HomeMy WebLinkAboutVA199800010 Application 1998-04-07 County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
�,�^ (804) 296-5875 FAX (804) 972-4060
VA- CIS HD DATE: SI' 7//
- 7-9r
FEE: $95. 00 FA---- 1/07 7 STAFF:
51 It 4o 4 (, VARIANCE APPLICATION
OWNER (as currently listed in Real Estate)
Name kAm„,, C- . �� . Phone r-j-10)
AddressR b.Ro k- 0"\ �(`C\c�S ate.�a� . �o..
APPLICANT (if different from above)
Name 4-tcz,1�G ,S��c��o� Phone (ibZi-d c1c65$103
Address \\Efl
XJs�
CONTACT PERSON (if different from above) �PXYI� t70t - 1 III
Name . -M s-\tmv-• Phone (10Li)c\aS-8`'o3
Day Phone (itakk\)
Address LOCO ‘ _1.3��\--- V%-
LOCATION:�10O ''
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET.
OFFICE USE ONLY ' 116 Cti(A )
TAX MAP a.42 , PARCEL AA ; TM , P ; TM , P
ZONED: !1� ORDINANCE SECTION: (2/, -:MA
ao
Board of Zoning Appeals Date: /_/_ '5�-��` ��
( ) Special Permit (Xi Variance VA-(g_i -143
( ) Proffers \IA ,78 _[f 1 VA -? -SO
i
BZA ACTIPN: a
CMP
VA-98-10. (Signs #40, 41, & 42) Adnan M. and Brenda J. Yousef, (owners); Shannon D. Herring,
(applicant), T/A Herringbone's Deli & Grill. Located in the northeast quadrant of the intersection of
Rt. 250/Rt. 240 near Crozet. TM 56 Parcel 32A is zoned HC, Highway Commercial. Request to
reduce the front setback from 30 feet to zero to allow the addition of a canopy over the existing gas
pumps.\qlr\
. e
SEE ATTACHED
DESCRIPTION OF REQUEST:
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
411110
3) That the authorization of such variance will not be of
substantial detriment to adjacent property and that the
character of the district will not be changed by the granting
of the variance.
The application may be deferred by the staff or the Board of
Zoning Appeals, if sufficient information necessary to this review
has not be submitted by the deadline.
I hereby certify that the information provided on this application
and accompanying information is accurate, true and correct to the
best of my knowledge and belief.
tl u- 6 - cl
Signature Date Receipt# •Date
TO WHOM IT MAY CONCERN:
Enclosed please find a variance application, plat, copy of deed with property description,
justification statement below, drawing showing all existing and proposed improvements on the
property and photos of canopies which have previously been approved.
Description of Request:
A 30 foot variance, to locate a canopy 0 feet from the Route 250 right of way.
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1. That the strict application of this ordinance would produce undue hardship:
The property has been used as a convenience store for over 25 years as well as a
restaurant before that time. The store predates the 1969 Albemarle County Zoning Ordinance.
All we want to do is cover the existing pump area. The only other alternative would be to
demolish the existing store and this is not financially possible. We would need for this variance to
be granted in order for my business to be competive with other businesses in the area. The
canopy would provide the convenience of shelter during inclement weather to my customers. It
would be an advantage to the elderly persons using my facilities.
2. That such hardship is not shared generally by other properties in the same zoning
district and the same vicinity:
Other businesses in the county who have received similar variances for canopies are
Belaire Exxon, Route 250 West, Trading Post,Route 29 South, Shadwell Market, Route 250
East, Rio Superette, Route 29 North, and The Ridge Mini Mart which is located within 1 mile of
my business. Due to the fact that a canopy provides convenience and comfort in inclement
weather, I feel persons having a choice as to whether to purchase gas under a canopy as opposed
to purchasing gas without any cover would of course prefer to have the advantage of staying dry.
Therefore if not granted a variance I would not be able to be competitive in my gas sales.
3. 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:
Due to the location of my business the granting of the variance will not affect any adjacent
property and will not be detrimental to the character of the district.
I hope you will consider my request favorably as I feel it will be an added convenience for
everyone patronizing my business.
APR 91998
I / r
I
- -, -
II
- ,
1,11r...,
r 7 -
4.
4 -Oa , ' Yek,
h 11
t
. r1
. ...-
) 101
I", •
„....
o
i 1 Ea
I i 111 4:1
II 4
ii) (t, I,104 Le.;I 01111
• 4•
c) '(fin
Ic4 (6 / ,
Ea ._ te
0 (j\ III
0
,,. . • ,A ft
.60 al
(t) . 'II i..2147...111 ...ii m
e '•
4 I. ...
\
"N- ..
