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HomeMy WebLinkAboutVA199700012 Review Comments 1997-09-02 STAFF PERSON: Amelia McCulley PUBLIC HEARING: September 2, 1997 STAFF REPORT VA 97-12 OWNER/APPLICANT: Albemarle County Service Authority Woodbrook Pump Station TAX MAP/PARCEL: 45/111 ZONING: HC, Highway Commercial ACREAGE: 6.63 acres. Proposed take area is 6,400 sq ft. LOCATION: On the east side of Rt. 29 North, approximately 1300 feet north of its intersection with Woodbrook Drive. REQUEST: The applicant proposes to construct a replacement wastewater pump station and requests a variance to reduce the setback from 50 feet to 20 feet, adjacent to residential zoning. The station will be located on commercial property(HC)which is adjacent to property zoned R2, residential. Background The existing wastewater station is antiquated. There is no vehicular access; therefore, it is necessary to backpack and hike to it. It is located on residential property about 50 feet away from the nearest residence. There is an audible alarm which alerts neighbors, who notify the Service Authority, that they need to service the station. The proposed station will be more reliable and has features such as redundancy and overflow protection, and the like. At the proposed location, the station will be about 240 feet from the nearest residence. The proposed location also eliminates an elevated crossing. They will utilize an existing curb cut on Rt. 29 with an access easement through the First Gold Leaf Land Trust property. Page 2 September 2, 1997 VA 97-12 ACSA Woodbrook Replacement Station The applicant's justification includes the following: HARDSHIP There are several constraints to use of this property. They include the following: The topography is difficult. Additional grading will be necessary to move the station to meet the required setback. The wet well would be a depth of 26 feet instead of 20 feet. The road serving the station would have to be realigned. The shift would necessitate a larger area of"take" and potentially would require obtaining grading easements. The area of take has been minimized at 80 feet by 80 feet. In order to meet the setback, it would be increased to 110 feet by 80 feet, an additional 2,400 square feet. UNIQUENESS This situation is unique in several respects: it serves an essential public purpose and it is a situation of improvement. The station would be allowed at this setback on residential land (and be closer to other residences). IMPACT ON THE CHARACTER OF THE NEIGHBORHOOD Construction of the new station will enhance the adjoining residential property by eliminating a station prone to problems. It will also provide public service to undeveloped property within the basin. RELEVANT HISTORY: It appears that the existing station predates zoning. This proposed construction is shown on a site plan which is now pending resolution of the setback issue. STAFF COMMENT: Modern technology has improved and actually eliminated many nuisance (odor, noise, etc.) associations with public facilities and uses such as this. Completing a project at the lowest cost to do the job properly is a responsibility to the public. Additional grading, more roadwork, further Page 3 September 2, 1997 VA 97-12 ACSA Woodbrook Replacement Station easement area and a larger"take" will require more expenditure on this project. These costs necessarily are passed on to the users, the public. The fact that this is a public project, in staff's opinion, allows some consideration of the economic hardship. Setbacks such as between residential and nonresidential uses, are created to protect residential uses. A 20 foot undisturbed buffer of vegetation will be maintained and supplemented, if necessary. In this particular case, the proposed construction is a great improvement over existing conditions with an old, antiquated station which is not as reliable. In this circumstance, the station will actually be separated from the closest residence by 240 feet, more than 4 times the minimum amount. The Service Authority has written letters to neighbors to inform them of their plans. This replacement project is a needed improvement. The question for the Board is whether the new station should be located as shown or should be made to move back from the adjoining residential property 30 feet so as to meet the setback. Staff is not able to determine that the setback requirement is an undue hardship. However, this application does meet criteria number 2 and 3. 1 The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. The economic hardship has been shown. Under staff's discretion, this alone does not justify an undue hardship. However, the final criteria are met fully: 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 use is unique. Staff is not aware of other similar cases in the same vicinity or in this same situation for a replacement station with respect to zoning districts (commercial adjacent to residential). 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. The antiquated station exists and will be replaced by an improved station. The character of the district should not be negatively impacted by that change; to the contrary, it should be improved. The applicant has informed neighbors and provided them an opportunity to voice concerns. Page 4 September 2, 1997 VA 97-12 ACSA Woodbrook Replacement Station Should the Board find cause for approval, staff recommends the following conditions: 1. This approval is limited to the current proposal and does not include future additions. 2. Planning staff and Zoning staff approval of the buffer area adjacent to the residential zoning. general share/bldg&zon/amelia/va97-12