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HomeMy WebLinkAboutVA199700011 Review Comments 1997-08-05 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: August 5, 1997 STAFF REPORT VA-97-11 OWNER: Daniel D. Shifflett APPLICANT: Frederick L. Shifflett TAX MAP/PARCEL: 55/103C ZONING: HC, Highway Commercial and EC, Entrance Corridor ACREAGE: 10,816 square feet LOCATION: North side of Rt. 250 approximately 0.7 of a mile east of its intersection with Interstate 64, at Crozet REQUEST: The applicant seeks relief from Section 21.7.1, which states, "No portion of any structure, except signs, shall be erected closer than thirty feet to any public street right-of-way" and Section 21.7.2, which states, "... No portion of any structure excluding signs shall be located closer than 50 feet to any residential or rural areas district." In order to construct one gas pump canopy, a variance of 26 feet is requested to decrease the front yard setback from 30 to 4 feet, a variance of 16 feet is requested to reduce the west side yard from 50 to 34 feet and a variance of 28 feet is requested to reduce the east side yard from 50 to 22 feet. The applicant's justification (which came partly from a telephone conversation, rather than the application) includes the following: In order to look and be competitive, we need to install the canopy. It will enhance the appearance of the store and offer shelter during inclement weather to our customers, many of whom are elderly. Without the canopy, tourists as well as regular customers, will buy their fuel at a competitor's pumps if they offer shelter and our business doesn't. Where would you purchase your gas during a pouring rain, under shelter or exposed to the weather? We have included pictures of three other convenience stores in Albemarle County that have similar canopies: Shadwell Store, Rock Store, and the Rio Superette. We have included a letter from the property owners closest to the store, supporting the canopy. Also, we have a petition signed by 480 customers, in favor of the canopy. The canopy, if approved, will only be 14' by 36' and will not be noticeable enough to be a detriment or change the character of the district. It will be a needed convenience for everyone patronizing the store. ' STAFF REPORT - VA-97-11 Page 2 RELEVANT HISTORY: This site was developed in 1960 prior to our first zoning ordinance in Albemarle County. There was a variance, VA 80-46, approved to allow the repair and addition of a 4-foot roof overhang to be added to the store. STAFF COMMENT: The applicant's justification does not fully address the Ordinance criteria. The Ordinance allows the Board to grant a variance if, "by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property..." This parcel is a very small, nonconforming one. Being only 104 feet wide at the front and 95 feet wide at the rear, no building could be constructed because the two 50-foot commercial side yards required from a property zoned RA would meet in the middle of the parcel. In that example, if a variance were requested for the first structure, the applicant would meet the hardship criteria. However, in this application when the building is already there, reasonable use already exists. The addition of the canopy, however helpful, attractive and protective of the customers, is not essential and would be a convenience for this applicant. There is no hardship involved when reasonable use of the land exists. The site is being used as a gas station/convenience store and can still be used as such. This is not the first request we have had for the addition of gas pump canopies. Many older gas stations seem to meet our front setback, but only rarely do the pump islands and therefore, the canopies. Although several variances have been granted for retrofitting canopies on older sites to allow them to modernize and meet the gas companies' current standards, each variance is to be reviewed on its own merits and not to set precedence for future requests. At this site, the owner has informed staff that the underground tanks are to be replaced in the same location where they currently exist, but the pump islands are planned to move farther from the building. This will improve internal circulation. Right now, it is difficult to maneuver a large vehicle of any type into the aisle between the front door and the pump island. Therefore, stacking is a problem. The character of the district may actually be improved by this change and by the addition of the canopy. STAFF REPORT - VA-97-11 Page 3 STAFF RECOMMENDATION: Staff agrees that the applicant has provided evidence that approval of the variance to allow the canopy would not be detrimental to the adjacent properties and will not change the character of the district. The Architectural Review Board will also review any site plan and signage proposed on this site. Their review will insure that the development is aesthetically pleasing. However, staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; Staff opinion is that the strict application of the terms of this ordinance does 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; All properties in the same area and the same zoning district have to meet the same setbacks. Should the Board find cause to approve this request, staff recommends the following condition: 1. Any future construction (after this canopy) shall comply with the setbacks or shall require amendment of this variance. 2. A Certificate of Appropriateness from the ARB is required for the canopy design and any proposed lighting of such. 3. If no site plan is required, then a sketch plan must be reviewed and approved in conjunction with the building permit by Building Code and Zoning Services staff with approval from County Engineering staff to insure safe and convenient internal circulation.