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HomeMy WebLinkAboutVA199400016 Application 1994-12-05 • County of Albemarl REC Department of Zoni 401 McIntire Road DEC 5 i994 Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4069LBEMARLE C° ` <`( VA- A - DATE: �C R Sa3 it''i FEE: $95. 00 d STAFF: 9 A � VARIANCE APPLICATION Al OWNER0 (as currently listed in Real Estate) Name Bruce P. Bissonnette _ OCB Realty Co. Phone (612 ) 946 -0617 Address 1060 Viking Drive, Eden Prairie, MN 55344 APPLICANT (if different from above) Name Phone ( ) - Address CONTACT PERSON (if different from above) Name Phone ( ) - Day Phone ( ) - Address LOCATION: PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP UI, PARCEL63-Q; TM , P ; TM P ZONED: i p U / ORDINANCE SECTION: Board of Zoning Appeals Date: L/.2L/9S ,gba Q J ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION: 1) VA-94-16 . Toys R Us, Inc. (owner) /Old Country Buffet (applicant) . Located at the inters of Rt 29N & Branchlands Blvd in front of Toys R Us. TM61Z/P03-12 (pt of) , zoned Planned Unit Development. Seeks to amend prior variance for additional wall sign and area . Variance to increase sign area from 153 to 186 sgft. \qlr\ ?lease cep a- 04 Sheet DESCRIPTION OF REQUEST: 111.11 JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. mill 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 4 3) 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 application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the est of my knowledge and belief. -,y ko - 12-No 7sI , a-5-,L, Signature Receipt# Date f • • • RECEIVED RECEIVED DEC 5 1994 FC 5 1994 ALBEMARLE COUNTY ZONING DEPARTMENT �1^�fling Dept VARIANCE CHECKLIST The current application form must be completed by the applicant in its entirety (the request should be clear) . THE FOLLOWING INFORMATION SHALL BE SUBMITTED WITH THE APPLICATION AND IS TO BE PROVIDED BY THE APPLICANT. ( ) Application with justification statement. ( ) Most recently approved recorded plat. If none exists, then a copy of the deed description for the property or properties involved in the request. ( ) The appropriate drawings showing all existing and proposed improvements on the property, with dimensions and distances to property lines, and any special conditions of the property that may justify the request. ( ) The fee payable to the County of Albemarle. THE ZONING DEPARTMENT WILL PROVIDE THE FOLLOWING INFORMATION TO THE APPLICANT: ( ) One public notice sign for each roadway and/or road frontage. ( ) Instructions for posting signs. ( ) Copy of the review schedule. (Person accepting application) Date Description of Request Old Country Buffet by an existing variance is permitted a 153 sf of signage. The sign on the west elevation is 146.88 sf. Old Country Buffet is requesting a variance for an additional sign of 39 sf on the south elevation, for a total combined signage of 185.88 sf. Without this additional sign there would be no sign on the front entry of the building. Following is the basis for the justification of this variance as identified on your variance checklist form. That the strict application of this ordinance would produce undue hardship. Section 4.15.1 of the ordinance states that signs should accomplish the following goals: "To improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision; To enable businesses to promote and identify their establishments." We feel that in order to meet this criteria, the Old Country Buffet restaurant will need an additional sign to simplify the search for the front entrance to the building, especially for those patrons who are not travelling along Route 29,but rather are coming from Branchlands Boulevard or Hillsdale Drive. The geometric constraints of the site imposed by the development of the adjacent sites has forced