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HomeMy WebLinkAboutVA199500020 Review Comments 1996-01-02 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 2, 1996 STAFF REPORT VA-95-20 OWNER/APPLICANT: B & B Partners, T/A Brady-Bushey Ford, Inc TAX MAP/PARCEL: 78-6 (Attachment A) ZONING: HC, Highway Commercial ACREAGE: 7.38 acres LOCATION: The north side of Rt. 250, approximately 1300 feet east of its intersection with Rt. 20 north. REQUEST: The applicant requests relief from Section 4.15.12.6 of the Albemarle County Zoning Ordinance, which states, in part: "For each lot, freestanding sign, maximum area 32 square feet, maximum height 12 feet". The applicant seeks a variance to increase the area of a freestanding sign from 32 sf to 72 sf and to increase the height of the same sign from 12 feet to 14 feet. This is a variance of 40 feet in area and 2 feet in height. The sign is currently displayed on the adjacent parcel 7 at 26 feet high. It is internally illuminated and is approximately 70 square feet. At this time, the Brady-Bushey car dealership exists on Tax map 78 parcel 7. There is also an approved site plan for a new building on parcel 6 which is the parcel contiguous to and on the west side of the existing business. Their plan is to move the Jeep new-car sales from parcel 7 to parcel 6. The Ford new-car sales will remain on parcel 7. The applicant's justification includes the following: Hardship "Instead of adding a third sign to our properties, we request to move the Jeep/Eagle sign approximately 100 feet west of its present location onto the newly developed B & B Jeep/Used facility. Our existing Jeep sign is of the most current design and to destroy it and replace it with a new one would be costly." Character of the Area "This will be to the public benefit by keeping our present number of signs at two instead of adding a third sign." STAFF REPORT - VA-95-20 Page 2 RELEVANT HISTORY: On November 10, 1981, a variance was granted on parcel 7 that included the sign that Mr. Bushey now wants to move from parcel 7 to parcel 6. The variance increased the total square footage allowed for two freestanding signs from 100 sf to 169 sf and varied the setback from 30 feet to 15 feet. (The Ford sign is approximately 96 sf and is proposed to remain on parcel 7.). STAFF COMMENT AND RECOMMENDATION: The sign ordinance has undergone many changes making it more restrictive since the original variance was approved. In 1981 the ordinance allowed 2 freestanding signs with a total area of 100 sf, a maximum height of 30 feet and a setback of 30 feet. By today's ordinance, parcel 6 could have one freestanding sign and parcel 7 could have a maximum of two freestanding signs (total of 3 signs) each of which could each be a maximum of 32 sf in area (total 96 sf), stand a maximum of 12 feet in height and be placed a minimum of 5 feet from the r/w of Rt. 250. See Attachment B. This property was acquired in good faith by the current owner as a parcel adjacent to his existing car dealership with the intent of expanding the business. The strict application of the ordinance in this case will unreasonably restrict the owner from moving an existing sign from one area of his business to another. This is multifaceted business under a unified development plan. What is proposed could be done without variance but for the property line. Although the subject sign is under variance for its area, it is non-conforming with regard to