HomeMy WebLinkAboutVA200000013 Application 2000-05-08 _ A-20-2000 7.08AM FROM BLDG-ZONING 80.19724126 P 2
County of Albemarle
Department of Zoning
401 McIntire Road
Charlottesville, VA 22902-4596
,q� (804) 296-5875 FAX (804) 972-4060 len)
VA- 2 D2�_ 6/3 DATE: S 3"
FEE: $95.00 p au STAFF: 5 ri �e 5
54pt, ( 3 1 VARIANCE APPLICATION
OWNER (as currently listed�/ in Real Estate) �t ,u
Name Wdbrab fr Sc 40 L.-el t C Phone (G"V ) 2G!(, - 722 7
Address ,�60)-7 (/ ezd6rcibr Co ur l tn.i:J 11*
APPLICANT (if different from above)
Name SA/°4 Phone ( ) -
Address
CONTACT PERSON (if different from above)
Name (.L -c 5 Z Phone ( )
Day Phone ( )
Address 5AVII,C
LOCATION: 5 Awte
PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON
THE BACK OF THIS SHEET. (-47
OFFICE USE ONLY l nn
TAX MAP 115 , PARCEL I D 9C; TM , P ; TM P i o Q• z
ZONED: C. , ORDINANCE SECTION: "7• /5 • /2 • 5
Board of Zoning Appeals 12_,/ W �)() Z.✓�^`a -QS-2S
Date: /`
( ) Special Permit ( ) Variance VA_ (1 5 - Z9
( ) Proffers
BZA ACTION: arrufii-aµ:D WiCery -644'errt.G
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VA-2000-013 (Sign #5) -Woodbrook Associates, LLC (owner/applicant), TIA
The Barry Building. Located in the NW quadrant
f Commercial. verkmaarr Dnce
and Woodbrook Dr. TM 45/Parcel 109C, zoned C-1
is to increase the height of a wall sign from 20 to 24 feet.
4-20-2000 7.08AM FROM BLDG-ZONING 8049724126 P 3
DESCRIPTION OF REQUEST: (Pie f.Q.L= p4 1-6-47445
JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA:
1) That the strict application of this ordinance would produce
undue hardship.
2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.
3) That the authorization of such variance will not be of
substantial detriment to adjacent property and that the
character of the district will not be changed by the granting
of the variance.
The application may be deferred by the staff or the Board of
Zoning Appeals, if sufficient information necessary to this review
has not be submitted by the deadline.
I hereby certify that the information provided on this application
and accompanying information is accurate, true and correct to the
best of my knowledge and belief.
_ s�s�',cz> 1I s--$-o2
Sig/fte
Date Receipts Date
Variance Application
May 8, 2000
SUBMITTED BY:
Christopher Barry
Managing Partner
Woodbrook Associates, LLC
(804) 296-7227
DESCRIPTION OF REQUEST
I request that the Board of Zoning Appeals grant a sign variance for my newly
constructed building located on lot 2 of Woodbrook Crossing. The sign would be
mounted 24 feet above grade (a 4 foot variance) on the east elevation fronting Berkmar
Drive, and the letters will read"THE BARRY BUILDING". The letters of the sign will
be the same hunter green color of the roof, and will be 12 inches high with the following
characteristics:
1. The entire sign will be 203 inches long.
2. The letters will be lighted from the rear and transformer powered.
3. The letter faces will be .125 gauge aluminum,the sides .063 gauge aluminum, and
the backs 3/16 inch clear poly-carb plastic.
4. The letters will be individually mounted to the face of the building and controlled by
a photo cell.
JUSTIFICATION
1. Undue Hardship
During the planning phase for my building, I consulted with Ben Foster, a longtime and
knowledgeable signmaker in Charlottesville for his recommendations on how to identify
the building. We agreed that the most desirable location for the building sign, from the
aesthetic and visibility viewpoint, was the center of the building immediately below the
gable facing onto Berkmar Drive.
Ben Foster assured me that although the current sign ordinance mandated a maximum
height of twenty feet for a building sign, it had been agreed by the zoning board and by
county zoning officials that the height should have been established at 30 feet. He
assured me that because an error in the sign ordinance posed a significant unusual
hardship, numerous applicants had already been awarded variances.
