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HomeMy WebLinkAboutVA199800027 Review Comments 1998-11-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: November 4, 1998 STAFF REPORT VA-98-27 OWNER/APPLICANT: Lyndi Enterprises, T/A Vintage Market TAX/MAP/PARCEL: 102/27C ZONING: RA, Rural Areas ACREAGE: 1 .9 LOCATION: East side of Rt. 20 approximately 5.1 miles south of its intersection with Rt. 742, Avon Street TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 75-foot front yard for all structures in the RA district. The request is to reduce the front setback from 75 feet to 27 feet to allow an addition to both the side and rear of an existing country store, previously known as Thomas' Store, now trading as the Vintage Market. A second variance is requested to reduce the front setback from 75 to 18 feet to allow a freestanding canopy with three new gas pump islands to be installed on the south side of the store. The variances are 48 feet for the store additions and 57 feet for the new canopy. RELEVANT HISTORY: There are no relevant files in planning or zoning on this property. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Lyndi Enterprises purchased this property on August 14, 1998 with full knowledge of our setback regulations. 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. A country store with gasoline sales has been in operation on this parcel since the 1940's. Mr. Lewis, as a new owner, wants to increase business by enlarging the building from 2,596sf to 4,118sf, and adding more gas pumps islands with a larger, more modern and protective canopy. The existing attached canopy is 288sf while the proposed detached canopy is 1584sf.) The original store building was built prior to zoning (1943) and is located towards the front of the lot approximately 27 feet from the right-of-way with the attached canopy only 10 feet from the right-of-way. The gas pump island is arranged on the outer edge of the canopy so that vehicles on the building side are covered but those on the road side are exposed to the weather. Mr. Lewis has already been working to improve this property. He has removed an old mobile home, the power pole that served it, and two old sheds. He has also added gravel to an area that improves on-site circulation and has painted the building a pleasant neutral color. Mr. Lewis has stated that another of his goals is to replace a Staff•Report VA-98-27 Page 2 November 4, 1998 safety feature of the underground tanks. He can do all of these by right with no governmental action needed. The store addition is proposed to be in-line with the front of the existing structure and no closer to the right-of-way of Rt. 20. It is proposed to add 12 feet on the south side and 14 feet on the rear of the store. The 75-foot setback line is three feet behind the existing building so that there is no possibility of an addition that meets setback. If a new detached canopy is approved on the south side of the store, the attached canopy will be removed thereby making the store building 17 feet less nonconforming. As it is currently written the Zoning Ordinance requires additions to buildings built prior to zoning to comply fully with the current regulations, such as setback. As the Board is aware, staff has drafted a ZTA which, if adopted, would address situations such as this. As presently proposed, the revised regulations would allow the addition provided it does not further encroach on setbacks. The gasoline sales component of this business is proposed to move to the south side of the building where there is more room. (There is approximately 170 feet between the existing building and the southern property line.) Mr. Lewis would like to install a new canopy, perpendicular to and only 19 feet from Rt. 20. However, he has agreed that he could install it in-line with the store so that it would be 22 feet from R/W, needing a variance of 53 feet rather than 57 feet, as advertised. There is a safety concern about entering this site. The "stacking" distance for vehicles coming off Rt. 20 and trying to find a place to go is minimal; therefore, the entrance gets blocked so that vehicles trying to turn in cannot get onto the site. A large number of the vehicles visiting the site are pickup trucks which quickly fill up the front area with its gas pump island and canopy. Through the length of this parcel, Rt. 20 has a passing lane for southbound traffic. Therefore, slowing, stopping to wait for the northbound traffic and the very act of turning left are all contrary to the actions of the traffic wanting to speed up and pass in their rush to destinations further south. The section of Rt. 20 from Marshall Court, south to Rt. 708 is one of the top ten crash locations in Albemarle County. Opening larger areas to vehicles and improving on-site circulation will reduce the existing hazard to some extent. It is notable to mention that this variance for a gas canopy is in the RA zoning district. This is not an urban, commercially-zoned gas station with convenience store. There is a difference that needs to be considered. Typically, the gas stations and country stores in the rural areas district are smaller, open fewer hours and have less lighting on their sites. Country stores generally serve the rural population of our county by providing different types of products than you find in an urban convenience store (e.g., vegetable seeds, onion sets, boots, or tools.) The Vintage Market is surrounded on both sides by residential properties, and is in an area that has scattered residential and agricultural uses. C•IWINDOWSITEMPIVA98-27 doc Staff.Report VA-98-27 Page 3 November 4, 1998 In examining the site, staff found that a canopy as proposed-24' x 66'—could fit behind the 75-foot setback line. This would require the canopy to run parallel with Rt. 20 and to be eight feet farther back than the rear of the existing building. Although visibility from Rt. 20 is compromised, this arrangement would meet the ordinance without variance. Parking and circulation could be greatly improved by moving the gas pumps to the rear of the site. These issues will be addressed at the time of special use permit and site plan review (both of which will be required for the proposed construction.) NOTE: Staff commented in a recent variance report that the frequency of gas canopy requests did not warrant staff proposal of a change in the zoning ordinance. However, since this is the fourth request in 1998, we are working to include language that would address at least some canopies in our current rewrite of Section 6, Nonconformities. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: Hardship The applicant comments that the variance is necessary because: • The gas pumps are currently located adjacent to Rt. 20S. Traffic into and out of the site gets backed up onto Rt. 20. • The new location of the canopy and pumps would give more pull off area and better entrance and exit. The expansion of the store may be a good idea for increasing business and profitability, but is not necessary to have reasonable use of the property. Similarly, moving the canopy from the front to the side is a good idea for circulation, but not necessary for reasonable use, especially since the canopy will fit on the site behind the setback line. Staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • This is a nonconforming country store. • It is in a residential area. This situation is not unique. Every new structure in the RA must meet the 75-foot setback. The proposed gas pumps, islands and canopy can meet the regulation without a variance. Regarding the store expansion, there are frequent requests for additions to structures that do not meet the front setback in the RA zoning district. These are not unique. 2. The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. C:I WI NDOWS I TEMPI VA98-27.doc Staff Report VA-98-27 Page 4 November 4, 1998 Impact on Character of the Area The applicant offers: • The granting of the variance would make the structure more conforming to the ordinance because if allowed, the existing overhang on the front and the gas pumps would be relocated. This would make more setbacks from Rt. 20. • The main entrance into the store would also be relocated to the south side of the building. Staff opinion is that the increase in the size of the canopy and the increase in the size of the store will change the character of the district. Vintage Market is proposing to be a more sophisticated, urban type store. This will have a detrimental effect on the rural character of the adjacent dwellings and the community in general. 3. The applicant has not 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 none of the three criteria have been met, staff recommends denial. However, should the Board find cause to approve the request for the store addition, staff recommends the following condition: 1. This variance is for the addition proposed in this file. Any future additions closer than 75 feet to the right-of-way will require amendment to this variance. Should the Board find cause to approve the request for the canopy, staff recommends that the variance be for a maximum of 53 feet so the canopy can be no closer to the road than the store. 2. The canopy shall be a minimum of 22 feet from the R/W of Rt. 20. C•IWINDOWSITEMPI VA98-27.doc