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Home My WebLink AboutVA199800005 Court Case 1998-06-25 JILL STOLZ and CASE NO.CL98-7417 OTTO G. STOLZ v. BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY,VIRGINIA and INTERNATIONAL COLD STORAGE COMPANY,INC. OF AG94`Lr • U' yby RGIN LARRY W.DAVIS COUNTY OF ALBEMARLE MARK A.TRANK COUNTY ATTORNEY DEPUTY COUNTY ATTORNEY Office of County Attorney 401 McIntire Road GREG KAMPTNER PHONE(804)972 4067 KIMBERLY E.WOLOD FAX(804)972-4068 Charlottesville,Virginia 22902-4596 ASSISTANT COUNTY ATTORNEYS June 25, 1998 Hand-Delivered The Honorable Shelby J. Marshall, Clerk Albemarle County Circuit Court 501 East Jefferson Street Charlottesville, Virginia 22902 Re: Jill Stolz and Otto G. Stolz v. Board of Zoning Appeals of Albemarle County, Virginia and International Cold Storage Company, Inc. Dear Ms. Marshall: Please find enclosed the Albemarle County Board of Zoning Appeals' Return with attachments in response to the Writ of Certiorari in the above-referenced matter. Very truly yours, jk(2-t Greg Kamptner Assistant County Attorney GIVmd Enclosure cc: Janice D. Sprinkle, Chief of Zoning Administration VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE JILL V. STOLZ ) and ) OTTO G. STOLZ, ) Petitioners, ) ) v. ) Case No. CL98-7417 ) BOARD OF ZONING APPEALS OF ) ALBEMARLE COUNTY, VIRGINIA ) ) and ) INTERNATIONAL COLD STORAGE ) COMPANY, INC., ) Defendants. ) RETURN Defendant, the Board of Zoning Appeals of Albemarle County, Virginia ("Board of Zoning Appeals"), by counsel, makes its return to the Writ of Certiorari. Certified copies of the documents submitted to the Board of Zoning Appeals on April 7, 1998, for its consideration of International Cold Storage Company, Inc.'s application for a variance (VA-98-05), a verbatim transcript of the Board of Zoning Appeals' hearing on that date, and the notice of the decision of the Board of Zoning Appeals dated April 8, 1998, are attached hereto and made a part hereof. Respectfully Submitted, BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY By Counsel ,I Lar/ a Ds SB #19094 Gre• I ptner, SB #33788 ALBEMARLE COUNTY ATTORNEY'S OFFICE 401 McIntire Road Charlottesville, Virginia 22902 2 ti VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE JILL V. STOLZ ) and ) OTTO G. STOLZ, ) Petitioners, ) v. ) Case No. CL98-7417 BOARD OF ZONING APPEALS OF ) ALBEMARLE COUNTY, VIRGINIA ) and ) INTERNATIONAL COLD STORAGE ) COMPANY, INC., ) Defendants. ) CERTIFICATE OF MAILING I hereby certify that a true copy of the Albemarle County Board of Zoning Appeals' Return to the Writ of Certiorari, along with attachments, was mailed to John V. Little, Esquire, counsel for Petitioners, at Michie, Hamlett, Lowry, Rasmussen &Tweel, 500 Court Square, Suite 300, PO Box 298, Charlottesville, VA 22902-0298, and to Richard E. Carter, Esquire, counsel for International Cold Storage Company, Inc., at Taylor, Zunka, Milnor &Carter, Ltd., 414 Park Street, PO Box 1567, Charlottesville, VA 22902, on the 25th day of June, 1998. BOARD OF ZONING APPEALS OF ALBEMARLE COUNTY By Counsel 1111 JUN 2 91998 I 'UILDItdG CODE&ZON::!G SU"'ri La . Datvis,VVSB #19094 Greg I ptner, VSB #33788 ALBEMARLE COUNTY ATTORNEY'S OFFICE 401 McIntire Road Charlottesville, Virginia 22902 Certificate of Service I hereby certify that a true copy of the foregoing Notice of Mailing was mailed to John V. Little, Esquire, counsel for Petitioners, at Michie, Hamlett, Lowry, Rasmussen &Tweel, 500 Court Square, Suite 300, PO Box 298, Charlottesville, VA 22902-0298, and to Richard E. Carter, Esquire, counsel for International Cold Storage Company, Inc., at Taylor, Zunka, Milnor &Carter, Ltd., 414 Park Street, PO Box 1567, Charlottesville, VA 22902, on this 26th day of June, 1998. Gr I / p er Atik oC4-7-® 4VINF/7 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 25 , 1998 Albemarle County Circuit Court ATTN: Shelby Marshall , Circuit Court Clerk Court Square Charlottesville, VA 22901 RE: Verbatim Transcript VA-98-05, International Cold Storage Dear Mrs . Marshall : Submitted herewith are the documents submitted to the Board of Zoning Appeals by the Zoning Administrator on April 7, 1998 for VA-98-05 for International Cold Storage. Please find attached a copy of the verbatim transcript from the meeting prepared by Sharon Taylor, Clerk of the Board of Zoning Appeals . An index of the documents is enclosed for your convenience . Respectfully, cut-fiLD, c4c.y.z:4;jtf2__ Janice D. Sprinkle Chief of Zoning Administration AGM/st cc : VA-98-05 Enclosures 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 25, 1998 Albemarle County Circuit Court ATTN: Shelby Marshall , Circuit Court Clerk Court Square Charlottesville, VA 22901 RE: Verbatim Transcript VA-98-05 International Cold Storage Tax Map 109, Parcel 33 Dear Mrs . Marshall : This is to certify that the attached documents are true and correct copies of the verbatim transcript and all documents submitted to the Board of Zoning Appeals on April 7, 1998 for International Cold Storage for VA-98-05 . Respectfully, 6ketrunt . Jaiathi Sharon C. Taylor Clerk of Board of Zoning Appeals cc : File r , COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire 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 25, 1998 Albemarle County Circuit Court ATTN: Shelby Marshall, Circuit Court Clerk Court Square Charlottesville, VA 22901 RE: Verbatim Transcript VA-98-05, International Cold Storage Dear Mrs . Marshall : This is to certify that the attached documents are true and correct copies of the variance application for VA-98-05 for International Cold Storage submitted to the Board of Zoning Appeals on April 7, 1998 . Respectfully, Sharon C. Taylor Clerk of Board of Zoning Appeals cc : File Index of documents submitted to the Board of Zoning Appeals on April 7, 1998 for International Cold Storage, VA-98-05 . 1 . Deed 637, page 272 dated November 1, 1977 by and between Durand-Wayland, Inc . And International Cold Storage Company, Inc . 2 . Deed 199, page 35 Deed description with plat of 3 . 5 acres . 3 Deed 213 , page 558 Deed description done in July 1931 . 4 . Physical Survey of Tax Map 109, Parcel 33 done by Roudabush, Gale and Associates dated March 2 , 1998 . 5 . Deed Book 448, Page 626, Plat showing a survey of parcels 33 , 34 , 34A & 34B on tax map 109 recorded in Clerk' s Office September 24 , 1968 . 6 . History Index Card 7 . Adjacent owners list - Query on file CISPLAN by STAYLOR dated 3/11/98 8 . Letter dated March 19, 1998 addressed to the adjacent Property owners from Jan D. Sprinkle . 9 . Affidavit dated March 19, 1998 by Ileen V. Snow certifying that all adjacent owners were mailed a letter. 10 . Letter dated March 19, 1998 to International Cold Storage from Jan D. Sprinkle notifying about the public hearing. 11 . Legal Ad that ran in Daily Progress on March 23rd & 30th 12 . Tax Map 109 (8 %" X 11" ) 13 . Tax Map 109 (large display map) 14 . Physical survey dated November 4 , 1977 by William S . Roudabush, Inc . 15 . Variance Application, VA-98-05 for International Cold Storage 16 . Staff Report for April 7, 1998 prepared by Jan Sprinkle Index of documents submitted to the Board of Zoning Appeals on April 7, 1998 for International Cold Storage, VA-98-05 . Page 2 17 . Letter and reduced aerial photo dated April 23 , 1998 to Board of Zoning Appeals from John V. Little, Attorney 18 . Letter dated April 29, 1998 to Michie, Hamlett, Lowry, Rasmussen & Twell, P.C. from Jan D. Sprinkle concerning rehearing request date of May 5, 1998 . 19 . Memorandum dated April 30, 1998 to Members of Board of Zoning Appeals from Jan Sprinkle in reference to the rehearing request for VA-98-05 . 20 . Letter dated May 8 , 1998 to Michie, Hamlett, Lowry, Rasmussen & Twell, P.C. from Janice D. Sprinkle regarding the action taken by the BZA on May 5, 1998 to deny request for a rehearing. 21 . Photograph 22 . Agenda for April 7, 1998 Board of Zoning Appeals Meeting VA-98-05 International Cold Storage Verbatim Transcript April7, 1998 Meeting of Albemarle County Board of Zoning Appeals DATE: April 7, 1998 LOCATION: Meeting Room #241 , Second Floor County Office Building 401 McIntire Road Charlottesville, Virginia BOARD MEMBERS: David Bass William Rennolds George Bailey, Secretary Richard Cogan, Vice-Chairman Max C. Kennedy, Chairman DEPUTY COUNTY ATTORNEY: Greg Kamptner STAFF MEMBERS: Amelia McCulley, Zoning Administrator Jan Sprinkle, Chief of Zoning Administration Jan Sprinkle: Variance 98-05 for International Cold Storage. This is tax map 109, parcel 33. Here is downtown Covesville [pointing to display map], and we are up a little to the northwest. The applicant requests relief from Sections 26.10.2 and 26.10.3, which state in part: Adjacent to residential districts: For the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located closer than one hundred (100) feet to any rural areas or residential district and no off-street parking shall be located closer than thirty (30) feet to any rural areas or residential district. 26.10.3 also adds the buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. That is the site plan section. A variance is requested to allow the existing building to remain a minimum of 17.25 feet and a maximum of 98.66 feet from the eastern most property line as shown by the physical survey done by Roudabush. Here you can see. You probably can't see, but they did have the dimensions on here at this corner this property is zoned rural areas. And at this corner at 17.25. At this corner it is 98.66. On this side line over here we've got an in-between dimension of 24.99. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 1 Mr. Bailey: Is that an addition going on? Ms. Sprinkle: They eventually want to do an addition. That is what brought them before us and that will be explained. The parking needs a maximum variance of 20 feet to allow the continuation of parking 10 feet from the southern property line, down in this area. The applicant wants the variance to allow the property to be rezoned to the HI zoning district that allows their basic use. The ultimate reason is to expand the existing building in a direction that will increase the distance from the rural areas zoning district to the 100 foot setback within a few feet of length. What I mean is that they are going to start here at this corner and extend back this way, and since this property line cuts away from the building or vice-versa they may start at 99 feet. But within a few feet they will have met the 100 foot setback. The parking will not be increased and therefore the variance is only needed for what is existing. No additional buffering or screening from the Rural Areas properties will be required for the existing building. The history of this property: It was zoned originally A-1 , Agricultural in 1969. ZMP-69-64 granted what was then the M1, Industrial zone to Wayland Machinery Co. In 1975, International Cold Storage had a site plan approved to add to the then existing building. They then bought the property in 1977. And during our 1980 overall zoning ordinance change the property was reclassified to LI, Light Industrial. This property was acquired in good faith by International Cold Storage in November of 1977. They believed that their use was a conforming use in the M1 district. The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. There are neither exceptional size nor shape restrictions nor topographic features that unreasonably restrict the use of the property. The current desire of the owner to enclose an area where work is routinely performed outdoors has brought to our attention the fact that their use is allowed only in the HI, Heavy Industrial zoning district. Then in applying for that rezoning to accommodate their building expansion, it was discovered that the existing facilities don't meet the yard requirements for that district. Thus, ICS has requested this variance. The building addition will not be any closer to the surrounding properties nor will there be any expansion of manpower or parking needs. Without the variance, the Board of Supervisors will not approve the rezoning due to their prohibition of creating nonconforming lots or structures. The strict application of the zoning ordinance does not effectively prohibit the use of the