'Sit.
I
. ..
1
I
......* 1 '.---
11
4 .
•
e
t r 1
CITGO
401'
Ima SENN.
Itt ,..11:-',,,
. ..
1 . .
.... 4.‘...
,..4.9.'' .' ' . • I ' .;•• ,,,'.1* ..m.
7. le 1.1".'"• ,, .,'' - xr 1 ... ..... ....ii.C.
iirlt.; . . ,,. "'. i .4 ,01,,,',,• ,
1*.. -F1'''CIA • ' - ': -:
'' ..-
. .-
. •1' :'• .'7 ir':NRIP-1-: ' 7 ____----
• Serve
eI'F':
• - -. " , ''..14o . • • •1 '.(1, , ' 4, 11 ••••••
'':,,' * '
' a .4, •,. .0' J ' ,
__,._ •..
. MI : '1 •..)1. I ^ - .'.
-7••
ltti? -,...;...,,, i •••I a I / I; . ,. .r4,1„. 7p.:.....m..mm. .....,...s,
.._......0„
1% M 4's t, . '' - .7 I 1.1aidit-
-- I
---- WA II-
Aulli
roolit_----
dirw401
. ft....
-"1
r-17r,
.....-42....___.
111\. II 0 0
II. 0 • AP
• • •
--f-
IIII ..-- ,•':-'n_ - Ai fr" OP'..!?%f.
0 41
s f°
P. .
1111r• ,
am. - _ •
—---- _.
.-.....—
i--,--) . .----
'----Vvl::zLs._s.__._..t.__ ----'ao.. --\--. 4:---Vs,..j., V,,CJZIA.. %::. •
1
i1 FRAME BLDG.
COUNTRY STORE
i
ASPHALT
l
ASPHALT OVERHANG �/
•
4O
CANOPY
24 ` ' i
PUMP ISLAND 1
250 RIGHT OF WAY
GRASSY MEDIAN _-- . —
n
,lam_ ` i
;
ROUTE 250 t e Ii
�'`it
ii(i L.)
•
NOTE: R.O.W.Margins of U.S.ROUTE 250 and
ST.HT.240 warn established from plats
_ _ a1 record and physical pavement centerlines
and are subject to R.O.W.as shcwn an plans
for U.S,ROUTE 250 Project 7B0 A 2
'kit
w a,
o
o W
ia
SBB2720 £�174.87 _ `"' yv +�' al 4+ "
, $B3 50'00"£ - .t - V •N o _ STATE /47.35'VI
,� !a M
;g-
in _ ROUTE T51 -- U�EASEMENT
4.
,d IIT. M. 56- 32 \ to
•
R 401$ Old km I.563 ACRES cc
Pipe le Rp d \
+ round
13 Sol!!quo, ti
fn in
s rn 55.00 T.Al. 56- 34D tiej� 1 •
ti w) to '1. 5 84 07'40"E M f
`Z o V 0.110 ACHE
1U Iron sal d 1G �. 5 05 02'20"W /
._ z , j1% 'h -y T. M. 56- 37 O. J96 ACRE 3.5.00• DH 526-990 i
�, ses 2830E b_ 6 I +�
• N O.239.AGftE ( O.l02 AG. Plaf 0 o O/
�r• , 62.60. 1,,,,i D8 276-244 Plo! S 39 07'40"[ p'. / Sn
;. • se 2(2.78' D
O. Iron
5R e5.
47.33'
Se O set N B5 43%0"W 13219' �J
4 NBT34%0"ty . 4$'c' /
iron N$67.4!10"W — -
— sa/
U. S. ROUTE 52 0
of
•
.-l.1.11lnu� PLAT SHOWING SURVEY OF
q�V 17�J.fd,l i�r,,.
���fff zJ, THREE PARCELS OF LAND OWNED BY
u VIM. f ORRIS FOSTER ADMAN M. 8 BRENDA J. YOUSEF
',:r 54 13 3;a1933 5 1
j;. a173(bun Jw Situated at Brownsville in the i
L^�' S`' White Hall Magisterial District of
ALBEMARLE COUNTY , VIRGINIA "
W. MORRIS FOSTER SCALE:1"= 60' Sept. 8, I98B
Land surveyor -
Nellystord,Virginia REVISED 9-26498
4"4,CIZ
11111
E.,,K 9 :x 5 PAGE'16 9 0 UUf;titif)
THIS DEED made this 22nd day of June, 1987 by and
between LYNWOOD W. SANDY, JR. , and WILLIAM R. SANDY, (each's
wife executing with their respective husband to release
their respective interest of dower be it ever in e' xstence
or not) , ("the Grantors") and ADNAN M. YOUSEF and BRENDA
J. YOUSEF, husband and wife, ("the Grantees") , for tax
purposes the mailing address will be P. O. Box 71, Crozet,
Virginia 22932.
