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Home My WebLink AboutVA199800016 Review Comments 1998-07-07 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: July 7, 1998 STAFF REPORT VA-98-16 OWNER/APPLICANT: DAVOLD Partnership TAX/MAP/PARCEL: 61W / 02-B1 ZONING: C1 ACREAGE: 1 .028 LOCATION: Southeast quadrant of the intersection of Rt. 29N and Westfield Road TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 21.7.1 , Minimum yard requirements in a commercial district which states, "Adjacent to public streets: no portion of any structure, except signs, shall be erected closer than thirty (30) feet to any public street right-of-way." A variance of 22.2 feet is requested to allow reconstruction of the drive-in window and canopy to extend to within 7.79 feet of the property line which is the public street right-of-way. RELEVANT HISTORY: There is no relevant history in either the files of Planning and Community Development or Building Code and Zoning Services. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property is approximately the same size and shape it was in 1964 when the building was constructed. It is neither exceptionally shallow nor narrow, nor does it have any exceptional topographic conditions that would effectively prohibit or unreasonably restrict the use of the property. The location of the building as related to Westfield Road is the only thing that restricts the addition of the canopy and drive-in windows. There is an existing canopy that covers two drive-in windows (one in the building and one "booth" on the island.) That canopy extends 15 feet into the setback. The new canopy is proposed to extend 22.21 feet into the setback. With the proposed changes, there would be no "teller booth"; only two smaller islands with the outer edge being approximately 12.75 feet from the property line. These changes allow the bank to have three lanes where two existed, by extending only an additional 7.21 feet into the setback. The following table illustrates the differences in the existing nonconforming structure and the structure proposed under this variance request. Canopy Edge to R/W Island Curb to R/W Existing Nonconforming 15 feet 16.75 feet Proposed wNariance 7.79 feet _ 12.75 feet Additional Extension 7.21 feet 4 feet into Setback The proposed structure will appear smaller since the teller booth (which is 7 x 10 feet of solid brick from the island to the roof) would be replaced by a narrow island and a modern pneumatic tube extending to the building. The second island would contain an Automated Teller Machine. The proposed canopy is an architecturally detailed flat roof supported by wooden Doric columns that have 30-inch high brick bases for protection from automobiles. The ARB has already granted preliminary approval of the building plans. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff are as follows: Hardship The applicant comments that the variance is necessary because the present north side drive-up allows only 2 drive-in lanes and efficiency in transactions as well as traffic circulation would be better served by 3 lanes. They believe the existing north side location is the best because: The existing drive-up teller window can be reused; • The drive-up facility cannot be located on the front; and, • The drive-up facility cannot be located on the rear end of the building since there is not enough room for teller lanes and a bypass lane, and this would require remote, non-personal video linkages. Locating the teller lanes on the south side of the building would: • Require relocation of the teller window; • Cause stacked-up teller lanes to impede ingress from Route 29; • Require removal of existing parking along the southern perimeter—zoning setbacks would not allow the parking to be displaced on the north side; • Require modification of existing bank vaults and partitions within the structure; and, • Incur significant costs associated with parking, vault, partition, and teller windows relocations and modification. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. All the reasons listed above are valid reasons if any use of the building absolutely required three or more drive-in lanes. However, the bank has reasonable use of the property with the existing structure and the existing two, legally nonconforming, drive-in lanes without this variance—if the Board of Supervisors approves the special use permit for the drive-in facility. The hardship of the placement of the building was caused by the predecessor in title and was self-inflicted; not related to the special conditions of the property. 11COB_11VOL31DEPT'Building&ZoninglReporfs\VA98-16.doc 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The location of Albemarle First Bank on a corner lot imposes two 30-foot setbacks— the north side setback is on Westfield Road, an infrequently traveled 2-lane street. The existing north side drive-up teller area is the best location on the site. Of eight banks within one-half mile in either direction on Rt. 29, staff found only two on corners and one of those is in the city. The other is a new building under construction which complies with the ordinance. This attempted remodeling and retrofitting of a new modern bank in an old existing building is unique in this area. 2. The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Impact on Character of the Area The applicant offers: • There will be no detrimental effect to the Texaco property on the south, nor to the vacant parcel to the east. The removal of the bulky drive-up canopy "structure" and its replacement with an open-air post supported canopy will significantly improve the visual character, and make it more "transparent". Furthermore, three lanes in lieu of two will improve on-site traffic circulation Staff agrees that the further encroachment of an additional 7.21 feet will not change the character of the district. 3. The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since only two of the three criteria have been met, staff recommends denial. However, should the Board find cause to approve the request, staff recommends the following condition: 1 . This variance is for the addition proposed in this file. Any future additions closer than 30 feet to the right-of-way will require amendment to this variance. \\COB 11VOL3IDEPT\Building&ZoninglReports\VA98-16.doc / . - tv�`-- - / `. 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