property, but it definitely restricts the use. Staff finds that for the following reasons, this restriction is unreasonable and therefore meets the hardship criteria. The condition of such piece of property is that these buildings have been the same size and shape since before our ordinance. It is only the zoning district that has changed and will have to change again to allow the desired expansion. An extraordinary situation exists in that the county's 1980 acknowledgment of the industrial use. When they zoned the property to LI, rather than a nonconforming Rural Areas, like everything else surrounding it, they Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 2 indicated that they intended to make it a conforming use. Staff believes that this was an oversight in the process whereby the individual uses were not examined on a parcel-by-parcel basis. Rather the M1 zoning district was simply converted to LI since they were both the light industrial zones. The applicant's justification and staff comment on necessary finding: Number One: Hardship The applicant comments that the variance is necessary because: - The property was purchased by ICS in 1977 with the existing buildings and parking. - The manufacturing business began in 1975 and has remained the same since the beginning. - The existing buildings are the integral infrastructure of this business. Staff previously identified the hardship as described under the Code of Virginia relating to the granting of a variance. Therefore, staff concludes: The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Finding Number Two: Uniqueness of Hardship The applicant notes: This is an isolated existing industrial zoned parcel surrounded by RA zoned parcels and there has, this has been used in a similar fashion by Wayland Machinery Co. since the 1930's. There is no other industrial zoning in the same vicinity. Even the apple-packing building in Covesville is zoned Rural Areas, as the apple business is agricultural and was allowed by right in that district. Therefore, the staff concludes: The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. For the Finding Number Three: Impact on the Character of the Area The applicant offers: - The adjoining properties have not changed character since the 1930's. - Granting the variance will allow ICS to add a building to enclose part of the work that has been exposed to the elements. - It will thereby reduce noise and visual impact to the neighboring parcels. - It will also give the employees a more controlled environment to work in. Staff agrees that allowing the variance to allow the rezoning will not change the character of the district. If anything, it should improve the character since more of the Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 3 refrigerator units will be kept inside making a better visual impact and reducing the noise level in the immediate area. No additional buffering is needed to separate the existing structures from the Rural Areas adjoining properties. Therefore, staff agrees: The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to the adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since all three variance criteria have been met, staff recommends approval for cause with the following conditions: 1. The variance is for the existing building, parking, and the proposed addition shown on a site plan submitted to the Department of Planning and Community Development on February 23, 1998 only. A further addition will require a separate variance application. 2. If ZMA 98-09 to HI is not approved, the variance will apply to the LI setbacks which are: 50 feet for structures and 30 feet for parking from RA zoned properties, and 50 feet for structures and 10 feet for parking from public road rights-of-way. This would make the existing building conform by granting a variance of 32.75 feet and the existing parking conform by granting a variance of 20 feet. Mr. Kennedy: Thank-you, Ms. Sprinkle. Is the applicant here? Ms. Sprinkle: Questions. Mr. Kennedy: Will you come forward to help us with this. Tell us the reason why this variance ought to be granted. Gifford Childs: O.K. Thank-you. My name is Gifford Childs. I am the Operations Manager for International Cold Storage. We manufacture walk-in coolers and freezers. We have been manufacturing there at that facility since 1975. It was, I guess you would consider it a commercial appliance. You know we have sheet metal operations. We process urethane foam. All of those kinds of things seem to be clearly covered under the HI classification. When we looked at the LI classification none of the things that we do were covered under that. So I am not sure what happened in 1980 when it, when our use was changed from M1 to LI, instead of M1 to HI. But what we really want to do is make an addition at the back part of our building which would meet all of the requirements. It is on an existing concrete pad so there is no additional water, run-off type of problems. Our employees are currently working outside. We operate two shifts. And we finish up our buildings outside in the elements. And we would like to provide a better work space for them. In addition we are very concerned with our neighbors. We live in the rural area around there. I live very close to that area myself. You know we're, we have this industrial use, but we are very concerned about preserving the rural nature of that area. And we feel like there would be very significant additional benefits Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 4 to the surrounding area in that there would be number one, less noise coming from the, from our operation and also less light, because the outside lights that work outdoors now at night might be spilling over. I believe that we meet the requirements for the lighting, but you know we would be able to eliminate that outdoor lighting by working inside. We, that was our intent was to do an addition. The need for the variance and the need for the zoning map amendment were all total surprises to us. Just, we probably would be a lot further down the road already, but we feel like it is really important to make sure that we have everything done correctly on our site plan before we make any, proceed with any of our plans, of course. We employ 81 employees at our plant mostly from Albemarle County and Nelson County. And we would like to continue doing business like we have been. Mr. Kennedy: Thank-you, Mr. Childs. Do we have anybody else here? Are there any questions for Mr. Childs? Do you have anybody else that wishes to speak for the application. (Inaudible) Mr. Childs: I guess not. Thank-you. Mr. Kennedy: Thank-you. Anybody here to speak against the application? Otto Stoltz: My name is Otto Stoltz. My wife and I own an abutting piece of property to this facility. As you heard, the whole reason that this issue is before you is in order to rezone this property from Light Industrial to Heavy Industrial. Ah, this is a technical requirement so that they can achieve that objective. Ah, in a letter to neighboring property owners, Mr. Childs stated that the Light Industrial classification, quote "does not include the products that we make or the manufacturing operations that we use." It is clear that the existing operations do not comply with the, the zoning on that parcel. What's of concern to me is that they are trying to use their operations, which don't comply with the zoning, as the justification for a variance from the zoning itself to expand the facility, to expand the operations which don't comply with the zoning for that parcel. Um, clearly for those of us that live in the area, this business is not the same business that it has been historically. It has, perhaps, the physical outlines of the building have remained the same, but the operations have increased dramatically. Ah, even just in the last ten years, there use to be one or two refrigeration boxes in the parking lot. Now the parking lot is solid with huge refrigeration boxes. There use to be a relatively small parking area. Now the parking area has dramatically increased. As you can tell from the very request to expand their building and that they are doing outdoor operations, ah, the operations at this facility have increased and the impact on the neighbors both from parking, which was one of the subjects of the variance as well as the use of the lot to store these big boxes, has increased very dramatically. One of the criteria that you have is that the operation would not have a detrimental effect on Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 5 adjacent property. As I indicated to you, this clearly would, because this variance that you have before you is simply a precondition to having heavy industrial zoning on this parcel. And that the expansion of the parcel—of the facility—would increase the non- conforming use of this facility. It seems to me that the answer that would eliminate all of the issues is to have this property comply with the zoning. They wouldn't be having operations outdoors, making noise, impacting on the neighbors and lights impacting on the neighbors if they were complying with the existing zoning. And it just seems to us that you shouldn't be able to use activities that violate the zoning as a justification for hardship to get a variance from the zoning. I mean it is a circuitous logic that would allow a variance for anything. On the more fundamental issue of the, that what we are really talking about here is rezoning this property for heavy industrial use. I think that you can see from the map that this property is located at one of the major entrances to Albemarle County and Charlottesville. The facility is clearly visible from Route 29 and it is not in keeping with the neighborhood. I mean that the neighborhood is an agricultural area and this facility, particularly now with the large parking lot, is clearly visible with the boxes stored outdoors. It is clearly visible and it is inconsistent with all of the things that, that we hear that the Planners and the zoning people are trying to achieve with respect to one of the major entrances to Charlottesville and Albemarle County. As I said, the second thing is that this heavy industrial use, which is really what we are talking about, is totally inconsistent with the area as was stated. It is the, ah, it is an agricultural area. It is a, you know, an area that doesn't have a heavy industrial use and in here you basically have an application that's here to going from a light industrial to a heavy industrial use. I would say that the third thing is that you see there is an interchange across right Route 29 there and as this facility has increased in the amount of parking and the amount of cars going into the facility have increased, that area has become, particularly during the time of shift changes, one that raises some real hazards in the area for neighbors trying to go up that road. So basically, in summary, I guess what I am saying is that the reasons you heard for the hardship, urn, are self-made reasons by the applicant by noncompliance with the zoning ordinance. And that clearly the uses, the alleged benefits to the neighbors of reducing noise, excuse me, and reducing the outdoor lights in the evening are an development that have been occasioned by the increased activity at the facility. And it is not an activity that goes back to 1975 or 1980. Ah, perhaps the physical structure does, but the level of activity today at that facility is dramatically different than it was in 1975 or 1980. And, urn you know, someone shouldn't be allowed to use their noncompliance with the law as justification for getting an exception from the law. Mr. Bailey: I have a question, sir. Mr. Stolz: Yes. Mr. Bailey: Did the applicant state that he was just going to put walls around the present concrete slab that is already there. Is that slab already there? Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 6 Mr. Stolz: Ah, I, I have not, you know I am aware of where their outside facilities are because you can kind of physically see it from the highway. Ah, they have a kind of enclosed, but you know I don't know whether or not there is a slab or not. I, I, I couldn't address that. Mr. Kennedy: Mr. Stolz, are you saying that they are not complying with the zoning ordinance at the present time. Mr. Stolz: Well, ah, Mr. Chairman I, I'll, I think essentially that was said earlier by the applicant, but I will approach you from the applicant's letter which I would be happy to give you a copy of that was sent to the neighbors. And it says "unfortunately this classification," namely the light industrial classification, "does not include the products that we make or the manufacturing operations we use." (Inaudible) Mr. Greg Kamptner: You are saying that right now their use is nonconforming. Mr. Stolz: Right. Mr. Bass: It says that you can manufacture, process, fabricate under LI. Could I have a staff, we are getting out of context here. Maybe I could hold my question. Excuse me. Mr. Stolz: I, I, as I understand it the whole reason, ah, and your staff director mentioned this to me when I was reviewing the file. I mean the whole reason we are here today is that this is a technical precondition to going, going in and getting the heavy industrial. So (inaudible) someone must have made the determination (inaudible). Mr. Cogan: I don't think that he would be going for a rezoning if he didn't have some kind of a problem with their operations as against what is in the zoning ordinance. Mr. Stolz: Right. I, I, you know. Mr. Bailey: Did you say that you sent a letter out to people in the community? Mr. Stolz: No, no I, I didn't. This is (inaudible). Mr. Bailey: Adjoining property owners. (Inaudible) Mr. Kennedy: The applicant sent the letter. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 7 Mr. Stolz: The applicant that I was quoting from. Those are not my words. Those were Mr. Child's words in a letter that he sent to the neighbors of this property. Mr. Kennedy: What is your tax parcel number? Do you know? Mr. Stolz: No. (Inaudible) It is the farm that lies directly behind that. Mr. Bass: To the north. Mr. Stolz: To the north of that. Yes. Mr. Kennedy: O.K. I guess it has got a stream through the middle of it. Mr. Stolz: Yes, exactly. Mr. Kennedy: O.K. That's a. Ms. Sprinkle: The property is actually numbered on the upper tax map, but it is all of this. Mr. Kennedy: Oh, it is up there. Ms. Sprinkle: This whole thing is his. Mr. Kennedy: Oh. This whole parcel. Mr. Stolz: But I think that if (inaudible) you drive out on 29. You can see that this facility is very obvious from 29 and the view from 29 has changed dramatically over the years. Mr. Kennedy: Well, I have been looking at it since I was that tall. Any other questions for Mr. Stolz. Thank-you, sir. Any other person that wants to speak against the application? Robert Johnson: I am Robert Johnson. I don't know that I have a whole lot to add to what Mr. Stolz said. But I am more or less speaking because I am a property owner. I own east and south of ICS up there now. What I was concerned about is the changes that have taken place and keeping control of what happens in the future with what we've got. Like they were talking about it use to belong to a Wayland Machinery which built agricultural type of things, they built fruit rating equipment. Wayland Machinery sold it to Duran. When Duran had it, ah, which they built the same thing. They, ah, more than doubled the size of the building that was existing then. Then it was changed to a modular home plant since it was there. Then ICS comes in and builds refrigeration Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 8 units. I think, the way that I understand is that the zoning that they have now was kind of built around them. The zoning was changed while they were there. And it was light industrial. The thing that concerns me is if this variance, I understand that this variance is to upgrade it to heavy industrial. And with the changes, Mr. Cogan: No. Mr. Johnson: And with the changes. Mr. Cogan: That is not true. Mr. Johnson: I understand that this is the first step towards the heavy industrial. They do not qualify under light industrial. That they actually qualify under heavy industrial. Am I right on this? In what they do. So, this, this is a change, the first step towards heavy industrial. And if they go to heavy industrial, then it opens up a whole another situation as a wider market to what is available to that piece of property. This place has changed from an apple grating equipment, to modular homes, to refrigeration units, and in the past year they have already sold ICS twice. So if they do this and then they get into a higher grade, and like I said, as a property owner around it we have no control over it. Of right now there is a limit on what they can do and what can be done on that property because of the zoning on it. If it goes to heavy industrial then it really raises the limit on what we have and can control around us. Mr. Kennedy: Alright. Mr. Johnson: I don't, like I say I don't have anything against ICS. They have been there for years. I am a neighbor. We have gotten along and what they do does not really affect me. What bothers me is what can take place after this happens. Like I say, they have sold that business twice in the past year. So the next buyer, what happens from there? Mr. Kennedy: Yes, what was your last name? Mr. Johnson: Johnston Mr. Kennedy: There is going to be another hearing on this before the Board of Supervisors for the rezoning. What they are really here for today is, is the first step to see if they can get a variance for these setback requirements. Mr. Johnston: Alright, let me ask you on this. Mr. Kennedy: So, don't forget about that Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 9 Mr. Johnston: With this variance. Mr. Kennedy: If this Board approves these setbacks, the application for these setbacks. Mr. Johnston: Right. But, alright. Mr. Kennedy: You got another step to look after yourself. Mr. Johnston: This a, this step that you are talking about for this variance though, this variance is to meet heavy industrial standards. Right. In other words, this is the setback for heavy industrial, not light industrial. Mr. Kennedy: That doesn't mean that we are granting heavy industrial. (Inaudible) Mr. Johnston: Now if you get a variance for this and then you get a new owner. Does that variance, doesn't that variance carry over to the next owner? Mr. Kennedy: Yes, it would. Mr. Johnston: Automatic. Mr. Kennedy: Yes. That does not mean that it is rezoned though. Mr. Johnston: No, but that would be the first step lost already. Mr. Kennedy: O.K., Mr. Johnston. Thank-you. Mr. Johnston: Thank-you. Mr. Kennedy: Anybody else to speak against the application. Alright, that is it. The matter is before the Board. What is your pleasure? Mr. Kamptner: Mr. Chairman, just to let the public know about the process for rezoning the property. I was talking to Jan and unfortunately there is not a Planner here, but we understand that in the rezoning application the applicant may have proffered out a number of the uses that would be authorized by heavy industrial. Ms. Sprinkle: David Collins may be able to address that. Mr. Kennedy: O.K. Mr. Kamptner: You know It might help at least since the public Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 10 Mr. Kennedy: It might help the public to know what the proffers were and just tell them what your plans are and what was going to be locked in for your use. No, it wouldn't be I guess it colors our decision, but it was not our decision as to the proffers and the rezoning. David Collins: I am David Collins. I work with Roudabush & Gale. We are the ones helping ICS present a site plan to add that building to the northwest of what is existing. That is what they have done. They are asking for, well what they are really asking for is to add that building. In the process we found out that no the zoning is not proper. It was, what was established in 1980, but it doesn't really, they are doing what they'd been doing since `75, but the zoning that was applied to it was not, did not incorporate what they actually do. Mr. Kennedy: Well, Mr. Collins, isn't zoning, zoning. I mean you can't say that it is improper. Everybody I guess that wants to get rezoned is improper. Mr. Collins: Well, O.K. The zoning that they were, the zoning that was attached to that property. Mr. Kennedy: Well what, what are the proffers. What, I think the public would like to know what these people, Mr. Stoltz said that he is worried and Mr. Johnston is worried about expansion of this building, this industrial building complex. And if they've said no that they are not going to expand, then let's hear it. Mr. Collins: That is what they are asking. They are proffering out all of the uses of HI zoning except for what they actual do currently—which is build commercial refrigeration units. Mr. Kamptner: Essentially what they are doing, they are proffering to the County that they will totally engage in the use that is allowed by 28.2.1 (7) which is manufacturing, which I guess is manufacturing of heavy household commercial and industrial appliances. Ms. Jan Sprinkle: Right. Mr. Kamptner: Which means that the proffer if it is accepted by the Board would be part of the zoning that applies to the property. So that even though the property is zoned heavy industrial it would be limited only to this one particular use. So that the character of the uses going on shouldn't be (inaudible) changed beyond. . . Mr. Kennedy: Won't be, won't be, won't be enlarged or changed. (Inaudible). Mr. Kamptner: Well the nature of the use will be limited to this one particular class. I'm Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 11 not, I don't know if they are even further limiting it by proffer or not. If it was accepted by the Board and the rezoning takes place, the use would be limited to what's proffered. And just to go on to the other public's concerns about some of the other issues. There will be a site plan that is required and site plan requirements dealing with parking and landscaping and buffers and things like that would be implemented through the site plan process. Mr. Bailey: Mr. Chairman, I have a question for the attorney. These proffers, let's say 10 years, from now they want to move in heavy industry. Will that proffer still stand? (Inaudible) Mr. Bailey: If he has proffered Mr. Kamptner: Yes. Mr. Bailey: For what he has got now. But we have also had before us, it has changed hands already twice this year. Suppose he changes it to a company that wants to put in some heavy Industry. Mr. Kamptner: They would have to go through the rezoning process to amend the proffer or remove the proffer Mr. Bailey: Thank-you, Mr. Kamptner (inaudible). Mr. Bass: Could I ask staff, Under LI, I mean I am not just clear on this. It says you can manufacture, process and fabricate a whole bunch of stuff. So are you saying that they are currently getting the setback and the new building need that they are in violation. They are not in violation under LI, not heavy. Ms. Sprinkle: Nonconforming. We made the determination Mr. Bass: Because of side, side back, setbacks. Ms. Sprinkle: No, because of the use. We made a determination that where they would, they most closely fit is in the HI, 28.2.1 .7 which speaks specifically to commercial appliances. And since our ordinance is inclusive and that is not listed in the LI, they don't technically fit in the LI. So they are just nonconforming. They existed before the zoning ordinance did. Mr. Kennedy: Well they are, well they are nonconforming no matter whether they are LI or HI. Right? Mr. Cogan: Well she is talking about nonconforming oh so far as the use. (Inaudible) Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 12 Mr. Bass: She says the way that she interprets this. (Inaudible) Mr. Kennedy: Well a use is a use if it has been nonconforming ever since they first used it. Then they Mr. Cogan: It may have been, some of those businesses (inaudible). Mr. Kennedy: (inaudible) are still nonconforming whether it is LI, HI or RA. Mr. Cogan: Some of those businesses may have been nonconforming. Mr. Bass: It sure seems. I mean, I am not a zoning person, but it sure seems that LI covers making walk-in coolers. Is that what it is, walk-in coolers? Ms. Sprinkle: Right. Mr. Bass: But that is not my determination, we are not. Ms. Sprinkle: Yes. Mr. Bass: We are not here to rezone it, anyway. Ms. Sprinkle: LI speaks of light machinery and machine parts including household appliances. But, it doesn't include walk-in coolers. Mr. Bass: O.k., Could I ask them? Ms. Sprinkle: It is not a violation in any way, shape or form. It simply is nonconforming. Mr. Bass: O.k., then are the setbacks. In this corner where they are the closest to the neighbor. You are saying that they need a 17 foot variance in the worst place or they need a 98.66 foot variance in the worst place. Ms. Sprinkle. It would be 100 minus 17.25. Mr. Bass: In the worst place. Ms. Sprinkle: The worst place Mr. Bass: and that is Ms. Sprinkle: and that is the number of feet variance that you. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 13 Mr. Bass: So that is for the building. But actually most of the existing building conforms. Ms. Sprinkle; Right. Well no. Most of the existing building conforms to the LI, but not to the HI. Mr. Bass: O.k. O.k. Yea. But I mean it doesn't (inaudible). Mr. Cogan: The LI has 50 feet and HI has 100 feet. Ms. Sprinkle: Right. Mr. Bass: I understand. O.k., I am getting better at this. And then the parking. Couldn't they, couldn't the applicant find a way to do the parking. You've got a lot of land there without a variance for parking. David Collins: I think there could be, but if you will notice the date on that plat. It is before these, it is before these ordinances were put into effect. I am not. I have looked at a lot of plats recently. I can't recall the date on it. But I think that is '77. Ms. Sprinkle: Right. Mr. Bass: I have looked at several of them. But I guess that my question is there are two variances here that we are dealing with. Right? One is for parking and one is for the building. Ms. Sprinkle: Right. Mr. Bass: And I am not, I am just curious as to whether there really has to be a parking variance or whether there is enough land to work with. Mr. Collins: I think there is enough land to work with, but it would require tearing up Mr. Bass: concrete? Mr. Collins: concrete until, well probably not concrete, it is probably just asphalt. Well maybe concrete too. Mr. Kennedy: Don't you park on asphalt? Mr. Collins: The parking is definitely asphalt. There are areas that may also be concrete is what I am getting at. It would require tearing up those, those areas and regrading, changing. . . Frankly, it probably, it would change the site more than to leave it as it is. And again I would point out that parking has been there since '77. I Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 14 don't believe that it has changed significantly since '77 at least in the areas. And again I would point out that parking has been there since 1977. I don't believe it has changed particularly since at least '77 in the area which they are requesting. Mr. Bass: I just see more hardship in the building's variance. I think I see more justification for the building variance than I do for the parking variance based on the size. Has anyone addressed that on staff? Mr. Kennedy: Well, Mr. Collins are they using what can be used for parking the end product that they manufacture. Mr. Collins: No, sir. The variances that are being requested are for automobile parking and for the employee parking. Mr. Kennedy: Well, why do they need the variance? Mr. Collins: Because there if you'll that is the dark shaded areas on the southeast side, I think that adjoin Mr. Johnston. Those are the areas that are in violation. They are the ones that are within about ten (10) feet of the property line. That, and that is employee parking. It is where automobiles are. Mr. Kennedy: Oh. Mr. Bass: But there is land to park elsewhere. Correct Mr. Collins: There is about 8 acres, I think, is my recall on that site. Mr. Bass: Well it looks like a lot of land to me when I look at the site. Mr. Collins: Yes, sir. Most, what is not in shown as either building or as asphalt is either in grass or it is in trees. Most of it, the principal amount of it is in trees. It would require taking down the trees and doing a significant regrading. Uh, when you, this is on a most of this site is about a, we did not do a topo, but I think it is in, in the range of 8 to 10 percent slope. Albemarle County Ordinance requires parking to be at a maximum of 5 percent. So you are going to have to change a significant area to be able to meet the parking ordinance, ah, the slope ordinance for parking. If you, if you tear out what is there and try to move it somewhere else. What's there, what's there seems to satisfy the number of employees they have now. It, it satisfies the use, again, since 1977. Ah, it seems like a shame to do that if it doesn't need to be done. If it's, you know again, the employee, well I don't know how the employee history has changed. I mean, they may have added some employees. But they are doing effectively the same thing they did when they came in 1975. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 15 Mr. Bass: I didn't think that I saw 8 percent slopes, but Mr. Collins: Well there are none shown on there. Mr. Bass: Do you feel that they are? Mr. Collins: There are none shown on there and we have not done a topo. I am taking that from the U.S.G.S. map. Mr. Kennedy: Yes, Mr. Childs. Mr. Childs: (inaudible) If we were going to move our parking, the most logical place area would be in the grassy area right in front of the plant and that's all in septic fields (inaudible) available space to park. The other available space would be a wooded area, which is a, We have been using it as sort of a buffer between ourselves and the church right up the road. We thought it was important to have that wooded buffer, buffer area. You know, that we could expand into that area. That parking has been there all along. And it was conforming. And it was there before the regulations. And we were conforming when we bought the property and we were designated M1 . And we were in conformance here, but it did change. We didn't. We have, we are producing more product than we were. It is not twice as much. But we don't have twice as many employees. I would like to point out just one correction. We have been purchased by a Carrier Corporation this past year, but it is not like it has been purchased twice in one year. In the last three years we were purchased by Tyler Refrigeration and Tyler Refrigeration was purchased by Carrier. I just wanted to clear that up because (inaudible). Mr. Kennedy: Alright. Mr. Stoltz: There is no real way to parking it because there is a large field used to store these huge pieces of refrigeration units outdoors. That would clearly lend itself to some form of parking system being used now, which is poor. Mr. Kennedy: In other words you would like for them to discontinue where they are parking, and open up another parking area. I mean that is what you are saying? Right? Mr. Stokes: Well what the neighbors would really like is that they not be granted a variance at all to expand this facility. We understand that the facility is there and has been there for a long time. We don't have any problems with that. But what they are talking about is expanding facility to accommodate a nonconforming use and to expand a nonconforming use and they clearly expanded the parking that was there and they just recently paved. You know, it is a newly paved area. Ah, and so we see no reason Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 16 why there should be any variance. Whatever that use is that exists now is a nonconforming use. Allow that to continue as a nonconforming use under the ordinance. Mr. Kennedy: I think that is basically what we would do if this Board was inclined to. All we are interested is the setback for the parking and the setback for the building, which is not going to change much. (Inaudible) Mr. Kennedy: Now your next step is whether the rezoning is (inaudible) going to be. Yes. Mr. Stokes: They need variance to alter the building to expand to build the new addition to the building is our understanding. You know we are not talking about a building that there isn't going to be any change to. We are talking about a variance to justify a. All an employee has to do is to look at the footprint of the building. You are talking about a fairly dramatic increase in the size of the footprint of that building. I mean we recognize that the building is there. It is a nonconforming use. I understand that. I am a business person. But what we are talking about, what they are talking about here is a fairly dramatic expansion of this facility—in order to expand. And again I mean understand what you are saying that the zoning issue comes later, but the issue that is before you is to allow an expansion of this facility to expand a nonconforming use. And, ah, it seems to me that's not appropriate. I mean, you know if it was to expand the facility to increase a conforming use, it might make some sense. But this is a request to dramatically, you know I have not figured out the square footage but increase the square footage of the business for a nonconforming use. Mr. Bailey: Mr. Chairman, I have a question. It might help me with my decision. Where it is colored, it looks like maybe pink, is that a slab where it would be built on? Mr. Collins: No, sir. That is the building itself. That is the existing building. The, the purple color. Mr. Cogan: It is in your package here, George. It will show you. Mr. Bailey: O.K., that helps. Ms. Sprinkle: Let me point out also that this in addition to making this conform to the setbacks, will also make the use conform when they are rezoned. That is the whole point to make the use conform. Mr. Kennedy: Say that again. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 17 Ms. Sprinkle: If the variance is granted to allow the structures to conform to the setbacks, then the rezoning can occur, and the rezoning would make the use conform. So hopefully in the end, everything would conform by way of the variance. Mr. Cogan: Well what happens if they don't get the rezoning, what happens if they don't the rezoning? Are they going to have to drop their use? Ms. Sprinkle: No. They will continue to be nonconforming. (Inaudible) They just won't be allowed to expand. Mr. Kamptner: Building addition won't be an expansion of a nonconforming use. That can only happen after the rezoning takes place. Mr. Cogan: Yes. Without the rezoning, they don't get to put the addition on. Ms. Sprinkle: Right. Mr. Bailey: I am going to get Jan to come up here and point this out. Jan will you come up here and point out what they want to do. Ms. Sprinkle: Sure. Let's see. This is the building. We are looking at variance for setbacks here, here and parking here. And what they eventually want to do is enclose a portion of this gray area back here. Mr. Bailey: What is in that grey area now? Mr. Cogan: Concrete. Ms. Sprinkle: Asphalt. Mr. Bailey: O.K. (Inaudible) Concrete. Ms. Sprinkle: And they have refrigerator units out here. Mr. Bailey: O.K. Ms. Sprinkle: And they actually work on them out there. When they get to a certain point. These are whole room-sized units. And once they get to the point where they are covered and the workers can be protected from the elements, then they can go outside and work inside these units. But the units themselves don't have electricity to them. They have to have lights out, out in this area so that the men can see to work Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 18 inside these units all around them. Mr. Bailey: So it looks like that would be confined anyway, wouldn't it? Wouldn't it be far enough back with enough setback? Ms. Sprinkle: The new addition will comply with the setbacks. Mr. Bailey: Will comply with the setbacks. Ms. Sprinkle: We are only dealing with the setbacks on this existing permanent building and this existing grey parking lot. Mr. Bailey: If we don't grant it, can they just, can we make them tear it down? Ms. Sprinkle: No. Mr. Bailey: Do you think we just sort of spin our, we're spinning our wheels here a lot it looks like. Mr. Bass: They can all, they can certainly do what they are already doing no matter what happens here today. Mr. Kennedy: Right. Mr. Bass: But they can't work indoors. They want a building to cover where they are now working outdoors. Mr. Bailey: That's right. Mr. Bass: And the Supervisors have to approve the rezoning and that is not our business. Mr. Bailey: But that is only if they comply. The part that they wanted. Mr. Bass: We give the setback, the Supervisors can make a decision. Without a setback, it never gets before them. Mr. Bailey: Then it never gets before us. They can do it without coming before us, can't they. Mr. Bass: They can continue what they are doing without coming before us. Mr. Bailey: Right. