The URL can be used to link to this page

Home My WebLink AboutVA199800031 Review Comments 1999-01-05 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: January 5, 1999 STAFF REPORT VA-98-31 OWNER/APPLICANT: Lyndi Enterprises, T/A Vintage Market TAX/MAP/PARCEL: 102/27C ZONING: RA, Rural Areas and EC, Entrance Corridor 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 variance request is two-fold: 1) to reduce the front setback from 75 feet to 50 feet (a variance of 25 feet) to allow a freestanding canopy over two new gas pump islands; and, 2) to reduce the front setback from 75 feet to 58 feet (a variance of 17 feet) to allow one of the two proposed gas pump islands under the canopy. (The other pump island will meet the 75-foot setback.) The proposal is to move the gasoline sales component of the former Thomas' Store, now called Vintage Market, away from the front of the property 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 but only 27 feet from the building to the right-of-way of Rt. 20. RELEVANT HISTORY: A 27-foot variance for an addition to the south side of this store was approved last month under VA 98-27. A request for a 53-foot variance for gas pumps and canopy was denied under the same file number. 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. With the recently approved variance, the new owner, Jamie Lewis, will be enlarging the building to 4,000sf. He would like to move the gas pumps islands away from the front of the building and provide a larger, more modern and protective canopy. The existing attached canopy is only 288sf while the proposed, detached canopy is 1104sf. (+816sf) 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. The 75-foot setback line is three feet behind the existing building so that there is no possibility of a new canopy that would meet setback and be able to be seen from the front Staff Report, VA 98-31 Page 2 of 4 -'A Date:January 5, 1999 or side of the building. Other variance applicants have stated that industry research indicates that drivers feel safer and that there are fewer cases of customers filling up and driving away without paying when they can be seen from the building. Mr. Lewis would like to install the canopy perpendicular to and 50 feet back from Rt. 20. This will make the front line of the canopy approximately 28 feet back from the front line of the store. The canopy and store then coincide for 30 feet (giving good visibility from inside), while the rear line of the canopy will extend another 16 feet behind the rear line of the store. If this variance is approved, the existing attached canopy can be conditioned to be removed (see condition #1) thereby making the store building 17 feet more conforming. There is a safety concern about entering this site. The "stacking" distance for vehicles entering from Rt. 20 and trying to find a place to go is minimal; therefore, the entrance gets blocked so that vehicles on Route 20, 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 where the gas pump island and canopy are located. Through the length of this parcel, southbound traffic on Rt. 20 is allowed to pass. Therefore, slowing or 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. Moving the gas pumps (with or without a canopy) to the south side of the building will improve the on-site circulation and will reduce the existing hazard to some extent. In the previous request, staff pointed out that this variance for a gas canopy is in the RA, Rural Areas and the EC, Entrance Corridor overlay zoning districts. Rt. 20 is also a Virginia Scenic Byway. The Vintage Market has residentially-used properties on both sides, and is in an area that has scattered residential and agricultural uses. This is not an urban, commercially-zoned gas station with a convenience store. A country store is limited by its definition in the zoning ordinance to a maximum of 4000 square