HomeMy WebLinkAboutVA199500005 Review Comments 1995-06-07 COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: Cafe No Problem AGENDA DATE: ITEM NUMBER:
Jurisdictional Area Amendment June 7, 1995
SUBJECT/PROPOSAL/REQUEST: ACTION: x INFORMATION:
Proposal to amend/clarify the previous actions on
this site regarding the use of public sewer. CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Messrs. Fritz, Cilimberg ATTACHMENTS:
REVIEWED BY:
BACKGROUND: This site is located at the intersection of Route 240 and 250 at Mechums River and is formerly
known as the Galerie Restaurant and the Ridge Restaurant. The Board originally included this area in the
jurisdictional area for sewer on October 7, 1992. This approval limited the line serving the site to a two inch sewer
line. Subsequent to that action the Board modified its action on December 2, 1992 to allow an increase in the size
of the line but limited the use of the sewer line to serve the existing structure, existing use and existing capacity
only. The applicant has presented proposals which in the opinion of staff are not directly consistent with the
December 2, 1992 action. The applicant's request is included as Attachment B.
DISCUSSION: Staff will comment on each aspect of the Board's approval separately:
EXISTING STRUCTURE: The applicant contends that the Board's action "did not prohibit the existing structure
from being expanded, enlarged, or modified in compliance with all zoning and building regulations applicable".
Staff opinion is that the Board's action limits any enlargement to the building with the exception of facade treatment.
The applicant is requesting to expand the foot-print of the building and to add a second floor. These activities have
resulted in the need for variances in the setback. (These variances are scheduled to be heard June 6, 1995 by the
Board of Zoning Appeals. Zoning staff has recommended denial of the variances.)
This property was zoned C-1, Commercial in recognition of the existing use. The existing use is non-conforming
due to setback. The site is not located in a designated growth area. Limiting the use to the existing structure will
minimize the inconsistency of this use with the Comprehensive Plan. Expansion of the building, particularly
expansion requiring variances, represents increased commercial activity in the Rural Areas which is inconsistent
with the Comprehensive Plan. Staff opinion is that the use should be limited to the existing structure with the
exception of facade treatment and those expansions which do not require variances or modifications of the
ordinance.
EXISTING USE: The existing use of the site has been interpreted to mean a restaurant. The applicant has proposed
the construction of a second floor which would be used as an apartment by an employee. The zoning ordinance does
permit limited residential use of commercial property. Staff believes that limited residential use such as proposed
is incidental to the primary restaurant use and should be acceptable as long as it is within the existing structure
except as may be modified as described above.
EXISTING CAPACITY: Staff ____ reviewed the minutes of the Board on and is of the opinion that this
limitation was intended to prevent expansion of the seating capacity of the restaurant. However,the seating capacity
was not clearly identified. At the time of the Board's action the site did have a "pump and haul" permit allowing
a 65 seat restaurant serving a single meal a day. (The applicant has stated that information obtained by him from
the Health Department allowed 85 seats.) Staff is unable to determine any relationship between the "pump and
haul" approvals and the previous use of the site. The applicant has constructed the sewer line in accord with the
previous approvals. Use of this site for a 100 seat restaurant does not present a capacity problem according to the
Albemarle County Service Authority. The Health Department anticipates 50 gallons per seat per day in a restaurant.
Staff opinion is that the existing condition does not provide adequate clarification as to the existing capacity. As
the building code would allow up to 115 seats in the existing structure, setting the capacity limit at 100 seats would
appear to be appropriate.
RECOMMENDATION: Proceed to public hearing with this request. In response to the applicants request for
modification of the jurisdictional boundary staff recommends the following language:
Approval is for sewer service only. This approval authorizes the construction and placement of a sewer line and
associated pump station to serve the existing use (restaurant plus associated apartment for employee), existing
structure (with the exception of facade treatment and those expansions which do not require variances or
modifications to the ordinance), and existing capacity (equivalent of 100 seat restaurant generating not more than
5000 gallons per day) only.
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