WITNESSETH
FOR TEN DOLLARS and other valuaole consideration
receiot of which the 'raptors hereby acknowledge, the
Grantors hereby GRANT, BARGAIN, SELL AND CONVEY WITH GENERAL
WARRANTY OF TITLE and ENGLISH COVENANTS OF TITLE unto ADNAN
M. YOUSEF and BRENDA J. YOUEEF, husband and wife, as tenants
by the entirety with full rights of survivorship as to
common law, and not as tenants in common, all that certain
lot or parcel of land together with improvements thereon
and appurtc.oances thereunto 1-nown as Tax Map 56, Parcel
32, of the Albemarle County Tax Map, Samuel Miller District,
located in the northeast most corner of the intersection
of Stata Routes 250 West and 240, being less or more than
2 acres of land, and being in all respects the same land
part of a tract of 51 acres conveyed to Lynwood W. Sandy
by instrument of deed dated August 5, 1935 wherein R. S.
Goodman and wife conveyed to Lynwood W. Sandy said 51 acres,
Deed Book 228 at page 436 of the Clerk's Office of Circuit
1111111
9 l 5 PacEO 6
Court of Albemarle County, this parcel here conveyed being
off and residue of said 51 acres, first conveyed off of
said 51 acres being 31/10 acres by Lynwood W. Sandy to W.
and wife
A. Young/ as described and recorded in Deed Book 312 at
page 391 of said Clerk's office, the residue being this
2 acres, more or less, being in all respects the same land
Lynwood W. Sandy conveyed a life estate interest to his
wife, now deceased, and upon her death, the remainder in
said land be conveyed jointly to his sons, Lynwood W. Sandy,
Jr. , and William R. Sandy, instrument of deed dated June
5, 1948 as re,.. rded in Deed Book 288 at page 189 of said
Clerk's Office in fee simple.
Lynwood W. Sandy, father, and Merle E. Sandy, husband
and wife are now both deceased, and, by operation of law,
the above said described piece of land with improvements
and appurtenances thereto became seized to the said Grantors
in fee simple.
This conveyance is made subject to all restrictions,
easements, rights of ways, and covenants of record.
In execution hereof, note the Grantors signatures
and seals.
Y OOD W/SANDY, R. 1 -
JEAN�,i !t `4 _
. SANDY c
-2-
9 r. 5 PACEl) 6 5 2
WI R. AND
le,, J /
Pam'• ' S. SANDY
NOTARY
^ubscribed, sworn and acknowledged before me by
Lynwood W. Sandy, Jr. and Jean W. Sandy, husband and wife
and William R. Sandy and Peggy S. Sandy, husband and wife,
this 22nd day of June, 1987.
ILJ�,n
NOTARY PUBLIC
My Commission expires: July 15, 1989.
-3-
;r.!K 9 4. 5 PACE) 693
INSTRIPENT MISER
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT CF ALBEMARLE COUNTY:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, ADMITTED TO RECORD
ON -1 rc , 19$? , at ` e- O'CLOCK 9 M
STATE TAX $ : 31j. 0a (039)
LOCAL TAX $ y s. Od (213)
TRANSFER FEE (212)
CI CLERK'S FEE $ /4) . (301)
Sec.58.1-502 TESTS:
STATE TAX $ L J •0 0 (038) SHE BY J. MARSHAL L, CLERK
LOCAL TAX $ (220)
LOCAL TAX $ (223) BY: AP
TOTAL $ •cc:
Mr. Dick stated the ultimate result would be a sign consistent
with the scenic highway.
The motion stood as previously made by Mr. Smith receiving a
second from Mr. Roberson. Mr. Smith also stated this variance was
granted to Mr. Yousef and could not be transferred to another lesse
or to the owner of the property.
Mr. Bain - Yea
Mr. Heath - Yea
Mr. Smith - Yea •
Mr. Roberson - Yea
The next public hearing was VA-78-42, John and Martha Johnson.
Mr. Dick read the staff report at this time.