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 19 Mr. Cogan: Exactly. Mr. Bass: The Supervisors cannot look at this new building unless we give them a setback. (Inaudible) Mr. Kennedy: Considering that there will be certain proffers, there will be certain controls there will be certain controls to help the public. Mr. Bass: That is up to them. Mr. Kamptner: It is up to the applicant, but that is what we have heard. They are proffering. Mr. Kennedy: It is up to the applicant. It is also up to the applicant to work with the property owners to make the proffer and work with the County to make the proffer in contemplation of whether the Board will or will not approve the rezoning. Alright, the public hearing is closed. And I don't think there is anybody else that wants to talk. The public hearing is closed. What is your decision? Mr. Rennolds: I think so too. Mr. Bailey: Inaudible. Mr. Cogan: You basically have, you've got 3 choices. You can just, you can just leave it alone as it is and not grant the variances in which they will continue their operation as they are, as they are now doing. You can grant variances that will meet the LI district which will make it at least conform with its current zoning. Which is something that they should have done back in 1980 to change it from M1 to LI. In other words, instead of the 100 foot it will be 50 foot setback. But you don't even need that because, well yes you would need that down in that one corner there. Or your third choice is you can grant the variances to make it comply to a proposed heavy industrial designation. Those are the 3 options. Ah, as far as the rezoning request, it will go through the Planning Commission. There will be a public hearing there. Then it will go through the Board of Supervisors. There will be a public hearing there. Mr. Bailey: I think I understand. I am not sure. Mr. Kennedy: Well if you don't understand that, then ask somebody. Mr. Bailey: Richard cleared it up for me a whole lot. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 20 Mr. Bass: We need to find a hardship. Mr. Cogan: Well, that is pretty much laid out in the staff report. You see the hardship is that they have been, they have been going along with this use and then with everything in place as it is for all this time and then all of a sudden they find out when they want to close in something that is exposed outdoors, that they are nonconforming. And you know the hardship is that in order to conform, they have to start moving buildings and parking lots on their property. I think that is the hardship. Mr. Kennedy: Any motions? Mr. Bailey: I would like to see it so that people could be working inside. And it looks like it would cut down some of the noise from, to the neighbors to resolve the code. But I don't think that will make a hardship for the applicant. Mr. Cogan: I guess my main, I guess the main issue I am dealing with is necessary finding number 3, which is the impact on the character of the area. If we grant this variance, by itself doesn't really have anything to do with the impact on the area. But by granting the variance we do permit the process to go through the Planning Commission and the Board of Supervisors to hear the request for the rezoning. If they get the rezoning, my understanding is that they are going to proffer everything out of the HI except for what they are specifically using it for and then that would permit them to put this expansion enclosure on which represents about one-third of the existing size of the building that is now there. And it appears to me if they are working outdoors now with lights and everything like that, and this would be contained indoors, that would probably have a less impact on the area than what they are doing now. But I don't live there. So I don't know that for sure. Mr. Kennedy: One of the staff recommendation is that this variance would only run to the existing building application, building permit. So Ms. Sprinkle: Site plan. Mr. Kennedy: The variance would be limited to this addition that they want to put on the building. Mr. Cogan: Right. Well then anyway, so as far as them Mr. Kennedy: I think there ought to be a limitation and then probably proffer as to what they are going to do there would be further limitations. Mr. Rennolds: Let's say for the existing building only and parking. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 21 Mr. Cogan: Well, what it boils down to is the applicant gets eveything they want including our approval and Supervisors approval on HI, they are going to basically have the same thing that they have now except that one area that, where they are now working with these units will be enclosed instead of open. That is the only thing that is going to change. Mr. Bailey: I would like to see it proceed. It is very complicated to me, but I would like to see it proceed so somebody else can act on it. Send it to the Planning Commission and the Board of Supervisors. It looks like we have to act on it first. Is that right? Mr. Cogan: Yes. Mr. Bailey: That's what I understood from you. Mr. Kennedy: I suppose so. There is always a question on which comes first. But they always put us first. Mr. Cogan: Yes, they always put us first. Yes. Mr. Bass: I move that we approve with the two conditions. Mr. Bailey: Two? Mr. Cogan: The two conditions in the staff report. Mr. Kennedy: Any second? Mr. Bailey: Second. Mr. Kennedy: It has been moved and seconded that the application be approved with the following conditions: That this variance is for the existing building, parking and the proposed addition shown on a site plan submitted to the Department of Planning and Community Development on February 23, 1998 only. Any further addition will require a separate variance application. 2) If ZMA-98-09 to HI is not approved, the variance will apply to the L1 [I] setbacks which are 50 feet from structures and 30 feet from parking for RA zoned properties and 50 feet for structures and 10 feet for parking from public road rights-of-way. This would make the existing building conform by granting a variance of 32.75 feet and the existing parking conform by granting a variance of 20 feet. All in favor, call role. Ms. Taylor: Mr. Rennolds? Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 22 Mr. Rennolds: Aye Ms. Taylor: Mr. Bailey? Mr. Bailey: Aye Ms. Taylor: Mr. Cogan? Mr. Cogan: Aye Ms. Taylor: Mr. Bass Mr. Bass: Aye Ms. Taylor: Mr. Kennedy? Mr. Kennedy: Aye. It is approved with those conditions. On to the next step. O.K. Mr. Bailey: Seconded. Albemarle County Board of Zoning Appeals April 7, 1998 Minutes Page 23 Index of documents submitted to the Board of Zoning Appeals on April 7, 1998 for International Cold Storage, VA-98-05 . 1 . Deed 637, page 272 dated November 1, 1977 by and between Durand-Wayland, Inc . And International Cold Storage Company, Inc . 2 . Deed 199, page 35 Deed description with plat of 3 . 5 acres . 3 Deed 213 , page 558 Deed description done in July 1931 . 4 . Physical Survey of Tax Map 109, Parcel 33 done by Roudabush, Gale and Associates dated March 2 , 1998 . 5 . Deed Book 448 , Page 626, Plat showing a survey of parcels 33 , 34 , 34A & 34B on tax map 109 recorded in Clerk' s Office September 24 , 1968 . 6 . History Index Card 7 . Adjacent owners list - Query on file CISPLAN by STAYLOR dated 3/11/98 8 . Letter dated March 19, 1998 addressed to the adjacent Property owners from Jan D. Sprinkle . 9 . Affidavit dated March 19, 1998 by Ileen V. Snow certifying that all adjacent owners were mailed a letter. 10 . Letter dated March 19, 1998 to International Cold Storage from Jan D. Sprinkle notifying about the public hearing. 11 . Legal Ad that ran in Daily Progress on March 23rd & 30th 12 . Tax Map 109 (8 %" X 11" ) 13 . Tax Map 109 (large display map) 14 . Physical survey dated November 4 , 1977 by William S . Roudabush, Inc . 15 . Variance Application, VA-98-05 for International Cold Storage 16 . Staff Report for April 7, 1998 prepared by Jan Sprinkle Index of documents submitted to the Board of Zoning Appeals on April 7, 1998 for International Cold Storage, VA-98-05 . Page 2 17 . Action letter dated April 8 , 1998 to International Cold Storage from Jan D. Sprinkle . 18 . Letter and reduced aerial photo dated April 23 , 1998 to Board of Zoning Appeals from John V. Little, Attorney 19 . Letter dated April 29, 1998 to Michie, Hamlett, Lowry, Rasmussen & Twell, P.C. from Jan D. Sprinkle concerning rehearing request date of May 5, 1998 . 20 . Memorandum dated April 30 , 1998 to Members of Board of Zoning Appeals from Jan Sprinkle in reference to the rehearing request for VA-98-05 . 21 . Letter dated May 8, 1998 to Michie, Hamlett, Lowry, Rasmussen & Twell, P.C. from Janice D. Sprinkle regarding the action taken by the BZA on May 5, 1998 to deny request for a rehearing. 22 . Photograph of International Cold Storage 23 . Agenda for April 7th Board of Zoning Appeals meeting heed 637 ['AGE7272 Sa 34 THIS DEED made this 1st day of November, 1977, by and ' between Durand-Wayland, Inc. , a Georgia corporation, party of the ' first part, and International Cold Storage Company, Inc. , a Kansas corporation, party of the second part, WITNESSETH That for and in consideration of the sum of $153,791.00, $26,691.00 of which is cash in hand paid, receipt of which is hereby acknowledged, and the balance of $127,100.00 is secured by deferred purchase money deed of trust executed contemporaneously herewith as a part of the same transaction, said party of the first part hereby Grants, Bargains and Sells and Conveys WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE unto said party of the second part, the following described property with improvements thereon and appurtenances thereto situated in the County of Albemarle, State of Virginia, as follows: All those two certain parcels of land described as Parcel C containing 3.556 acres and Parcel B contain- ing 4.856 acres on plat prepared by William S. Rouda- bush, Jr. , C.L.S. , dated June 1967, revised September 8, 1968, recorded in the Clerk's Office of the Circuit Court of said County in Deed Book 448, page 626, being the same property in all respects conveyed to Durand Machinery Co. , Inc. , by deed dated February 29, 1972, recorded in said Clerk's Office in Deed Book 503, page 92. By amendment to its charter the name of Durand Machinery, Co. , Inc. was changed to Durand-Wayland, Inc. This conveyance includes all appurtenances to said real estate and is made subject to easements of record. I � This conveyance is made pursuant to resolution of Durand-Wayland, Inc. unanimously adopted at a meeting duly called and convened. IN WITNESS WHEREOF Durand-Wayland, Inc. has caused this ; deed to be executed on its behalf by PRE' A. b0R4ND,T , its PRGSIDeNT , DURAND-WAYLAND, INC.. By l�� 'r�t.,;-11 i 1 I - •i roil 1�a. • t :1: •-,CO N ':ester Y 4 �SZ6 a V . e• 11 S�Z= Pi 2L�� ''r.. '4.• C1 rk. i, ww i4 , iV ' / � i / � r , ,.. • W i tint i t • M o V '. \\~,,Z W r - .,_l s 5 ;Ai w 3 0 • - 1, " e- (r I'► 1. A , ) i v• / \... .„,%...,b) 4* A .0 ~ f t M • v0% I M f. • i` gen 4/ a, M. j a O_ ''� A• • • \ - - . i -' -• -{ 1 `F j'/2 VV//y 1 45\ ‘ ‘ s pail., s o o - I IA.' � • .. . This is i plat of 3i A of land situated in the vicinity o! • 4" 1 i▪ Covetvi] le in Albemarle Oo. , sold by Willie Kennedy to Virginia 8kinnir Pat( , 1 Inc. and is bounded as follows: Beg. in center of neards Road thenoe with -_ E Cove3villo Orchard Co N 32 E 62 ft. to a post N 39 $ d29 -ft. to )a post S 23i i 2 (at 167 ft. a point in line of the new line running 3 *9W 805 .ft) ' in all'. • 313 ft s _66i3 53 ft. ' 72iB 43 ft. x 394Z 8`40 ft 3138'_ft. • ,_ : 2�' 73i E 40 ft. and 3 a4� 277 ft to oorner east proposed highway #2 1 ita'e 7. : rn7 lily::: with Willie Kennedy S 5i W 30 ft thenoe parallel with line- off`iO re+ �.