height. Therefore, the sign could be moved—if the new location were on the same parcel as it currently is displayed—by reducing the height by only 25%. That means the 72 sf sign could be reestablished at 19.5 feet in height if parcels 6 and 7 were combined into one parcel. Due to a financial arrangement, Mr. Bushey does not want to combine the parcels and is willing to give up other signage allowed by right and to make the subject sign closer to conforming if this variance can be obtained. Without the variance Mr. Bushey could simply leave the two existing signs under VA-81-58 where they stand on parcel 7 and add one new sign on parcel 6 that would conform to the current ordinance. It is generally accepted that fewer signs constitute fewer distractions and therefore make a safer situation for the traveling public. Albemarle County has revised the entire sign ordinance intentionally to limit the height, area and number of signs allowed on each parcel. We continually strive to make our roads as safe and attractive as possible. This request is in harmony with the spirit and purpose of the ordinance. STAFF REPORT - VA-95-20 Page 3 Marcia Joseph, design planner for the ARB, has stated that this request can be supported if all three conditions recommended below are approved. Staff recommends approval for cause: 1) The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; The request to move the existing sign would be allowed if the business existed on only one parcel, but not allowed when considering two parcels with one business. This is an unreasonable restriction which has no apparent protection of public interest. 2) The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; This is an extraordinary situation in that we do not typically receive requests to reduce an existing variance and limit the signage which is allowed by right. The fact that there are two contiguous parcels owned by the same partnership and used for the same business is also unusual. This situation is not shared generally by other properties in the same zoning district. 3) 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. Since the same sign is proposed to simply be moved, there will be no change to the character of the district nor detriment to adjacent property. The only noticeable change will be to improve the visual character of the district by reducing the height of the sign. With the conditions outlined below, the number of signs and the square footage of signs allowed will also be reduced from that permitted for these properties under the existing variance and the current ordinance. STAFF REPORT - VA-95-20 Page 4 This request is in harmony with the spirit and purpose of the ordinance. If the BZA chooses to approve the request staff recommends the following conditions: 1. This variance is only valid if the signage on parcel 7 is reduced to include only the 96 sf Ford sign that will remain. If the sign on parcel 7 is ever increased to more than the 96 sf existing, this variance is null and void and the sign on parcel 6 must be removed within 60 days. 2. This variance is for the existing sign that is being relocated only and cannot be applied to any future sign. All future signs shall comply to the ordinance in effect at the time. 3. If either of the two signs (72 sf on parcel 6 or 96 sf on parcel 7) is replaced or remodeled in any way, that sign shall conform to the ordinance requirements at the time (as opposed to considering it conforming by variance or using non-conforming requirements.) •TTACH ENT"A" ALBEMARLE COUNTY 62 V \ \s,) 27 J1 ' ij ' 1 ‘' \ \\ V. 1 .,o.s VA-95-20, BRADY-BUSHEY FORD _�\ \\ /4PP ,c u%,.iOD.M n—.x caw— , fix•l v` v\\\\\\\\\\\\\\\\\•\\\\ \ \�\\\ \`�.