o l�llll'.: �1RG1N�P COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 223 Charlottesville,Virginia 22902-4596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 March 9, 1998 Mr. Roger L. Gibson P.O. Box 305 Ivy, Virginia 22945 RE: Tax Map 58A2 parcel 21 Determination of Official Zoning to be C1, Commercial Dear Mr. Gibson: This letter serves to take a position and offer a written determination from which the parties in interest will either be satisfied, or if aggrieved, may seek an appeal. In researching this determination, I have reviewed: information in this department's files; the files of Planning and Community Development, including pertinent minutes of the Planning Commission; the minutes of the meetings of the Board of Supervisors on August 1, 1979, as well as from September through December 1980; and, the comprehensive plan recommendations at the time. It is my opinion that the official zoning on the above referenced parcel is currently C1, Commercial. There was a clerical error in transferring the zoning from the proposed zoning map (that showed commercial zoning from the railroad overpass eastward to Ivy Creek) to the 600-foot and 200-foot scale tax map sections. Prior to the adoption of our current zoning ordinance, the zoning maps (still retained in both the Department of Planning and Community Development and the Department of Building Code and Zoning Services) show that the property was split-zoned with B1, Business, to a depth of 200 feet along the entire frontage of Rt. 250, and, A-1, Agricultural, on the remainder of the parcel. The official zoning map adopted by the Board of Supervisors on December 10, 1980 (and retained in the clerk's office) shows C-1 zoning on the whole parcel. It was the 600- foot and 200-foot scale tax map sections that incorrectly showed the parcel as VR, Village Residential. This determination revises those maps to reflect what was shown on the adopted map and what the following minutes from August 1, 1979 state as the desire of the Board in proposing the new zoning for the Village of Ivy: "The commercial area on Route 250 east of the railroad including the gas station, general merchandise store, and post office should remain inasmuch as it provides some community focus. It would be desirable for this area to be upgraded in terms of the provision of convenience goods and in terms of visual improvements." If you are aggrieved by this determination, you have the right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. In order for an appeal to be considered complete, it shall include a completed application and $95 fee. The date notice of this determination was given is the same as the date of this letter. If you have any further questions, please do not hesitate to contact me. Sincerely, Janice D. Sprinkle Deputy Zoning Administrator cc: Stephenson L. Gibson Reading File, TMP58A2-21 Ella Carey, Clerk to the Board of Supervisors Robert W. Tucker,Jr., County Executive