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Home My WebLink AboutVA199500017 Plan - Approved 1995-12-05 A��F n `'qs -)III ' �' COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 December 6, 1995 Lloyd F. & Patricia E. Wood 724 Chapel Hill Road Charlottesville, VA 22901 RE: Board of Zoning Appeals Action VA-95-17, Tax Map 061, Parcel 124E Dear Mr. & Ms. Wood: This letter is to inform you that on December 5, 1995, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (4:1) approved your request for VA-95-17, subject to the following conditions: 1) That the setbacks be reduced only for the construction of a self storage facility as shown on the October 17, 1995 rezoning application plan prepared by the applicant in support of the rezoning application which accompanied VA-95-17. 2) Other requirements of the site plan review and approval. This variance approval allows relief from Sections 21.7.1 and 21.7.2 of the Albemarle County Zoning Ordinance to reduce the setback adjacent to residential districts from 50 feet to 3 (three) and from a future public road (currently reserved for dedication upon demand by Albemarle County) from 30 feet to 10 feet. Letter to LLoyd and Patricia Wood Page 2 December 6, 1995 Anyone aggrieved by a decision made by the Board can appeal the decision to the Circuit Court of Albemarle County within thirty days of the decision. If you have any questions, please contact our office. Sincerely, Jan Sprinkle Zoning Assistant JS/st cc: VA-95-17 File Inspections Department (94-343AR) Planning Department STAFF PERSON: Jan Sprinkle PUBLIC HEARING: December 5, 1995 STAFF REPORT - VA-95-17 OWNER/APPLICANT: Lloyd F. & Patricia E. Wood TAX MAP/PARCEL: 61/124E (Pt.) ZONING: Highway Commercial, C1 and R15 ACREAGE: 23.043 Acres LOCATION: The portion of the parcel subject to this request is on the east side of Rio Road and the south side of Putt Putt Lane behind the existing Putt-Putt Golf facility. REQUEST: The applicant requests relief from Sections 21 .7.1 and 21 .7.2 of the Albemarle County Zoning Ordinance. §21 .7.1 states: "Adjacent to public streets: No portion of any structure, except signs, shall be erected closer than 30 feet to any public street right-of-way." §21 .7.2 states, "Adjacent to residential and rural areas districts: No portion of any structure, excluding signs, shall be located closer than fifty feet to any residential or rural areas district. No off-street parking or loading space shall be located closer than 20 feet to any residential or rural areas district." The applicant's justification includes the following: Hardship The County required 61 feet for a private access easement where normally private access easements are only 30 feet wide. Uniqueness of Hardship This size right-of-way reservation is not generally required at other properties in this area. Character of the Area The walls of the structures will have no doors and window openings adjacent to other properties. All structures, except the office will be unoccupied areas, no activity on- site will be visible from the street or adjacent properties. The proposed use will generate less traffic volume than other permitted uses. The front setback from actual pavement varies from 22 feet to 38 feet. STAFF REPORT - VA-95-17 Page 2 RELEV__ANLHl S_TO RY: There have been two rezonings and a special use permit (ZMA86-01 , ZMA93-15 and SP90-84) on portions of this parcel. ZMA95-18 is currently under review to change the C1, Commercial zoning to HC, Highway Commercial for the use that is subject to this variance. STAFF COMMENT: Since this property is not currently developed commercially, there is no reason why the setbacks—both from the right-of-way and the adjacent residential zone—cannot be met. Setbacks, or yard requirements, have multiple purposes in zoning. They provide light, air, and open space, in the promotion of the general health and well being of the community. In the case of a commercial district abutting a residential district, the yard acts as a buffer zone allowing landscaping to create visual privacy between the dissimilar uses. The residentially zoned area adjacent to the southeast of this parcel is currently recommended for office service in the Comprehensive Plan; however, staff does not recommend reducing yard and/or buffer areas based on possible future changes. Since the property is zoned R-10, Residential, it could be developed residentially at any time. Regarding the setback from the right-of-way, our ordinance makes no distinction in widths of rights-of-way. The setback is always from the edge and therefore, is not influenced by Virginia Department of Highways' requirements. This 61-foot width r/w appears to be a VDOT requirement stemming from approval of the Sovran Bank and Rio Hill Apartments site plans for which Mr. Wood subdivided and sold land from this same parcel. RECOMMENDATION: Staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; This property can be developed meeting all setbacks and yard requirements. The strict application of the ordinance will not effectively prohibit or unreasonably restrict the use of the property. 2) The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; STAFF REPORT - VA-95-17 Page 3 The right-of-way was added after development of both the Bonanza and the Putt Putt commercial developments without making them non-conforming. The Sovran Bank was developed after the r/w and meets all setbacks. There is no exceptional topographic feature, size or shape problem encountered on this parcel. 3) The applicant has not 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. Since all other properties on the same road meet the requirements this development would be the only one closer to the right-of-way than allowed by ordinance. It could also be detrimental to the potential residential use on the undeveloped property to the southeast. Having a structure built ON the property line with just the exterior walls and no landscaping is not conducive to residential living and not good planning nor zoning practice. Should the Board choose to approve this request, staff recommends the following condition: 1 . A minimum 10-foot setback shall be maintained adjacent to the residential districts. 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