the building position. The building is oriented with the front door facing Branchlands Boulevard and not Route 29 as would be expected. The majority of the traffic will come from Route 29 so it is logical to place the sign on the facade that fronts this road. This will create some confusion since the entrance is not located on this facade as would be expected on the facade with the only sign. Old Country Buffet is requesting an additional sign to be placed on the facade with the front entry. This additional sign would help direct people to the front entry and eliminate confusion for the patrons. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Since the use of this parcel is a restaurant and not a retail store this hardship is experienced at a much larger scale than for the surrounding uses. The surrounding uses such as the grocery store, bank and even the toy store have trips that are generated on a necessity basis. While purpose oriented trips do occur with a restaurant, the trips do not occur to the same degree of frequency. A restaurant attracts people who are already out in the community running errands. A customer at Toys R Us could potentially become a customer at Old Country Buffet. Many of the clientele of Old Country Buffet are cross customers with other retail uses and signage is important in attracting consumers to the restaurant. If the customer does not travel from Route 29, but rather a different route, they may never see any sign identifying the building. The chances that this consumer will visit Old Country Buffet is much less since there is no means of determining that this building is a restaurant. It is much more crucial that a restaurant have good signage to attract the clientele. 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. Granting of this sign variance will not be detrimental to the adjacent properties. The sign Old Country Buffet is requesting meets the criteria outlined in the zoning ordinance. The additional sign would have a positive impact on the surrounding area by improving pedestrian and vehicular safety. RECEIVED DEC 5 1994 .I , 51Eu h. ALBEMARLE COUNTY ��/� ARTMENT ''661 S b % I December 2, 1994 LIyC III UUb B R W INC. Ms. Yolanda Hipski County of Albemarle Department of Planning and Community Development Planning 401 McIntire Road Transportation Charlottesville, VA 22902-4596 Engineering Urban Design RE: Application for Sign Variance Thresher Square Old Country Buffet Restaurant 700 Third Street So. Charlottesville, VA Minneapolis, MN 55415 Dear Ms. Hipski: 612/370-0700 Fax 612/370-1378 On behalf of Buffets, Inc., I am submitting a variance request for the proposed Old Country Buffet Restaurant on Branchlands Blvd. in Denver Charlottesville, VA. Old Country Buffet would like a variance to permit Milwaukee more signage than the current variance on this parcel allows. The Minneapolis Architectural Review Board did not have a problem with Old Country Orlando Phoenix Buffet requesting an additional sign of the front facade. The Architectural Portland Review Board stated that they could not approve the variance and it San Diego would be necessary for Old Country Buffet to receive approval from the Seattle Planning Commission. If there are any questions or more information is needed, please do not hesitate to contact me at (612) 373-6431 or Bruce Bissonnette for Buffets, Inc. at (612) 946-0617. Sincerely, BRW, INC. Julie Long Project Engineer Enclosures Sent via UPS Overnight cc: Bruce Bissonnette/OCB Tom Lincoln/BRW File 1658A.10 . k • `✓ AV Legal Description Being a portion of T.M.P. 61Z- 3 -12, Lot 7 Branchlands on a plat at Deed Book 933 pages 562-564, Albemarle County, Virginia, and more particularly described by metes and bounds as follows: BEGINNING at an iron pin found, in the eastern margin of