feet. Other differences that need to be considered are the hours of operation, location/relation to residential and farming uses, and the lighting used on the sites. Staff has included possible conditions of approval which are intended to reduce the potential impacts should the board find cause to approve these requests. In the prior variance report, staff found that a canopy as then proposed-24' x 66'—could fit behind the 75-foot setback line. Upon closer examination, staff finds now that even with the reduced the size of 24' x 46', the circulation aisles that would be required to serve a canopy at that location would require additional grading and land disturbance. There is also evidence that a portion of the area necessary for the aisles contains septic drainfields which would push the canopy closer to the adjacent residence to the south. In our current review, staff finds that the arrangement with the canopy behind the 75' setback may be restricted by the septic field and would probably be a greater impact on the adjoining single family residence. This could be considered an unreasonable restriction. To construct any new structures, the special use permit (SP) currently being requested must be approved by the Board of Supervisors. If the SP is approved allowing the gas pumps and canopy to be moved, the circulation on the site will be entirely changed. The primary entrance, currently used for the store and gas sales, is proposed to be closed. The C IJAN'SIJANVARIVA98-31.doc Staff Report, VA 98-31 Page 3 of 4 'A Date January 5, 1999 traffic will be routed around the rear of the building on the north and will utilize the previously residential entrance on the south. These changes will impact the adjoining residential properties with or without the variance. (There was previously a mobile home on this parcel that used the southern entrance.) The question then is which pump location has the least impact on these residences? And will the canopy be more of an impact than just the pumps, or not? This is a case where the use or development of property immediately adjacent to the subject parcel does not contribute to the need for a variance, but granting a variance with conditions may alleviate a potential hardship on the adjacent property. The changes in the circulation pattern may direct more headlights towards the residence and will be pointed more at the rear windows if no variance is granted. Lighting on the canopy may glare or spillover more from the varied location because of the slightly elevated site (assuming that the new area would not be graded to quite the same elevation as the front), but may be able to be controlled by conditions of approval. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: Hardship The applicant comments that the variance is necessary because: • The location of the canopy and gas pumps 75' from the right-of-way puts it in an area where the property slopes and would require extensive grading and filling. • The traffic flow at the 75' setback would not be good because of the existing structures. Moving the pumps and canopy from the front to the side is a good idea for circulation, but is not necessary for reasonable use. Granting the variance may create a safer site and one that is more considerate of the adjacent residential properties, however, staff cannot identify any specific 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. • The canopy would be approximately 75' from the adjoining property. This situation is not unique. Every new structure in the RA must meet the 75-foot setback. The proposed gas pump islands and canopy can meet the regulation without a variance, albeit closer to the adjacent residence. 