- .•_• t v ice Orchard_ 0o and 30 ft distant therefrom N 84 , 4-265 ft S 73i i -28 tt , - • 7 It 6R75 ft. 329* 765ft372-tW70 ft 'i� 66-:CIF ?9ft and K23 Vi4 ; ; ib• _1 is os 3 39 W _605 it to cen ter Heards44 d oppoeito-a a take .•th a> : t Cantor of-road x 19i w 194 ft to thcr beg. - ---- .1:9i:,s . . e-xp : r 17e Kv oou " "sion expires April 490 I ,,. Given sndar my hani this ?2rtd day of J'Ay 1931 75. Z �� -Mary Lt:�(1 sy, a-)t.,1/. ' F•i') ' . VILtGINIA: 7,,,g z C Z Z 7 o i —_-? In the Clerk's Office of Albemarle Circuit Court July 24th 1971 . This deed was presented to mo in. said• office and with certificate annexed admitted to record at 9t415 A.Y. and plat attached. (see plat below) ! s € ` r L 1 w 0 • .L A. ' i A .y 2 T 1 / .� C` 1. ru se -f C N Z t \ W � ; // X.,0 0i,w 4 \ r+� y / \ 'lr -- i -�o �►AW 1 1.41 I ; /tea''- i i ., v,/ e> / \ o ��`,' N CR. ' i This is a plat of 11A. of land sited in the Vicinity of Covesville, Albemarle Co. Va. sold hy Wayland Naahinery Co. Inc. to Eleanor H. Wayland and is bounded as tollowss 20g. at as iron corner to Wayland i Mchinery Co. Inc. i in line of Coresrill• Orchard Co. thence with Coveaville Orchard Co. N 391 H 4111 ft. to an iron 8 241 ! 167 ft. to an iron thence the same coarse continued 146 ft. in all 313 ft. to an iron 8 6a 1 56 ft. to an iron 973E43ft. to an iron U291s40ft. to •an iron I5f179' !t. to an iron x 311 1 38 ft. to an iron N 73/ E 40 ft.' to an iron i 8 84 1, 230 f to an iron 25 ft. from C State Highly, "6 thence along margin of same s 32 W 33 ft. thence with Wm. T.Leaasdy Y 84 w 2O3 ft. $ 731 w E$ ft. 8 31 6 51875ft. a en 865 ft. 67a110 ft. I 641 179 ft. I241W143ft. j and 8 890 w 501 ft. to an iron thence a now ling with Wayland Machinery Co. Inc. a b1 w 150 ft. to the beg. Hugh ?.8imts, 8.A.C. July 1831. i; Vests: 7/1el-g1/1 ,Clerk. 3 I TMP 109-34A JAMES P. ROBINSON III CORNELIA D. JOHNSON ZONE: RA I O O; mom,•... G,JP N(�• NC�• - IN. NNN\ TMP 109-33 INTERNATIONAL COLD STORAGE CO., INC. E NU ZONE: •�/ ":«�'—` D.B. 637, p.27201 •'"' D.B. 448, p.626(PLAT) OSEO � ' .6 0 1 STO pRO Xj 00 1 •, i TINE L� EXIST Q BLfl r,� 1 sToc r Site- !r: TMP 109-35 EXIS••�� '� w� 1 .1 CHRISTOPHER H. REXRODE P OR RHONDA D. DAVIS ZONE: RA S 1 ,.. PARRCEL C w TMP 109-32 3.556 Ac. � EMMETT TOMS \ 1 r, -µ ZONE: RA PARC L B t 4.85 Ac. • ""�'~ = - PARCEL 33, TAX MAP 109 '�~ �! _.. ^ SCOTTSVILLE DISTRICT ...... HEARDS MOUNTAIN ROAD STE. RTE. 633 — _ (50' ROW) ALBEMARLE COUNTY, - -- - - - VIRGINIA MARCH 02, 1998 SCALE: 1" = 100' ROUDABUSH, GALE AND ASSOCIATES A PROFESSIONAL CORPORATION SURVEYORS. PLANNERS, ENGINEERS 914 MONTICELLO ROAD CHARLOTTESVILLE, VIRGINIA OCITMODMIN12882—RED.PRO 2882 C/•urtt, /•lS7e• rnn t+� t+' PLAT SHOW/NG A SURVEY Of x +� t+e+'\r v to o PARCELS 33,34,34A 6348 cr' p S TAX MAP/09 • co: a t9 E 9 • COVTA /NG A TOTAL OF-2/497ot. s /N o '' A. Nsar Covsvi//• MP. , - y Albemarle Counly,Vo �., 67� j i \ /.' /00 Juan /967 +� 65.41 0 o REVISED'S•pt 5,/96B To Show Division /nto o r'+t W t9 E« "J Parcels A B C u let II: •\\ 1—::: 1-,4: �� M iron � a. 1 �/ '6- tt 11 tt O� "N34 ' m 5 m Y Gel 6 P` . / 8 m = m A U. f .) •96 POr C c o_ t zL 13075AC o �. ill ..p.0 v p o + ► / m� a S O 56 A� m e j „. o r �, `� a Z` // \ I I IN] V I. 0 \ \ / t o ✓ I \4 of°6956 O P '\ / i \1-----'/' me v c), 5� 'qy t U 0 +`•\�� 34B ��y� P/o1 G. B 2/3p 538 �t + 9 e t. O.� �, 35 £..r/i r.,,, r, S51 J t,ALTH O C.a Y'Q 4.. . � —:, 1 335 ° �P m 9' • a J• ? �. - - , '!ri i 0• .9t N it1:P'pCSN A x W W'+ / ti.t 17 3E 78 � � II / W/LL/AA/ S ROUDABUSH,✓R A/ L Z. OWNER - \\� LJ MAP PARCEL c = i DESCRIPTION PETITION. _ J, — - l A �� y �(i _/lam r.L� 4�.CY l 4 VV J 6 Query on file CISPLAN by STAYLOR using ADJACENT 03/11/98 Page ICS ADJ OWNERS LIST Query selection conditions : 1 . -TAXPAR = - 10900000003500- , 2 . -TAXPAR = - 109000000034A0- , 3 . -TAXPAR = - 10900000003200- , 4 . -TAXPAR = - 10900000000300- , 5 . -TAXPAR = - 109000000003A0- , 6 . -TAXPAR = - 098000000015A0- , 7 . -TAXPAR = - 00000000000000- , 8 . -TAXPAR = - 00000000000000- , 9 . -TAXPAR = - 00000000000000- , 10 . -TAXPAR = - 00000000000000- , 1 OR 2 OR 3 OR 4 OR 5 OR 6 OR 7 OR 8 OR 9 OR 10 TAXMAP/PARCEL : 098000000015A0 ADDRESS1 : STOLZ, JILL V ADDRESS2 : RR 1, BOX 213 ADDRESS3 : NORTH GARDEN VA ADDRESS4 : ADDRESS5 : ZIPS : 229599606 TAXMAP/PARCEL: 109000000003A0 ADDRESS1 : COVESVILLE BAPTIST CHURCH, ADDRESS2 : JAMES BECK;ETAL TRUSTEES ADDRESS3 : P 0 BOX 127 ADDRESS4 : COVESVILLE VA ADDRESS5 : ZIPS : 22931 TAXMAP/PARCEL : 10900000000300 ADDRESS1 : TOMS, E W ESTATE, ORA P TOMS & ADDRESS2 : MATILDA A JOHNSTON ETAL ADDRESS3 : C/O ROBERT E JOHNSTON ADDRESS4 : RT 1 BOX 326 ADDRESS5 : COVESVILLE VA ZIPS : 22931 TAXMAP/PARCEL : 10900000003200 ADDRESS1 : TOMS, EMMETT ESTATE, ORA P TOMS, ADDRESS2 : MATILDA A JOHNSTON ETAL TRUSTEES ADDRESS3 : C/O ROBERT E JOHNSTON ADDRESS4 : RT 1 BOX 328 ADDRESS5 : COVESVILLE VA ZIPS : 22931 TAXMAP/PARCEL: 109000000034A0 ADDRESS1 : ROBINSON, JAMES P III OR CORNELIA ADDRESS2 : D JOHNSON ADDRESS3 : 3 TENNIS DRIVE, FOUR SEASONS ADDRESS4 : CHARLOTTESVILLE, VA ADDRESS5 : ZIPS : 22901 TAXMAP/PARCEL : 10900000003500 7 Query on file CISPLAN by STAYLOR using ADJACENT 03/11/98 Page ADDRESS2 : OR RHONDA D DAVIS ADDRESS3 : 5730 HEARDS MOUNTAIN ROAD ADDRESS4 : COVESVILLE VA ADDRESS5 : ZIPS : 22931 End of Query on file CISPLAN by STAYLOR using ADJACENT 9 NV?., \/C;1 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 March 19, 1998 Jill V. Stolz Covesville Baptist Church, James Beck: Etal trustees E. W. Estate, Ora P. Toms & Matilda A. Johnston, Etal, c/o Robert E. Johnston Robinson, James P, III, or Cornellia D. Johnson Christopher H. Rexrode, or Rhonda D. Davis RE: VA-98-05, International Cold Storage Tax Map 109, Parcel 33 (Sign # 20) Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that the Albemarle County Board of Zoning Appeals will conduct a public hearing on Tuesday, April 7, 1998 on VA-98-05, for International Cold Storage. The variance request involves property described as tax map 109, parcel 33, Zoned LI, Light Industrial, Samuel Miller Magistenal District. The applicant is requesting relief from Section 26.10.2 of the Albemarle County Zoning Ordinance, as follows: Tax map 109 parcel 33 is zoned LI, Light Industry, pending rezoning to HI, Heavy Industry. To allow the rezoning request to proceed, the variance is requested to reduce the yards adjacent to the rural areas zoning district: from 100 to 17 feet for the existing building, and, from 30 to 10 feet for the existing parking. The public hearing will be held by the Board of Zoning Appeals on Tuesday, April 7, 1998, at 3:00 p.m., in Meeting Room 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. This application is available for your review in the Albemarle County Building Code and Zoning Services Office, 401 McIntire Road, Room 227, Charlottesville, Virginia. Sinc rely, c- Jan D. Sprinkle Chief of Zoning Administration Enclosure 1\GENERAL\SHARE\BLD&ZON\ILEEN\VA9805 ADJ-March 19, 1998 IC AFFIDAVIT March 19, 1998 I, ILEEN V. SNOW, HEREBY CERTIFY THAT THE LETTER VA98-05. DATED March 19, 1998, ADDRESSED TO THE ADJACENT LAND OWNERS TO INTERNATIONAL COLD •STORAGE, WAS MAILED VIA REGULAR MAIL ON March 19, 1998. 1//10,\— COUNTY OF ALBEMARLE: STATE OF VIRGINIA SWORN AND SUBSCRIBED BEFORE ME ON THIS Ve DAY OF APRIL, 1998 3610\ L NOTARY PUBLIC MY COMMISSION EXPIRES FILE: Reading File (Tax map 109, Parcel 33) I\GENERAL\SHARE\BLD&ZON\ILEEN\VA9805 AFF-March 19, 1998 a4J �� /r Mir COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road,Room 223 Charlottesville,Virginia 229024596 Building Code Information FAX(804)972-4126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 March 19, 1998 International Cold Storage Attn: Gifford Childs 5678 Heards Mountain Road Covesville, VA 22931 RE: Variance Application, VA-98-05 Tax Map 109, Parcel 33 (Sign#20) Dear Mr. Childs: This letter is to inform you that your variance application,VA-98-05, will be heard during the public hearing by the Albemarle County Board of Zoning Appeals on Tuesday,April 7, 1998, at 3:00 p.m., in Meeting Room 241, Second Floor, County Office Building,401 McIntire Road, Charlottesville, Virginia. Our office has installed a public notice sign. It is your responsibility to maintain the sign until the hearing. If the sign is vandalized in anyway, please contact our office immediately. If you have any questions,please feel free to contact our office. Sincerely, c:=7L Jan D. Sprinkle Chief of Zoning Administration cc: File JDS/ivs I•\GENERAL\SIIARE\I3LD&ZON\ILLL:N\VA98050W LI It-March 19, 1998 1a • THE:DAILY PROGRESS, Charlottesville, Va., Monday, March 23, 1998 The Albemarle County Board of Zoning Appeals will conduct a public hearing on the following 1 , Le9 als resdal variance requests on ueay,•,•April 7, 1998 at 3:00 Tax map 58A2.parcel 21,zoned PM, in Meeting Room 241,2nd C1, Commercial/EC, Entrance Fl, County Office Building, 401 Corridor. Request to reduce the McIntire Road, Charlottesville, front yard from 30 to zero feet, VA to allow the addition of a canopy VA-98-04. Roger L and Steve over the gas pumps. L. Gibson,'.owner/applicants VA-98-05. International Cold (Sign # 48). Located on the N. Storage, owner/applicant (Sign side of Rt.250 approx.400ft.E. #20).Located on NE side of Rt. of its inters. w/ RL 786 in Ivy. 633 approx. 600 ft W of its Inters.w/Rt 29 near Covesvilie. • Tax map 109 parcel 33, zoned LI, Ught Industrial, pending re- zoning to HI, Heavy Industrial.. To allow the rezoning request to proceed, the variance is re- quested to reduce the yards ad- jacent to the rural areas zoning • district: from 100 to 17 feet for • • the existing building, and from 30 to 10 feet for the existing parking. AP-98-02 Eure Communications, Inc. (Owner), Charlottesville Cellular Partnership (appli- cant)(Signs#5&6).Appeal of zoning administrator's determi- nation that a special permit is required to attach an antennae to an existing structure or tower which is non-conforming.Appeal relates to denial of building permit #98-80 NC for tax map 78, parcel 51C.The appellant's points include: it is not an ex- pansion of a non- conforming use to warrant the special permit and the decision is contrary to land use and zoning policies. Property zoned Rural Areas and applicable to most zoning dis- tricts. All applications are available in the Albemarle County Building Code & Zoning Services Dept., Rm. #227, County Office Build- ing prior to the public hearings. Reasonable accommodations will be provided to persons with disabilities. Requests should be made to 296-5832 !� THE DAILY PROGRESS, Charlottesville, Va., Monday, March 30, 1998 1 Legals 1 The Albemarle County Board of Zoning Appeals will conduct a public hearing on the following appeal & variance requests on Tuesday, April 7, 1998 at 3 00 PM, in Meeting Room 241, 2nd Fl, County Office Building, 401 McIntire Road, Charlottesville, VA. VA-98-04. Roger L. and Steve L. Gibson, owner/applicants (Sign # 48). Located on the N. side of Rt.250 approx.400ft.E. of its inters. w/ Rt. 786 in Ivy. Tax map 58A2 parcel 21,zoned C1, CommerciaVEC, Entrance Corridor. Request to reduce the front yard from 30 to zero feet, to allow the addition of a canopy over the gas pumps. VA-98-05. International Cold Storage, owner/applicant (Sign #20).Located on NE side of Rt. 633 approx. 600 ft. W of its inters.w/Rt.29 near Covesville. Tax map 109 parcel 33, zoned LI, Light Industrial, pending re- zoning to HI, Heavy Industrial To allow the rezoning request to proceed, the variance is re- quested to reduce the yards ad- jacent to the rural areas zoning district from 100 to 17 feet for the existing building, and from 30 to 10 feet for the existing parking. AP-98-02 Eure Communications, Inc. (Owner), Charlottesville Cellular Partnership (appli- cant)(Signs#5&6).Appeal of zoning administrator's determi- nation that a special permit is required to attach an antennae to an existing structure or tower which is non-conforming.Appeal relates to denial of building permit #98-80 NC for tax map 78, parcel 51C.The appellant's points include• it is not an ex- pansion of a non- conforming use to warrant the special permit and the decision is contrary to land use and zoning policies. Property zoned Rural Areas and applicable to most zoning dis- tricts. All applications are available in the Albemarle County Building Code & Zoning Services Dept, Rm. #227, County Office Build- ing prior to the public hearings. Reasonable accommodations will be provided to persons with disabilities. Requests should be i made to 296-5832. 