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HomeMy WebLinkAboutVA199700004 Plan - Approved 1997-06-03 off A1.11 ta—.1111 Mir- o 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 June 5, 1997 Anne Gibson Mark, A.I.A. 2123 Ivy Road, Suite 204 Charlottesville, VA 22903 RE: Board of Zoning Appeals Action Variance Application, VA-97-04 Tax Map 061K, Parcel 09-1 Dear Ms. Mark. This letter is to inform you that your variance application, VA-97-04, was heard during the public hearing by the Albemarle County Board of Zoning Appeals on Tuesday, June 3, 1997. The Board unanimously (5:0) approved the request as requested. This variance approval granted relief from Section 21.7.2 of the Albemarle County Zoning Ordinance to allow an amendment to VA-96-10 to correct the side setbacks (which were both varied from 50 feet to 35 feet) to reflect a new survey. The new request will vary the north side setback to only 40 feet and extend the south side to 20 feet. If you Shave any questions, please feel free to contact our office. Sincerely, Jan Sprinkle Zoning Assistant cc: File Dr. Raymond C. Doss VA974.APP STAFF PERSON: Jan Sprinkle PUBLIC HEARING: June 3, 1997 STAFF REPORT VA-97-04 OWNER/APPLICANT: Dr. Raymond C. Doss, T/A Hydraulic Road Animal Hospital TAX MAP/PARCEL: 61 K/09-01 ZONING: HC, Highway Commercial ACREAGE: 0.913 acres LOCATION: The west side of Hydraulic Road about 300 feet south of Inglewood Drive REQUEST: The applicant seeks relief from Section 21.7.2, which states (among other things), "No portion of any structure, excluding signs, shall be located closer than fifty feet to any residential or rural areas district." The applicant would like to enclose the existing dog kennels and runs and to expand the building housing his veterinary business. Last August this same issue was discussed and Variance 96-10 was approved on this property for the same purpose. That variance was thought to "cure" the problem by reducing the setbacks from 50 to 35 feet on both the northern and southern property lines thereby allowing the existing dog runs to be enclosed and the building expanded on the front and both sides. Since that time the applicant has had a new survey done which shows that the dimensions used in the prior variance were incorrect. This variance then is for the same previously requested enclosure and expansion, but depicting the distance to the property lines more accurately. The new survey shows that the building is further to the south than previously depicted but still skewed on the property. This request will allow an increase in the setback from 35 to 40 feet on the northern property line but needs an additional reduction from 35 to 20 feet on the southern property line. The applicant's justification includes the following: Hardship To expand along the required building setback lines causes the architecture to produce oblique angles which are difficult to build, inefficient, and without reason with respect to the existing building. Uniqueness of Hardship Adjacent properties are not zoned HC, Highway Commercial, and therefore, do not have the same requirements. Impact on the Character of the Neighborhood The setback variance will not cause detriment to the adjacent property and will allow the expansion to be more efficient and aesthetically pleasing. STAFF REPORT - VA-97-04 Page 2 RELEVANT HISTORY: On April 17, 1984, VA-84-24 was approved allowing an existing sign to be located 1 foot from the right-of-way of Rt. 743. On August 7, 1996, VA-96-10 was granted to decrease the parking required from 22 to 16 spaces and to decrease the side setbacks from 50 to as much 35 feet in specific areas. On September 11, 1996, SP96-28 was approved for the veterinary office and hospital. RECOMMENDATION: Since VA-96-10 was granted, the owner has received approval of a special use permit (SP-96-28) which will bring the use into conformity if he can perfect the SP. The conditions of the SP are that, (1) no outdoor dog runs are permitted, and, (2) the existing runs must be enclosed prior to any expansion of the building. Therefore, the issues are the same for this variance as the last, but if this one is not granted, the special use permit will be lost since Dr. Doss cannot enclose the existing runs without it. Enclosing the dog kennels and runs is an effort to be a good neighbor and to muffle the sound of the barking dogs. (The zoning department has had a few complaints from the adjoining apartment residents and Dr. Doss has had even more.) The structure is also a legal non-conformity due to its extension into the setbacks. Because the survey and distances used in the prior variance report were incorrect, the structure is still not