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. Impact on Character of the Area The applicant offers: C IJAN'SIJANVARIVA98-31 doc Staff Report, VA 98-31 Page 4 of 4 A Date:January 5, 1999 • The granting of the variance would make a neater and more conforming site. • The current pumps and canopy are only 10' from the right-of-way. If the variance is granted, this canopy will be removed making the store more in line with the ordinance. • If the pumps are relocated, we will no longer carry diesel fuel, so we would not have large trucks. Staff opinion is that even though the applicant has reduced the requested size of the canopy by 20 feet, the increase in size from the existing one and location of the proposed canopy may change the character of the district. This may have a detrimental effect on the rural character of the adjacent dwellings and the community in general. 2. 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 for both variances. However, should the Board find cause to approve the request for just the gas pump island, staff recommends the following conditions: 1. Removal of the existing canopy shall occur prior to issuance of any building permits (or "sub-permits") related to the new gas pumps or canopy. 2. Zoning Administrator approval of additional vegetative screening as required under Section 32.7.9.8(c) between the new pump islands and the single family dwelling to the south. 3. Compliance with the maximum lighting spillover (0.5 foot-candle) as required under Section 4.17.4(b) even if the luminaires emit less than 3000 lumens. (Our previous lighting regulations controlled spillover from any light source regardless of the number of lumens. Currently, the ordinance only regulates spillover if the initial lumen rating is 3000 or greater.) 4. All light fixtures must be full cutoff luminaires. Also, should the Board find cause to approve the request for the canopy, staff recommends the following additional conditions: 5. ARB approval of the canopy materials, colors and design, such that it will not be detrimental to adjacent properties or the character of the district. 6. This variance is for the 24' x 46' canopy structure requested in this file only. Any addition to the canopy, even behind the 75' setback, will require amendment to this variance. • C IJAN'SIJANVARIVA98-31 doc 46 4 ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM #241, 3:00 P.M. DRAFT AGENDA TUESDAY, JANUARY 5, 1999 I. Call to Order II. Establish a Quorum III. Variance Public Hearings VA-98-31. Lewis, Jamie Staff Person: Jan Sprinkle IV. Old Business V. New Business VI. Adjournment C:\i.\zoning\bzal\agenda for Dec 1 meeting.doc • MEMORANDUM TO: Bill Mawyer, Director of Engineering Wayne Cilimberg, Director of Planning Ron Keeler, Chief of Planning Division Angela Tucker, VA Dept. of Highways and Transportation David Benish, Chief of Community Development FROM: Amelia G. McCulley, Zoning Administrator DATE: December 14, 1998 RE: Board of Zoning Appeals Meeting of Tuesday, January 5, 1999 Attached please find a copy of the Board of Zoning Appeals agenda for Tuesday, January 5, 1999. If you would like to have some departmental concerns addressed in the staff recommendation, please contact this office by noon on Tuesday, December 22nd. If I do not hear from you, I will assume no input is desired. AGM/st Enclosure cc: Frank A. Kessler Marcia Joseph Tim Michel Bethany C. Puopolo Rudolph A. Beverly TO: FAX: dhubbard = 978-7223 Email dhubbard@dailyprogress.com FROM: Albemarle County Building and Zoning Dept. 296-5832 RSVP Please $CLOACITIS, Public Hearing January 5, 1999 ...The Albemarle County Board of Zoning Appeals will conduct a public hearing on the following variance request on Tuesday, January 5, 1999 at 3:00 PM, in Meeting Room 241 , 2nd FI, County Office Building, 401 McIntire Road, Charlottesville, VA:\qlr\ VA-98-31 (Sign # 8) Jamie Lewis, applicant (Lyndi Enterprises, owner). Located on the E side of Rt. 20 approximately 5.1 miles S of inters with Rt. 742, Avon Street. Tax map 102/Parcel 27C is zoned RA, Rural Areas. The request is to reduce the front setback from 75 to 50 feet to allow the relocation of the gas pumps and addition of a new canopy on the side of the expanded building.