VA-78-42. John and Martha Johnson, property described as Tax Map 71,
Parcel 12, Zoned A-1, Acreage 5. 116. Applicants request relief from
section 2-2 of the County Zoning Ordinance requiring 2 acres per unit
to allow 2 single family dwellings and a non-conforming mobile home
on 5. 116 acres; a variance of .884 acres. The minimum lot area for
single family dwellings shall be two acres, except in the case of
unusual soil conditions or other physical factors which may impair
the health and safety of the neighborhood, in which case upon recommen-
dation of the City-County Health Office, the County Planning Commission
may increase the lot area requirements.
The staff recommends approval of the plat diagram showing the house
locations as submitted. The density violation occurred due in part
to a faulty county inspection two years ago. The following conditions
are recommended:
1. The mobile home on parcel C be removed within 120 days if the
present tenant should lease.
Mr. Dick stated the Planning Commission had indicated they will
approve the request subject to a variance.
Mr. Dick stated the mobile home on parcel C would have to be removed
if the present tenant should move.
John J. Johnson, Jr. was present to represent the application. He
stated his father left the land to them. It was surveyed in 1973.
Mr. Johnson stated his father died in 1974 and the land had not been
put into the children's name.
-5-
Mr. Dick stated the feeling of the staff was that the variance
was merited because of the safety factor and because Mr. Miller could
not obtain a permit from the Highway Department to cut the tree.
Mr. Roberson suggested a time element be set in case the tree should be
removed or if the speed limit be lowered since the General Electric Plant
will be nearby.
Mr. Roberson made a motion to grant the variance for a period of
one year because the tree may be removed some time in the future.
Mr. Bain seconded the motion.
Mr. Bain - Yea
Mr. Heath - Yea
Mr. Smith - No
Mr. Roberson - Yea
Mr. Miller was informed that he must re-apply one year from this
date.
The next variance application before the Board was VA-78-41, Adnan
Yousef.
Mr. Dick read the staff report at this time.
VA-78-41. Adnan Yousef, property described as Tax Map 56, Parcel 32A,
Zoned B-1, located at intersection of Route 250 and Route 240. The
applicant requests relief from section 18-3-1 of the Zoning Ordinance
to allow a free standing sign to be erected; a variance of 145 feet.
The applicant placed his signs on the site before this hearing since
he desired to open his business on August 1, 1978. He understands
his signs are subject to this Board's decision. Please find attached
the Zoning Ordinance requirements for signs on the scenic highway.
Whatever the Board decides, the applicants will have to follow the
Zoning Ordinance procedure. Therefore, at issue is simply the set-
back conditions as to the type of sign or structure can be imposed
by the Board.
The site was once a restaurant. The staff recommends approval with the
following conditions:
1. Compliance with area requirements and the Board will not
entertain a variance for area.
2. The free-standing existing sign shall be replaced in 6 months
with an approved sign as provided for in the Zoning Ordinance
and the sign be made out of wood or similar material. The
sign can be lighted by an overhanging or ground light not
offensive to traffic at night.
3. The roof sign shall be removed in 30 days as it is in violation
of the Zoning Ordinance. (Roof signs are not allowed - wall signs
are., )
-3-
• 1
Mn Adnan Yousef was present to represent the application. He
stated he established his business August 1, 1978. He stated one
would drive right by his place unless you were looking for it. He
stated the sign would be 40 feet from the center of the road.
Mrs. Martha Seldon, Scenic Roads Committee, was present to
express her concern for the precedent for having signs in the new
area of 250 west which will be under pressure for development. She
stated they did not want a precedent to be established through that
area.
As there was no one else present to speak for or against this
application, the public hearing was closed for action by the Board.
Mr. Roberson stated the area is B-1, set aside for business, the
building as it exists is not in compliance with the present law. He
further stated that the law also allows the businessman a free-standing
sign.
Mr. Dick stated the staff recommended a sign consistent with the
scenic highway; the coca-cola is not consistent with the scenic highway.
He stated the Board of Zoning Appeals had to decide if the setback variance
would be allowed. The sign would depend on the discretion of Robert Tucker,
Director of Planning. If the setback is approved, then a sign structure
would have to be submitted and approved.
Mr. Smith made a motion to grant the variance of 145 feet
Mr. Roberson seconded the motion with the stipulation that the signs
be erected according to the specifications of Robert Tucker, Director of
Planning.
Mr. Dick stated the staff recommendation of replacing the existing
coca-cola sign with an approved sign in 6 months was given because his
money situation at the time was tight. Staff felt Mr. Yousef would
know if his business was going to be a success after six months.
-4-