conforming. Bringing this structure into conformity by variance will accomplish two things. First, it will alleviate the time restriction for rebuilding any areas that extend into the building setbacks if the structure were to be damaged or destroyed. (Section 6.6.1 allows reconstruction only if commenced within one year and completed within 2 years of the date of the damage.) Second, the owner would have more latitude for building design and be able to extend the current walls in a rectilinear manner rather than adding odd angles to make the addition fit within the setbacks. The other code issues that are favorable for granting the variance are summarized here: - property acquired in good faith by the current owner; - property is odd shaped in its oblique frontage on Hydraulic Road; - building is sited to align with the road causing the corners to protrude into the setbacks; - residential use and zoning exist on all but 140± of the boundaries of the adjoining properties; - the residential to commercial zoning imposes a 50-foot building setback on the commercial structure even though the commercial structure and use predate both zoning and the adjoining apartment buildings. For these reasons, staff finds that the strict application of the ordinance in regard to the setbacks produces undue hardship as allowed by the Code of Virginia. STAFF REPORT - VA-97-04 Page 3 Staff recommends approval: 1) The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; The oblique shape coupled with the existing structure's siting and the surrounding residential development create an undue hardship. 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; No other properties in the vicinity and same zoning district have this combination of odd- shape and existing development. 3) The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and has provided evidence that the character of the district will not be changed by the granting of the variance. The areas of the building that will protrude into the setbacks should be of no detriment to adjacent properties and in fact may be more aesthetically pleasing than the odd angled structure that could be built without the variance. The sound absorption of the enclosed runs will greatly aid the residential neighbors in their desire for peace and quiet. �of,u•�,� 41kote/-- imcnv- COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 September 18, 1996 Anne Gibson Mark 2123 Ivy Road Charlottesville, VA 22903 RE: SP-96-28 Hydraulic Road Animal Hospital Tax Map 61K, Block 9, Parcel 1 Dear Ms. Mark: The Albemarle County Board of Supervisors, at its meeting on Septemer 11, 1996, approved the above-noted request to expand the existing animal hospital located on 0.9 acres zoned Highway Commercial. Please note that this approval is subject to the following conditions: 1. No outdoor runs shall be permitted. All existing outdoor runs shall be enclosed prior to the issuance of a certificate of occupancy for any expansion of the existing building. 2. Development of the site shall be in general accord with a site plan titled "Hydraulic Road Animal Hospital" initialed WDF 8/8/96. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of • construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. Ile , ""fir' \/K3ir� COUNTY OF ALBEMARLE Department of Zoning, Room 223 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4035 TDD (804) 972-4012 August 7, 1996 Anne Gibson Mark, AIA 2123 Ivy Road Charlottesville, VA 22903 RE: Board of Zoning Appeals Action VA-96-10, Tax Map 061K, Parcel 01-9 T/A Hydraulic Road Animal Hospital Dear Ms. Mark: This letter is to inform you that on August 7, 1996, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously (4:0) approved your request for VA-96-10 with the following conditions: 1) The approval is valid only with approval of a related special use permit for a veterinary use, and any expansion of this use shall require an amendment to the variance. 2) The applicant will provide a minimum of 16 parking spaces and that there shall be no parking outside of the designated parking area shown on the approved site plan in conjunction with this project. This variance allows relief from Section 21.7 and 4.12.6 6.2 of the Albemarle County Zoning Ordinance to allow a reduction in the number of parking spaces from 22 to 16 and decrease the side setback from 50 feet to as much as 35 feet in specific areas. If you have any questions, please contact our office. Sincerely, t Jan Sprinkle Zoning Assistant st/ cc: VA-96-10 Dr. Raymond C. Doss i.\general\share\zoning\sharon\va9610 Itr IVYIILL- leo- 6,t, a V� 7- / - x/( : Z- 3 1360 3 "03 X3 7' 2-3 I I -- S .i, loef 4� 4--J 11 711- N.,03 - JJJ 777:7-< S CZ C E- A/ I C, t zy 7-6 re Fl#-/O 4r) c tT AC _ MAY 6W ALBEMARLE COUNTY Ric • s;, ;. ' To ,,,0w4rY or • Q,� !