1� MX fi'» P /0c ALBEMARLE COUNTY / •8 x. t —— /r' 4 46fi 46G iivib,46F yJ • aso k \ \AMUEL ,U// 4: 4.e,.. , iii,.,, ,....., .i.„.,,, , *7 , , 4 TM /111.. s j c.7444,co ,‘!:___ / —,—i / c- 4, 1 4D 1 .,::::,„ .2 4 14 I 35 •t A• ' 3e • 36 r /7 0 SO \ I . . .. IjT" ' 32 � � \/ 0��+ 4TK �� 1C • y �Q 34C 'I / 70 /4" SEE 110-le Fr/ 57 r •‘ // 108 s ' At" se //�� AT by \6EP 1 �® t 4c, - / 52 7.4 Imamt/ V I / 1 oYESVI �s4 O744 26 59 th�� / /-2C4 .1 s-13.144-4---6 -K''' ov vo, .t .A14. 411‘ ,. \-----;_______ /� (I 23 VA-98-05 International Cold Storage / ,-(( •• / 23A Tax Map 109, Parcel 33 , 1' 22 \ . ► \ / / / ( Z( L 14›. T _� 1321 eu ' • I 1s 20 / ( ' \ le / i '\., A----------. 19 / \: / , .\ �.—j/ ---/ \ / e / 7;%vk.,/6--1/4 j ALB-IEMA.R.-LE 98 SEE 108 -18A 46E 46F —�f 46G * 46D , r ,>11 ; l ml. , 46H So It , ` O ; ;�46C 46A 0 ' `46I 5 1. 46B FORK 46J RR > 16 69 4 7 H 2C 43 4 7 - 47A q9 68 67 66 6 2 A �9 5 43D Y` 49C C) ` 43B l4,3 43A 49A 490 43C1 42 47J 4 9F 35A / 40 41 48 3 ~" * 49 r 4q *9 7e �r �a - � o 50 IB A 3 6 34E 1' \ �' 32 � � oe 1C <. ?; �� 4 7 K Q� A 3 3 34C 5i \ rr 51 A V 47G 70 51B ' 34C z �E 57 4D , 4 , 34G4 Scc 25 C 58A / 5 58 — R T 805 -27 27 258' 6E 6D 6cl 7A a 56 6 SA _ sc 6F 8E 25L .25E 268 Qj 1 8G 52 7 � 0 7A 25 K 78 8H 9 25F • ` 9F 25� COVESVIL .� 26 59 G. 7 25G v 7E 8 �. i er Branch 25H 24 26A Ndmm 7G 118 11 C IOC .I IOA IOB 23 / 9B 23 A 2 3B 55 9 A� 9 C soA II` 22 13 21 14 ' 60 15 20 16 19 61 I 17 . �. See I I p — �> , SCALE IN FEET Soo 0 Soo 1200D 1000 2400 IIB ENTRANCE ,CORRIDOR ., SCOT SVI LE QND SAMUEL MILLER DISTRICTS SECTION .109 ''" lei 9 i if 2992 'ON 3111 —— )1008 01311 oo/+„/ 31V0S 426/ '9 ',or :31V0 VINIJ2IIA '3111AS3110121VH0 210A3A21f1S ONVI 0 3 11 1121 3 0 '3NI 'HSl8Va(lOa 'S WVI11IM V//Y/92'/A it1/Y/7O7 a'7,3 7/'Y3B7V 10/2/1 S/0' 7V/Z12.15/Jv!ry L'..,7 7//1, 73/7 V b'9 62 31b 'S n_YO :[/Y/ D'va1V 1'99 3. Z/ 31S /Y0 032V. O7 EC- 6O/ 7.3Da'Vd dV'YY XV2 a'O /Y0/1b'Od V 929 -:Bflb '9 0 IV 0I0a'O.731Y .LV 7d V /YQ O I 8 S 737 b1 V'd AaAa/)s 717'.2/5AHd ISPYOL 113fl Y3 / 4,o %r Q, N ox ,cs 1,61> ;w..60,O0.6C r .4 I ®( • gip ' I _ 1 • oti .1' e . //K t tv \ 14 s — 1` %% '4 rer-. lb` ..... \ ,—- .ITi, ‘'‘e I e% NED t • C 0.0 (r M . M 'aV 999 9`! ; 9 737?'V'd :44s,.i. • 1 liezio • 17 • W 0 . • %Y • 4 S.i + f'aa ''� ,0 4YY P�nvdW04vA:0:s Dv 999 f /4 a ' 73.7D'Vd 6\ Z Cu UJ i 6Z 9F Z< OFF DI6S IN 52 //oQp%y SSp 7.O .3/yhfO/' 41:4 CNY7 p4/.'� I ♦ r '662-f36P 'B •Q '•"J '732 P '73L 'YA 'v 8L on £•LT•bS+0 any' £LF-699 'f3 ' '•a7 a'-"MOd 7/I1L7379 /ytr/h.7v7vddv SS9(Q) £LT$S al a3.1/Yv2':7 .cD'M•d0-sLN9'a! al. 173'/ens 7 P 9 S727D'vd 1 ON'1a33 0 •NO3213H NMOHS 3HV JNI011l8 3H1 AO Sl1VM ONV % it 'moroIa Y 1 s • . '-',”''''''',./9/91* S3NI1 31111 3H1 ONV 1Vld SIHI NO NMOHS Ala3dO Id 3H1 O3A3ALIfS I *I ,+O LL6, '1D0 NO 1VH1 AdI1a3O 01 SI SIHI / County of Albemar Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- qR - o s DATE: 3/2 f 9g FEE: $95. 00 c/95" gr /d?. 2 STAFF: JCS IQ VARIANCE APPLICATION OWNER (as currently listed in Real Estate) Name I NT -Z-I)ATI STbRA ,I�-- Phone pao ) 3a3 - 56c3 Address atc GhsT 13fi'" Srr2EEi Ni-)o‘.re ? (CA,.1SAS (if different from above) • Name "]L ��(� Phone ( go,r) ? - 711 c Address g Wec, r c vv‘o 110 ' c,A 1 1 cGvcSvJ 1 I-e U e CONTACT PERSON (if different from above) Name -a t Ge- Cil,g6;y4Phone ( ) 7 77 -o to( Day Phone ( ) - Address ZLOCATION: PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP /0 9 , PARCEL 33 ; TM , P ; TM , P ZONED: }4-! `ORDINANCE SECTION: ,2 • - • • Board of Zoning Appeals Date: 4 /1 / Si ( ) Special Permit _ ( ) Variance ( ) Proffers 5Ec ATr1CNEb Hi3ToRy BZA ACTION: % ' d N 44/7/1r'' VA-98-05. International Cold Storage, owner/applicant (Sign # 20). Located on NE side of Rt. 633 approx. 600 ft. W of its inters. w/Rt. 29 near Covesville. Tax map 109 parcel 33, zoned LI, Light Industrial, pending rezoning to HI, Heavy Industrial. To allow the rezoning request to proceed, the variance is requested to reduce the yards adjacent to the rural areas zoning district: from 100 to 17 feet for the existing building, and from 30 to 10 feet for the existing parking.\qlr\ I STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 7,1998 STAFF REPORT VA 98-05 OWNER/APPLICANT: International Cold Storage TAX MAP/PARCEL: 109/33 ZONING: LI, Light Industrial, pending rezoning approval to HI, Heavy Industrial ACREAGE: 8.412 LOCATION: Northeast side of Rt. 33 approximately 600 feet west of its intersection with Rt. 29 near Covesville TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Sections 26.10.2 and 26.10.3, which state in part: 26.10.2 Adjacent to residential districts: For the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located closer than one hundred (100) feet to any rural areas or residential district and no off-street parking shall be closer than thirty (30) feet to any rural areas or residential district. 26.10.3 Buffer zone adjacent to residential and rural areas districts: No construction activity including grading or clearing of vegetation shall occur closer than thirty (30) feet to any residential or rural areas district. Screening shall be provided as required in section 32.7.9. A variance is requested to allow the existing building to remain a minimum of 17 25 feet and a maximum of 98.66 feet from the eastern most property line and as shown on the physical survey in this file done by William S. Roudabush, Inc. and dated November 4,1977. The parking needs a maximum variance of 20 feet to allow the continuance of parking 10 feet from the southern property line. The applicant wants this variance to allow the property to be rezoned to the HI zoning district that allows their basic use. The ultimate reason is to expand the existing building, starting at the end 98.66 feet from the property line and extending the new building in a direction that will increase in distance from the Rural Areas zoning district to the 100 foot setback within a few feet of length. The parking will not be increased and therefore the variance is only needed for what is existing. No additional buffering or screening from the Rural Areas properties will be required for the existing building RELEVANT HISTORY: This property was originally zoned Al, Agricultural in 1969. ZMP- 69-64 granted what was then the M1 , Industrial zone to Wayland Machinery Co. In 1975, International Cold Storage had a site plan approved to add to the then existing building. They bought the property in 1977. The property was reclassified to LI, Light Industrial in the adoption of our 1980 zoning ordinance. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property was acquired in good faith by International Cold Storage in November 1977. They believed that 19 Staff Report: VA 98-05 April 7, 1998 • Page 2 their use was a conforming use in the M1 district. The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. There are neither exceptional size nor shape restrictions nor topographic features that unreasonably restrict the use of this parcel. The current desire of the owner to enclose an area where work is routinely performed outdoors has brought to our attention the fact that their use is only allowed in the HI, Heavy Industrial zoning district. In applying for the rezoning to accommodate the building expansion, it was discovered that the existing facilities do not meet the yard requirements for that district. Thus, ICS has requested this variance. The building addition will not be any closer to the surrounding properties nor will there be any expansion of manpower or parking needs. Without the variance, the Board of Supervisors will not approve the rezoning due to their prohibition of creating nonconforming lots or structures. The strict application of the zoning ordinance does not effectively prohibit the use of the property, but it definitely restricts the use. Staff finds that for the following reasons, this restriction is unreasonable and therefore meets the hardship criteria. The "condition of such piece of property" is that these buildings have been the same size and shape since before our ordinance. It is only the zoning district that has changed and will have to change again to allow the desired expansion. An "extraordinary situation" exists in the county's 1980 acknowledgement of the industrial use. When they zoned the property LI, rather than the nonconforming RA, they indicated that they intended to make it a conforming use. Staff believes that this was an oversight in the process whereby the individual uses were not examined on a parcel-by-parcel basis. Rather the M1 zoning district was simply converted to LI since they were both the "light" industrial zones. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria is as follows: Necessary Finding Number One: Hardship The applicant comments that the variance is necessary because: • The property was purchased by ICS in 1977 with the existing buildings and parking • The manufacturing business began in 1975 and has remained the same since the beginning. • The existing buildings are the integral infrastructure of this business. Staff previously identified the hardship as described under the Code of Virginia relating to granting a variance. Therefore, staff concludes: The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Staff Report: VA 98-05 April 7, 1998 Page 3 Necessary Finding Number Two: Uniqueness of Hardship The applicant notes: • This is an isolated existing industrial zoned parcel surrounded by RA zoned parcels and has been used in a similar fashion by Wayland Machinery Co. since the 1930's. There is no other industrial zoning in the same vicinity. Even the apple-packing building in Covesville is zoned RA, as the apple business is agricultural and allowed by right. Therefore, staff concludes: The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Necessary Finding Number Three: Impact on Character of the Area The applicant offers: • The adjoining properties have not changed character since the 1930's. • Granting the variance will allow ICS to add a building to enclose part of the work that has been exposed to the elements. • It will thereby reduce noise and visual impact to the neighboring parcels. • It will also give the employees a more controlled environment to work in. Staff agrees that allowing the variance to allow the rezoning will not change the character of the district. If anything, it should improve the character since more of the refrigerator units will be kept inside making a better visual impact and reducing the noise level in the immediate area. No additional buffering is needed to separate the existing structures from the Rural Areas adjoining properties. Therefore, staff agrees: 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. STAFF RECOMMENDATION: Since all three variance criteria have been met, staff recommends approval for cause with the following conditions: 1 This variance is for the existing building, parking, and the proposed addition shown on a site plan submitted to the Department of Planning and Community Development on February 23, 1998 only. Any further addition will require a separate variance application. 2. If ZMA 98-09 to HI is not approved, the variance will apply to the LI setbacks which are: 50 feet for structures and 30 feet for parking from RA zoned properties, and 50 feet for structures and 10 feet for parking from public road rights-of-way. This would make the existing building conform by granting a variance of 32.75 feet and the existing parking conform by granting a variance of 20 feet. a1 A�Of 41.84,1if 4.11 mi COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 223 Charlottesville,Virginia 22902-4596 Building Code Information FAX(804)9724126 Zoning Information (804)296-5832 TTD(804)972-4012 (804)296-5875 April 8, 1998 International Cold Storage Attn: Gifford Childs 5678 Heards Mountain Road Covesville, VA 22931 RE: Board of Zoning Appeals Action Variance Application, VA-98-05 Tax Map 109, Parcel 33 (Sign # 20) Dear Mr. Childs: This letter is to inform you that your variance application, VA-98-05, was heard during the public hearing by the Albemarle County Board of Zoning Appeals on Tuesday, April 7, 1998. The Board unanimously (5:0) ruled to grant the variance requests subject to the following two conditions recommended in the staff report: 1. This variance is for the existing building, parking, and the proposed addition shown on a site plan submitted to the Department of Planning and Community Development on February 23, 1998 only. Any further addition will require a separate variance application. 