\\ H. , WM ,0-:11•® »� w . nor ' \ 1.L y , ,..• 46;,sso ' .5 r \ --- . --- --1 /34 • °I' -7.'s'N ''''', 44S41$* no \" —....--:÷.- \ / ( i'-- 1 1 le te, At do, ,s., /1-, wiv— _ ,„ ,.., 2021 • 4 ......,, 4.\--,._..-....riff 51 i P t..,:c.:22 AG ©1,© , 2D1 �--i rr'. ro as =DE 53 51A A i SIB / xor / —� ,(la c-j TT {y t17� y _.., 1W s; si •.La.ou!( Dowoo! \ 32.. 33C . 0‘W- - >C44(. 4 ---1-- 49 "--B" 1:: uni! ;,x*! \\ l N 6� �a� Aa I ao . \ \ _ Slf�� T___ Rr 250 1�1 • RI VAN Ni D1 . �` v L__ zf � l �� MONTICELLO ) 22 .,/,‹ -4/- .. \f6 C B ff, 7 ......„-. ..,...- ...-------,/5. ,t(.,.;, 3 / < /, .,, , 1/ •UfU,w MILLf '. ' ,./',,;„ $ 3 i \zc \ y ^\219 > ) n • (/ 92 SOMA .l OW SCOTTSVILLE AND SECTION 78 RIVANNA DISTRICTS ATTACHMENT "B" Existing parcel 6 1 sign 32 square feet 12 feet in height Condition with VA-81-58 but Parcel 7 1 sign 73 square feet 26 feet in height not VA-95-20 1 sign 96 square feet 30 feet in height Total 3 signs 201 square feet 68 feet total With VA-95-20 Parcel 6 1 sign 72 square feet 14 feet in height and the stated conditions Parcel 7 1 sign 96 square feet 30 feet in height Total 2 signs 168 square feet 44 feet total GRANTING VA-95-20 WITH THE 3 STATED CONDITIONS WILL: - ELIMINATE ONE SIGN - CUT DOWN AREA OF SIGN FACES BY 32 SQUARE FEET - CUT DOWN HEIGHTS ALLOWED BY 24 FEET 'nLray11s5� aS' 9-zZ 11 1 2� I . iI IPi I Z S bCD ,57: WILTON 737.041'43\ S 6 5 26 S -13•28 32 9�48" F- D.B. 1009 P. 519 THIS IS TO CERTIFY THAT ON NOVEMBER 22, 1995 <9' \A 8 65 a1, — PLAT I ANDD THE THE TITLEDLINES AND WALLS OFERTY SHOWN ON �- 76'08'05" E �" 108.96 THE BUILDING ARE SHOWN HEREON. A PORTION OF THIS PROPERTY LIES IN ZONE A AND IS IN GN� G 5.5 , 5" ��»� • s �S 0 g 201P.454 AN AREA DESIGNATED AS ZONE A (100 YEAR MP `Op,N S 2 8 g4' E R••AN R1GH FLOOD HAZARD) AS SHOWN ON FEDERAL FLOOD MER 3 0.4 ,p6 R1PA GPBLE 2�All RATE INSURANCE MAPS, S 2 13 22 R P- \ 0 P.AS EFFECTIVE DATE: DECEMBER 16, 1980 0 50 100 200 N0 Fig 0-0• - GRO0 p 1 1-- APPROXIMATE UMITS UNDER 0.8.20 w OF FLOOD ZONE A SCALE IN FEET 1. P & w w v UTILITIES AND EASEMENTS OTHER THAN o I-- Q 9 THOSE SHOWN MAY EXIST. CO O ,_ Q N d 2 U TMP 78-58G Qi6 z (xwza CATHERINE R. WYNNE V o o w Z ° LEGAL REFERENCE: D.B. 816 P.241 D.B. 116 P. 470 ' M� PGRES \ ) z F- Q ►�- ` cn w I / 4g0 rW�L�O ~ pzZm / 0 \_01 o Q 2 2 o m THIS PLAT WAS PREPARED FOR: / Q0\-- 3 B & B PARTNERSHIP / W A VIRGINIA GENERAL PARTNERSHIP F -C\0 rn / / •o �; 4VNOP N :f) h 0 SETBACKS: ' 6, 00NGRE�\NG uGi\ON co '� 10' FRONT PARKING SETBACK . In 0 NEW By cONSIR o DPP 30' FRONT BUILDING SETBACK ;: N t CO TMP 78-5A o j CATHERINE R. WYNNE %. D.B. 261 P. 483 ' 55.51 EXISTING 1 STORY BRICK BUILDING PLAT SHOWING �4�p.L'TH OF yr 54.91 WITH BASEMENT • PHYSICAL SURVEY OF �4° �0x -NGE P' LOT 7 WILTON SUBDIVISION KUR4T M. 3(°a)sL , TMP 78-6 ..064 CONTAINING 7.480 ACRES 44' S R0_4- P c0,,1MONWEALIH °F vA LOCATED ON THE NORTH SIDE P OF U.S. ROUTE 250 ABOUT N�E\- 03.22 9P.565 SEMEN 0 g.132P•14= � � _ 0.30 MILES EAST OF THE _P:7u. RIVANNA RIVER !-Fp GLOECKNER ENGINEERING\SURVEYING INC. \ 3 A L B E M A R L E COUNTY, VIRGINIA ENGINEERS - SURVEYORS - LAND PLANNERS :P� " 710 EAST HIGH STREET N g6':.,,:co, 0'06 R 25 E NOVEMBER 2 2, 1995 CHARLOTTESWT.T.T+, VIRGINIA 22902 U.S. 11E5�uOL' P 9307803B