••' �1. I � .,,�'� � S _� 6j i - CL 61 -SOO yj✓ tt _ i / °�•.` p�: j �, I �' • ti'� 1 \, ,,..d �� i o , ra , I f { N1fDP/,0 I s!P TI &eriskre :4tse[. a «_ \ A 5 F G Tr4,?�/G /NyL Wt���L Q,+ a-Z 373-e9(no( _ 4 20 A� A i X 9 `` 4. 110 44 SOT + r f'�r``)rl '� a t Q� 0 - ;r. / ', ► ' 10 O f? 0I LD11 3 ,�,%T6AG� t 0I ` , _ _- _ ,. -� 30 y, ` 1 4- ' t 1 I Zo -- i e,71 i i' Oj I r t i j` �, -"-""....• � '; } ,f� -*Y 1,; ,t'.� � Tom____.---' � � � , .'` i N , -`t-- i _� i 1 ° - Z � • � Q tic/ i � 7' 0 '�.. ` � � �o T 2 i3 P rk shire. ,4ssoc, 34 wt ar A4 4 r 5.qoW/A1c /I /<C E o m \lrY or j"W 'j0M r4,/ A/ U /C c�A h 0 Mv OtlJr ' >rli✓r'C r 7— 1 AP .z i z D; M V ' a ;t 4. Q� t• COUOF ALBF.IKnRT.F / / R�. ' NTY DEPARTMENT OF ENGINEERING o� GENERAL CONSTRUCTION NOTES FOR SITE PLANS / R ����� � Paris) A' Revised: March 1, 1992 ��61t?>��G P • oyo �.ti 1. Prior to commencement of any construction within any existing o° Mosbacher - AG Co. ^ public right-of-way, including connection to any existing D a 467-308D 8 447-3291pbq road, a permit for said construction shall be obtained from @ T.M, wl 9-9-IA the. Virginia Department of Transportation (hereafter abbreviated V.D.O.T.). 2. All paving and drainage related materials and construction Lot I methods shall conform to current specifications andd standards of V,D.O.T. unless otherwise noted. Parcel "X•' 0.913 Acres fi I Erosion and siltation control measures shall be provided in Berkshire 411-197assocs a ; � Parcel "C" accordance with the approved erosion control plan and shall 0 8 373 Moat) n be installed prior to any clearing, grading or other TM. 4,1 K-9-4 0 a 441 91 ; Inglewood square Limiter 0 8 4p}-}34(pl°r) O D 8 479 578 construction_ T.M• !ol K- 9-i D a ,79.SBolpwtj -R RAYM&40 G• Do55 T•M. LI K- �- I B 4. All slopes and disturbed areas are to be fertilized, seeded and mulched. Maximum allowable fill -or cut slope is 2:1. Where reasonably obtainable lesser slopes of. 4:1 or better Z are to be achieved. 5. All drainage inlets shall have a'2-inch local depression. Ji r+u°. 26-00 w 137.02 5 6. Paved, rip -rap or stabilization mat lined ditch may be required when in the opinion of the Albemarle County Director - of Engineering, or his designee, it is deemed necessary in order to stabilize a drainage channel_ R_ Lot z Berkshire Assocs h8 Oak Terrace" 7. All traffic control signs shall conform with the Virginia _ sr� D II 363.99(pto1) C 0.0 403a3 Q �0�I Manual for Uniform Traffic Control Devices, latest edition. B.. 3.33.Ipat1 k, 4; 8. Unless otherwise noted all concrete pipeshall be reinforced r_ concrete pipe - Class III. _W - 9. All excavation for underground pipe installation must comply j i 0 :y with OSHA Standards for the Construction Industry (29 CFR callNlpl:T F►�.: '��� } , Part 1926) . '' �•.•,� 0. LF In addition to the above notes, the following statement must be 111. 1 ;'r included on all site plans which require V.D.O.T. approval. The ; d ..,e statement must be signed by the developer of the property prior to �• � ,r I ,�� a O�� " . tentative site plan approval. 9 We the undersigned developer (s) understand that approval of this plan by the County of Albemarle does not necessarily indicate Virginia Department of Transportation (VDOT) 4w approval of the plan. Approval of the plan by the County u ...... , .« �w �•¢ does not in any way- relieve me of my responsibility in obtaining final VDOT approval prior to the issuance of } building permits and/or certificates of occupancy. DEVELOPER DATE Y/0U.� I ll< - d NAME OF DEVELOPMENT:HYDRAULIC ROAD ANIMAL HOSPITAL j J OWNER: DR. RAYMOND C. DOSS PLAN PREPARED BY: ANNE GIBSON MARK, AIA ,i �, 7-, s''1!^,' %�-/! C , US," ✓ r-�.� j JOHNSON, CRAVEN & GIBSON TAX MAP & PARCEL td0. TAX MAP 61-K, PARCEL 9-1 ZONING: HIGHWAY COMMERCIAL MAGISTERIAL DISTRICT: JACK JOUETT DISTRICT i, COUNTY & STATE: ALBEMARLE COUNTY, VIRGINIA BENCH MARK: TOP OF WATER METER (noted on drawing) i SOURCE OF TOPOGRAPHY: JOHNSON, CRAVEN & GIBBON ,\ # SOURCE OF SURVEY: THOMAS D. BLUE (3-4-77) CIVIL ENGINEER & LAND SURVEYOR MAXIMUM NO. OF EMPLOYEES: FIVE MAXIMUM HEIGHT: 24'-0" PARKING: MAXIMUM REQUIREMENT 22 ['4S!�[�'!�'1. }4& PARK 7C2Y'jCl."•9r'1"1C... y t j , ' /!:" r'c r'�'~.fa �l%'� �� ff � Q/C: /'4./T/�,�f,S-.!.� .�.T t� UYi �/< ./�Y,�' �„ 4.7 p�"��!• r " . a r . <F.!rc1�? G JOHNSON, CRAVEN & GIBSON, ARCHITECTS L _ G t CHARLOTTESVILLE VIRGINIA MEMBERS A.I.A.INCORPORATES? COMM. NO. DATE SCALE REVISION DIWG. NO. {,.3 `'L t, 4Zr N / -,fie © 4 f ,`:97 NOTE: THE CONTRACTOR SHALL CHECK ALL DIMENSIONS AT THE BUILDING. i, I HE SMALL REPORT ALL INCONSISTENCIES TO THE ARCHITECT. r