2. If ZMA 98-09 to HI is not approved, the variance will apply to the LI setbacks which are: 50 feet for structures and 30 feet for parking from RA zoned properties, and 50 feet for structures and 10 feet for parking from public road rights-of-way. This would make the existing building conform by granting a variance of 32.75 feet and the existing parking conform by granting a variance of 20 feet. • as Letter to International Cold Storage - VA-98-05 April 8, 1998 Page 2 In order to allow the rezoning request to proceed, this variance approval allows relief from Section 21.7.1 of the Albemarle County Zoning Ordinance to allow the yards adjacent to the rural areas district to be reduced from 100 to 17 feet for the existing building, and from 30 to 10 feet for the existing parking. If you have any questions, please feel free to contact our office. Sincerely, Jan D. Sprinkle Chief of Zoning Administration cc: File JDS/st I.\GENERAL\SHARE\BLD&ZON\ILEEN\VA9805AP LTR-April 8,1998 I l i APR 3I998 LEROY R.HAMLETT,JR. MICHIE, HAMLETT, LOWRY, RASMUSSEN & TWEEL, P.C. - METER MCINTOSH EDSEARD B.LOWRYGARRETT M SMITH BRUCE D.RASMUSSEN �yI WILI.IAM C.SCOTT IV RONALD R TWEEL Attorneys at Law -• - GARY W KEN DA LL l' - '------`-'- -,--JENNIFER A JONES ROBERT A KANTAS JOHN V.LITTLE Ni.BRYAN SLAUGHTER KEVIN W RYAN 804-977-3390 FACSIMILE: 804-295-0681 DIRECT DIAL: 804-980-9506 ELIZABETH P COUGHTER Comae! wrrau� JAMES P.Cox III E-MAIL:jlittle a�mhlrt.com TIIOMAS)p foI d E ROBERT W JACKSON April 23, 1998 Board of Zoning Appeals County of Albemarle c/o Department of Building Code By Hand and Zoning Services 401 McIntire Road, Room 223 Charlottesville, VA 22902-4596 Board of Zoning Appeals Action Variance Application VA-98-05 International Cold Storage, Inc. Tax Map 109, Parcel 33 Ladies and Gentlemen: We represent Otto G. Stolz and Jill V. Stolz, an adjacent property owner. On April 7, 1998, the Board of Zoning Appeals granted the variance request of International Cold Storage, Inc. ("ICS") subject to certain conditions. This letter is to request that the Board grant a motion for rehearing of the variance request of ICS pursuant to§7.1.2 of the Board's Bylaws. §7.1.2 of the Bylaws provides: A motion for rehearing may be granted by concurring affirmative vote of three members provided: a) That new evidence can be presented which, in the opinion of the Board, is pertinent to the recorded decision and could not have been presented at the original hearing or b) that, in the opinion of the Board, some condition or situation has changed in such a manner as to have bearing on the decision previously recorded. The Board shall set the date for the rehearing and shall cause notice of such hearing to be executed in such manner as is prescribed for any other appeal. The grounds for rehearing are that (i) the Board's decision was based upon misrepresentations contained in the application (a situation that should have bearing on its decision), and (ii) Mr. and Mrs. Stolz were out of town until the weekend before the hearing and were unable to present new evidence that has since been obtained as to the prior use of the property. 500 COURT SQUARE, SUITE 300 • P.O. BOX 298 • CHARLOTTESVILLE, VIRGINIA 22902-0298 Misrepresentations in the Application ICS's application for variance stated that ". . . [t]his manufacturing business began in 1975 and has remained the same since the beginning. . . .". The application also stated that ". . . this . . . parcel. . . . has been used in a similar fashion by Wayland Machinery Co. since the 1930's . . . " Staff findings were based on these representations, including a finding that ". . . these buildings have been the same size and shape since before [the County zoning] ordinance." These statements contained in the application were not correct. We disagree that ICS's business has remained the same. The type of units built by ICS has changed significantly since 1975. Instead of fruit handling equipment, ICS now manufactures walk-in coolers. At the hearing, company representatives said that they have doubled production volume at this facility in the last four years. A second shift has been added. When Ms. Stolz bought her property about 10 years ago, there was no manufacturing or permanent storage of large units outside the building facility. Now the first step in manufacturing process takes place outside. It's faulty logic for ICS to say that enclosing this work space will confer a benefit on the neighbors when ICS shouldn't even be doing this in the first place. Neither did Wayland use the property in similar fashion. Wayland made fruit grading equipment until the early 1970's. The size and shape of the buildings have also changed from those use by Wayland and since the adoption of the zoning ordinance in 1980. ICS built the concrete slab in the mid-1980's so that units could initially be stored and processed outside. ICS also built a shed to house insulation foam tanks on the back of the building at some point. The parking lot has been enlarged significantly and paved resulting in erosion and runoff from the facility. A house on the property was also torn down (which served as a visual and noise buffer between the facility and the road) so that a septic field could be installed. In short, the size and scope of the use of the property and the nature of the business enterprise have changed significantly. This is a change in character of the 1980 use of the property by ICS. The Board's decision may have been different had it been aware of these misrepresentations at the time of its prior decision. Accordingly, this is a changed situation that should have a bearing on the Board's previous decision. Presentation of New Evidence Mr. and Mrs. Stolz were out of town until the weekend before the hearing on the variance. For this reason, they did not have an opportunity to talk with neighbors or consult with counsel about the prior use of the property. Accordingly, they were unable to present new evidence that has since been obtained as to the prior use of the property that should be pertinent to the Board's decision. 25 We are continuing to review the prior use of this property and reserve the right to present additional information in support of this request. Summary For the foregoing reasons, we would respectfully request that the Board (A) reconsider and vacate its prior decision and (B) grant a rehearing of this variance request. Because Va. 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'Ie `; ..i' . • lk, r •• "� • " .�+ +n 0 IIIII • ®TM �•/�tcitti\,i COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire 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 April 29, 1998 Michie, Hamlett, Lowry, Rasmussen & Tweel, P.C. Attorneys at Law 500 Court Square, Suite 300 P. O. Box 298 Charlottesville, VA 22902-0298 ATTN: John V. Little, Esquire RE: Request for Rehearing Variance Application, VA-98-05 Tax Map 109, Parcel 33 Dear Mr. Little: This letter is to inform you that your request for a rehearing of variance application, VA-98-05, for International Cold Storage, will be considered by the Board of Zoning Appeals on Tuesday, May 5, 1998. The request will be placed first on the agenda. The meeting will be held at 3:00 p.m., in Meeting Room 241, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. If you have any questions, please feel free to contact our office. Sincerely, ait :1) 5 • la ' C . prot -- 1/ Jan D. Sprinkle �n Chief of Zoning Administration cc: International Cold Storage Attn: Gifford Childs 5678 Heards Mountain Road Covesville, VA 22931 I\GENERAL\SHARE\BLD8ZON\SHARON\98-032-April 29, 1998 aE _?i;l`IIIII • J i COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 223 Charlottesville,Virginia 22902-4596 Zoning Information FAX (804)972-4126 (804)Inf296ormation Building Code 296-5832mation T D(80,1)972-401'L 5875 (804) MEMORANDUNI TO: Members of the Board of Zoning Appeals FROM: Jan Sprinkle, Chief of Zoning Administration d��7 DATE: April 30, 1998 RE: Rehearing Request for VA-98-05 Last month you approved VA 98-05 for International Cold Storage on tax map 109 near Covesville. They had requested variances to make their er;stirig building and parking comply with the HI zoning district setbacks. They needed these variances because they have also petitioned the Board of Supervisors to rezone the property to the HI zoning district :flows their basic use. Their use has been nonconforming to the LI district that the county put on the property when the zoning ordinance was adopted in 1980. Their ultimate reason is an expansion of the existing building where the new building will meet the HI setbacks Attached is a letter from attorney, John Little, representing an adjacent property owner to ICS, Otto Schultz. Mr. Schultz is requesting that you rehear this variance request based on what he feels were a number of items that were incorrectly presented to you on the application, in the staff report and at the public hearing and You need to read thffgroundsc on ,,haute the heen rehearing is being facts represdenteddby'�e ILh you le had been our decision would be a may presented at the original hearing. ter is The only information that 1 can offer regarding the tor house insn in ulation or lnlfoan ttanksto21the back lof s1e°80 aerial photo of this site clearly shows the s main building that is claimed to have been built after 1980. Although the surface of the area of the concrete slab cannot be conclusively identified in the photo, the cleared area appears to be the same as in the 1990 photo and it is very"white", as if it were concrete, not asphalt, grass or any other surface that would photograph darker. A copy of the photo is attached. Please be prepared to discuss this and make a decision to rehear or not to rehear at your next meeting, May 5, 1998 • a� rovEN) vic a L�fic,t ``IIIII ��r J 1 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 May 8, 1998 Michie, Hamlett, Lowry, Rasmussen & Tweel, P.C. Attorneys at Law 500 Court Square, Suite 300 P. O. Box 298 Charlottesville, VA 22902-0298 ATTN: John V. Little, Esquire RE: Request for Rehearing Variance Application, VA-98-05 Tax Map 109, Parcel 33 Dear Mr. Little: This letter is to inform you that your request for a rehearing of variance application, VA-98-05, for International Cold Storage, was considered by the Board of Zoning Appeals on Tuesday, May 5, 1998. The Board ruled (5:0) to deny your request for a rehearing. Anyone aggrieved by a decision made by the Board can appeal the decision to the Circuit Court of Albemarle County within thirty (30) days of the decision. The date of the decision is the same as the date of the Board of Zoning Appeals Meeting, April 7, 1998. If you have any questions, please feel free to contact our office. Sincerely, Janice D. Sprinkle Chief of Zoning Administration cc: International Cold Storage Attn: Gifford Childs 5678 Heards Mountain Road Covesville, VA 22931 30 in(C)7 p 3L/A, „a 4eV; ,,1 .' 4 _ 1, - ` ref _.. . 9N • n_.+ , Ste' �" ,G 9 .1attic 121V ifvehrevi201/ _50-414 --VA ALBEMARLE COUNTY BOARD OF ZONING APPEALS REGULAR MEETING COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 3:00 P. I. TENTATIVE AGENDA TUESDAY, APRIL 7, 1998 • I. Call to Order — II - II Establish a Quorum III Variance Hearings 1) VA-98-04. Roger L. And Steve L. Gibson Staff Person: Janice D. Sprinkle 2) VA-98-05. Internation Cold Storage Staff Person: Janice D Sprinkle I\'. Appeal I learing_ 1) AP-9S-02. Eure Communications. Inc. Staff Person: Amelia McCulley V Old Business Appio‘al oIMinutes. \Iaich 10. 1998 \ ! '\L \ l;U� .\ppiO\al of Annual Repoit V I I Adjoui nment 1 .GENER.\L611\RE t3LD.ZON'SH\RO\ 139S.\PR7 AGX-March 31. 190S • 3a