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Home My WebLink AboutVA199900017 Review Comments 1999-08-03 STAFF PERSON: Amelia McCulley PUBLIC HEARING: August 3, 1999 STAFF REPORT VA-99-17 OWNER/APPLICANTS: Thomas Harkabus & Alan Wetaz (owner/applicant) T/A Boyd Tavern Market TAX/MAP/PARCEL: 94/28C ZONING: RA, Rural Areas ACREAGE: 3.13 acres LOCATION: on the north side of Rt. 250 east approximately '/4 mile east of intersection with Rt. 616. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 4.15.12.1. This is in order to have a second freestanding sign, allowing the Boyd Tavern Market sign to remain with the BP gas price sign. The zoning regulations ey f limit the number of freestanding signs to one. II "arLThe Market sign is about 30 feet from the center of Rt. 250. There is about 3.5 feet r"between the two signs. The signs are approximately 90 feet from the store. The BP fr/a i sign is 12 feet high and the Boyd Tavern Market sign is 20 feet high. The BP sign is on f't7 "` / a stone base. The BP sign meets the zoning ordinance and is 16 square feet on top where the BP letters are and 12 square feet on the bottom panels in which the gas ;1'0/ types and prices are displayed. er- *ELEVANT HISTORY: The BP gas price sign was approved by the Architectural eview Board on January 20, 1998 with application ARB-F(SIGN) 97-30. During the review of the new sign, the ARB passed a resolution acknowledging the distinction and significance of the existing sign and asked staff to look into the possibility of retaining it in addition to the new sign. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel is in the shape of a right-triangle with the base along the Rt. 250 East frontage. It has 517 feet of road frontage. It is improved with several structures which are built adjacent to the road. The store is a 1-story block and frame building. A canopy is attached to the market to cover the fuel pumps. Behind it is a frame shed. Adjacent to the west is a brick and frame shed with basement. This is a case in which the condition which is relevant is not the size, shape, topography or other physical feature of the property. However, it would fall within the ordinance provision for an "extraordinary situation." The purpose of the variance is to permit a historical sign to remain. This will preserve the character of this historic market, established 1931. VA 99-17 Boyd Tavern Ma Sign August 3, 1999 Board of Zoning Appeals Amelia McCulley APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicant comments that the variance is necessary: • The current BP gas sign does not say Boyd Tavern on it. The Boyd Tavern Market sign not only allows people to know the name of their store it allows people to know the area they are in. They have several lost people come in and say they do not know where things are around the Charlottesville area but from the sign they know they are at Boyd Tavern. • The sign is historical in that this was Thomas Jefferson's social gathering area, at the original Boyd Tavern. Staff has held the opinion that a variance must involve an undue hardship. An undue hardship is based on reasonable use of the property. This is a somewhat unique case in which we must consider the intent of the zoning regulations and the comprehensive plan. As you know, there is no historic ordinance at this time. The stated purpose and intent of our sign regulations list several items which relate to safety purposes or enhancing the county's attractiveness. Staff is of the opinion that this is not a matter of safety but that it is a matter of preserving the sense of place and historic character. 1. The applicant has produced sufficient evidence that the strict application of this ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments that the variance in necessary: • The applicant finds that several signs are two-part signs. The top part says motel and another under it says restaurant. They are two signs but on the same frame. The applicant does not have a two-part sign but one sign advertising gas and the other names our store. Staff finds that it is somewhat unique for a variance to involve a request for a historic sign as recommended by the Architectural Review Board. Normally we look for ways which the variance could be avoided or less of a variance is necessary. The only way to avoid the variance would be to not permit a 2nd sign, • 1.1DEPTBuilding&ZoninglBZA1va99-17.doc VA 99-17 Boyd Tavern Ma Sign August 3, 1999 Board of Zoning Appeals Amelia McCulley allowing only the historic Market sign or the BP sign. Having only the BP sign would result in the loss of the historic Market sign. Having only the Market sign would prevent displaying the gas brand, etc. unless the historic sign is changed. Generally, alterations to historic signs and structures are to be limited. 2. Evidence has been provided that this 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: • Since most people look at the Boyd Tavern sign as historical, with the tales about the Boyd Tavern itself, most people would like to see it stay. • I do not see where the sign is unattractive to anyone else's property. The historic Market sign preserves the character of the area. It maintains the sense of place and of the past. 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. Jl STAFr RECOMMENDATION: Staff is of the opinion that this request satisfies the criteria for granting a variance. In addition, it will be in accordance with a resolution from the Architectural Review Board. We recommend approval subject to the following: This variance is to permit the Boyd Tavern Market sign. It does not include complete replacement of the sign but repairs and regular maintenance are permitted. 1:1DEPT\Building&ZoninglBZAlva99-17.doc THIS IS TO CERTIFY THAT ON DECEMBER 18, 1996, I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE SHOWN HEREON . DECLARATION IS MADE TO ORIGINAL PURCHASER OF THE SURVEY . IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS . PROPERTY IS NOT IN A H . U . D . DEFINED 100 YEAR ,i FLOOD ZONE BUT IS LOCATED IN FLOOD ZONE "C" AS )41 SHOWN ON COMMUNITY PANEL No . 510006 0400B . `) 40' s NO TITLE REPORT FURNISHED . ARTHUR F . EDWARDS 1 1 1 1 n FRAME 56 4' m SHED Q 1 STORY "1• tn• BLOCK & FRAME ry BUILDING rn u1 • BLOCK WALL 50.4' 0 •• v , •' / 0 • A /• ru 7 A • 19 5 CANOPY ASHALT BRICK 6 FRAME ASPHALT • • • '' •, t. PAVEMENT p�' SHED PAVEMENT �Q W/ BSMNT - , c0 c1 N BUILDING DETAILS cc , 1 " = 30 ' 1-- od... o (i) po \%%4�1 H.11,o 0i P --� +�O �,�` • C) N• 4.0 ARTHUR F. EDMAROS>" J < `` I/ 1420-8 .�. ii%'4 OQ\`� �� 2 N rn •,, SUCIV% .0' Q�Z A, QP .h° . nm w P •2P (° `� m p„. T . M . 94 ,, PAR . 28C ' r 2� Ql 1. 300 ' +- TO IA ST RT 616 O C• O� ,Lp x i LARGE POP 4\d 2 ON2 (SEE DETAIL) LINE AR� IRON Ili �,•. ' i 6 TEL E -- ------ E ---- _-- 1011011 a 1 A=517 . 15 ' IRON _ R=5696. 58 ' X — 1 rn U . S . RT . 250 VA epq 7* PHYSICAL SURVEY SHOWING , PARCEL 28C AS SHOWN ON SHEET 94 COUNTY TAX MAPS SCALE 1 ' = 100 ' ALBEMARLE COUNTY, VIRGINIA DECEMBER 18, 1996 B. A UBREY HUFFMAN & ASSOCIATES. LTD. CIVIL ENGINEERING - LAND SURVEYING - LAND PLANNING hTM3 -RGL CHARLOTTESVILL• E, VIRGINIA P5 14S-3 0157 B TN94-2BC s