\glr\ All applications are available in the Albemarle County Building Code & Zoning Services Dept., Rm. #227, County Office Building prior to the public hearings. Reasonable accommodations will be provided to persons with disabilities. Requests should be made to 296-5832.\qlr\ Bill to: Albemarle County Zoning Department 401 McIntire Road Charlottesville, VA 22902-4596 Account Number A1345 Date: December 11, 1998 Date Run: December 21 & December 28,1998 (:\zoning\bza\ad for Jan 5 meeting.doc \ a,(_, t, , o r 4c' i .,\• 11 I: 1131M" 4 ti •ci la / 0 ,,,c) ,� \ /. � • - ��' Alf -no►l /g 0✓ ✓/ /vE —ip,. - .,- 1 t r G .... 'me-. .... VINO. IMO `�' 1 C,, I .ij'.' i if , ummilms 7 ..... , . 1 D ! STo j� sp,—T ,� -,,� te-,_ - - -- - ---__---_mow--ii --_ice►- i -- _,— .r . 1� 1 \1 _ E 25 r ,,,, i , p, An -::„..‘....„. _-- - �` -1-- t1C i'd 2.) \ 1 sit aRY L Z"' pf f u �j� 1 \ ( a \ / __..,/ , t i - .............._<'1 -i i •�ioPy I i 1 , -.__/,_....:_ .- 1f _ - _1 vir , ----) \ _ 1 . _ - .- -- - / ) ii ' / t\ G rus 5 r) reeck --ri • . _ _ -- \./ . 7 IC _,, -a ,1 ) , ,,i,' \ii, I., .._ .._' -=-.... ei 35 D:,C L--//57-/v6 �.v'i. 144D )r'tic kV y E",vr r die \\I / . Ni>-- WI ,air , ......„, an.) :. 1 � / ` Pi I . < jfjIJIjQ %)/ N Niikt: z akell 2 N7.--- "‘ ° :7 r!, 7/.1" :4:` 7 415). r0 c / 74. ( ////. 7 l'........Ls:.4' 1 . ‘,, Lr) in ":/111------- 14.....4%.*X to . (L v /7 4 )3 \\111%. \sk.. r , . 4 4r rt,. cz. in! C11)•i / . . c, / /110k.1 V \41111.)12/, // / � cv ll ( , i o N �! \*_.t4,-: i ti N N /. 7\ / _ ' ) , ,� ` ��.� N ��ZZ/ /".""*"...„......... 'X,,,\\ '1./5\\ - --.../ +,>. . N N %.:4 A ' 1 4.......'7 _ ,, ..," . 6,�Qi co ,� %,...\\ erl -------4> co, ....- COor 1 — U Y](� ., ...\. II. — 14L- .›S / 4441 / . : • 1 • 1 .r L___. . . . _ _. -, 1 O V M ./ 7 d' -� % X� "` J .T ..... .�Tv. ... :. �g ..... ..r _. .. . . & e.. .. . � .a.:... 4 $gi , k+. .--: in Y `?1 . • :+s.. _ ... ._ �a ;ram x._" :�. .,. .,.,t.k r 1,.:: . -.- - .�_..� .. : .. .-.. 4?:�„ �,. '"-s . s .... ,..-._, .. .f _ en,.. .�.... ,,. ...• .. �. w.,.n ,wY 4 f i'(1Y1.�:..v'Y•rs�6+rt!- c':1N6.4�,.. .��u. ,., ,e,. �a < .}3 .,w �.s}a'u.- �: l 4 r .; 8._ .•SSc. 'R « fP. ,- _ a ,a , - "-t 'i .- X ( I OT 1 Nih C A t • ATE ROUTE 20 v,\ � N49 ' 07 ' I I "w l' , N39 ' 0 I ` 00 4 L Iv 5 . I I ' / TP Mi: � ,r� '5 EC�4E o� F'P+vftACt�T S ��,,��t - a �n TP f� ••• •`� ,,,Tiim. `` Y 1 OMB s. `r I F '\ MF/ \ "-:\.5;... 1 c_......., i , ,. ,,- A ! ,. r\I '\:511 .., 7 Oa ' 0 4 " E N> \\N'-'3:-::;-'''c9i, -..,-,_„„7.),THro..,....‘./ „...... 104 . 85 ' ,---- 6' \ �` crs c" i N /11(- - r; t k ...\ . \,. ,.-i:j, \ ,(:)- au: L D i tg; II-3- ,, ' it „:-:- ta5w' \'', Iv 1 lei i . m ;:, v; ..--i wl3z ; om ?--- \ \ :_. i _ 1 1 , , i dRAVEL // �- '\.. C) '. BLOCK ti n --i i J"A.k \ \ PUMP PP HOUSE ' -4 cv N 7_ l In is, . _ ` id jto CV � r 51 '� � UVs4' Saf3 in Q c , Y I ESUILDic4V5 i+• Z ..2)---- 0 \\ LP I:, = cv LEI, cD IN) LP / ‘4111frD4LL i N 0 WE L L .- r— . _ L i‘or) toOff-/ - . 0 WE L.L r. vt..........3 w a a 0 ALUM 4 NUM .2400W A T. SEPTIC TANK SHko trz rim \ ir- TAX MAP 102 PARCEL 27 ,, 7 77OA1 ' Z " eitN o �� * Orr *Mie7.:�A4c4(i 1 \ ________________. , . 1 EXISTING 1 1-1/2 STORY BLOCK 1 DWELLING 1 1 75 ' 551- \ 1 i.:,------, 1 \ \ -2\. oir .-. LH \ „„:7,, cA b , :- -'.- 1, : ' 147 , - r I 1' ., i , .... . ..., 7�! /SQL 14' ADDITION ,... , . ,: i 1 i ,:. .. .. , . 1 rill \ \ 1 2' \ 0 0 0 ,-.::. . , :, -. 1 , 16,..A._ ...N._ - ..... . __I-N.,. 1 EXISTING ADDITION. t t 1-STORY A BLOCK 10► BUILDING — \ L 1 VI 1 Z. 101 \ e • Iilia III7 1 I NEW 8,000 GALLON TANK alreaw , '\. -- \ .. \ \\; \, ' ____T-- - ,-, - i - - / ---- 50' - 50' O O ____ - STATE ROUTE 20 viir._ 9 8 i Z 7 kPI Z) r / v4E:- U-4 I 13�cr-, I D 13 01 L Dt 0 CYCI r p A 'Ar �, C 4-G Z9