U.S. Route 29, being a common corner to Lot 7 Branchlands, T.M.P. 61-134 and the lease parcel described herein; Thence leaving said eastern margin, and with the aforesaid common line S49°09'35"E 204.89 feet to an iron pin found, a corner common to Lot 7 Branchlands, T.M.P. 61-134, T.M.P. 61Z- 3 -6, and the lease parcel described herein; Thence with aforesaid common line S05°08'29"E 214.57 feet to an iron pin found; Thence leaving said common line, the following new lines internal to Lot 7 Branchlands: S40°01'21"W 61.74 feet to a point; N49°54'35"W 108.39 feet to a point; S40°34'04"W 30.50 feet to a point; N49°25'56"W 237.23 feet to a point in the eastern margin of U.S. Route 29; Thence with said eastern margin, also being a line common to Lot 7 Branchlands, N40°25'22"E 69.28 feet to an iron pin found in said margin; Thence continuing with said margin and line common to Lot 7 Branchlands,N36°13'16"E 175.17 feet to the BEGINNING,containing 1.613 acres,more or less,subject to easements, restrictions or conditions of record, if any. OWNERS APPROVAL COUNTY PLANNING COMMISSION BOARD OF SUPERVISORS THE SUBDIVISION OF THE LAND DESCRIBED HEREIN IS WITH THE FREE CONSENT AND IN ACCORDANCE • WITH THE DESIRE OF THE UNDERSIGNED OWNER, PROPRIETORS, AND TRUSTEES. ANY REFERENCE TO Chairman Designated Agent FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS Date Date AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. NOTARY PUBLIC NOTES I, , A NOTARY PUBLIC FOR THE STATE OF VIRGINIA No Further Division Without DO CERTIFY THAT WHOSE NAMES ARE SIGNED Planning Commission Approval TO THE FOREGOING WRITING BEARING DATE OF HAVE ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AFORESAID. GIVEN Parcel C Is A Portion Of UNDER MY HAND THIS DAY OF , i9 . Branchlands P.U.D. MY COMMISSION EXPIRES Waterline And Sanitary Sewer Easements Shown Hereon Are To Benefit Parcel C, And To Provide Access From Parcel C To Utilities \\SI\ Maintained By The Albemarle County Service Authority T.M.P. 61 — 134 CAVALIER COUNTRY BANK d I 9 0 I , (5 I.E. S49 '09'35"E T.M.P. 61Z— c _6 N. I.F. MARRIOTT COURTYARD 204. 89' r. f,��Benotes Access Esmt. Area - To Benefit Parcel C -'-' `ti 72,5_!0_8229"E � � 214.57' Parcel C _ _ �- - '�' 1. 613 Ac. 57„E 46� 200 "� n,Le, cki 563 .18 _�� • m z I.F. a (o I.F. 40 'O1'21"W 61'74 ti,� h ti ` 1 ti I.S. N49 'S4'35"W I.S I.S. �` \ N49 '25'S6"W 23 . ' r ' -W I S A A (7\\ \ \\ \ , , O oI I.S. \ Existing"Structure \ C o ToysR' Us \ cii I\\ \ ,o = cn � h I OQ � � t- W J \ CO¢ ¢ U \ T.M.P. 61Z— 3 _ 12 .3- v CO H= a c s it LOT 7, BRANCHLANDS "� 4Q ir, c,,,,, w _ v D.B. 933, P. 562-564 (PLAT) hh AN ;tiI xQ zQ c a o Q w� �� n cii ? \ \ (0 mho N o 03 �. N32 ' 6.4 .. �' `� 5 00 1_ _ 395. 05 L • _ W W \ N50 '03'10"W - 244. 77' 639. 82' 4-72 '57'57" R-35. 00 ' BRANCHLANDS BOULEVARD (100 ') A-44. 57' Centerline Of Access Easement DA to S50 '03'06"E 155.92' ® to ° PLAT SHOWING SUBDIVISION N39 '56'54"E 5.70' R�35.500e" OF PARCEL C A=46.95' S64 '16'57"E 123.05' BEING A PORTION OF S50 '03'06"E 115.71' TAX MAP PARCEL 61Z - 0Q - 12 A72 '41 '03" R=37.50' AT BRANCHLANDS A=47.57' R=37.5004" CHARLOTTESVILLE MAGISTERIAL DISTRICT A=36.42' s33 '01'07"E 24.50' ALBEMARLE COUNTY, VIRGINIA JULY 26, 1994 ROUDABUSH, GALE, AND ASSOCIATES C) to A PROFESSIONAL CORPORATION 539 '56'54"W 233. 14' SURVEYORS, PLANNERS, ENGINEERS SCALE: 1 " = 100 ' 914 MONTICELLO ROAD CHARLOTTESVILLE, VIRGINIA "— 7244, p, ' 56. . 11 ochlof: :. dale to ❑ note and file ❑ note and return ❑ return with more details ❑ please answer (send me a copy) ❑ for your approval t] prepare for my signature ❑ please reply promptly ❑ lahe appropriate action ❑ per your request ❑ for your signature • for your information ❑ investigate and report ❑ see me about this comments: Neel • , siet-d.o-teLl (2,44)jr-j4144'1111 GK -7 signe .