Ben Foster also assured me that this was not merely hearsay evidence because he,
personally, had made two such successful variance appeals (for Adventureland, now
Planet Fun and for Community Self Storage on Putt Putt Lane). At the second of these
applications, which occurred in May of 1998, the Zoning Department had expressed the
conviction that the ordinance would be changed within six months.
My previous application for this variance was rejected, not because there was any dispute
as to the height error in the sign ordinance but because the Zoning Board felt that if they
started rejecting height variance applications, it would, it was suggested, put pressure on
the Zoning Department to speed up the process of making the change in the ordinance.
I respectfully submit that although this may be a laudable objective, it is highly
inequitable to grant variances to numerous businesses on the specific grounds that an
error in the sign ordinance creates an unusual hardship; and then suddenly deny height
variances on the grounds that the error contained in the controlling ordinance no longer
provides sufficient evidence of unusual hardship.
The building represents a very considerable investment(the annual real estate taxes alone
are $7,500). As you can see from the accompanying elevation, it was designed with the
specific intent of locating the sign immediately below the gable facing toward Berkmar
Drive, with the very reasonable expectation that the error in the sign ordinance would
have been corrected long before the completion of the building. Locating the sign
elsewhere (the only possible location is in an off-center location between the two floors),
detracts from whole appearance and value of the building.
2. Hardship is not shared generally in the same zoning district and vicinity.
The UVA Credit Union is positioned on a corner location across the street, and they are
able to utilize the corner of Woodbrook and Berkmar Drive by mounting a sign on this
corner for appropriate exposure. Although that particular building is also 2 levels, the
architectural design does not warrant or allow a sign to be centered above the second
floor windows as in my case.
The Ikon building, which is adjacent to my building(to the south) is positioned on the
corner of Woodbrook and Berkmar Drive, and they are able to utilize their corner
location to their advantage as well. They have a sign mounted on the south end of their
building, which is clearly visible from the intersection, and the architectural design also
does not require that they seek a variance for the current sign location, which is
aesthetically pleasing and appropriate. Also this building is occupied by a single
business, unlike my building that houses several separate businesses. Having The Barry
Building mounted on the east elevation of my building will help direct their customers to
their offices.
The Print Source building which is also adjacent to my building(to the north) is
positioned so that their main entrance faces to the north, and the side of the building
faces Berkmar Drive. Because their business is occupying the entire first floor of their
building, they have their sign positioned over their front door, which requires no
variance. Furthermore, the architectural design does not warrant having any sign
positioned above the 20 foot height limit.
Across the street,Planet Fun evidently has a variance for their sign because it is mounted
on the front top left side of its building. Across Woodbrook Drive is Pet Food
Discounters and some other businesses that are housed by one level buildings and they
have no need for any sign variances.
3. The authorization of a variance will not adversely affect adjacent properties, and
the character of the district will not be changed.
We went to a lot of trouble to assure that we were going to construct a building with the
highest quality construction and dignified design that would be an asset to the community
by providing top of the line office space in the northwest quadrant of the county. Tenants
currently occupying the building include an attorney, a dentist, a mortgage company, a
personal and home equity loan company, and a high tech communications firm. The sign
that we are proposing is tasteful in design and color coordinated with the building, and its
purpose is to compliment the building's size and its dignified looks and qualities. We are
requesting a 4 foot variance, and respectfully ask that you consider granting it.
Thank You
12 14
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SUBDIVISION PLAT SHOWING (VARIABLE WIDTH) EASEMENT THOM =. LINCOLN
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LOTS 2 AND 3 �� �7 ��
A REDIVISION OF LOT 2
WOODBROOK CROSSING C'1"'D sUa00-O4
TAX MAP 45 PARCEL 109C
PROPERTY BELONGING TO •
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LOCATED ON BERKMAR DRIVE LEGEND-
NOTE. PARKING EASEMENT FOLLOWS THOMAS B. LINCOLN LAND SURVEYOR INC.
CHARLOTTESVILLE MAGISTERIAL DISTRICT TOP BACK OF CURB IF : IRON FOUND ' 671 BERKMAR CIRCLE
ALBEMARLE COUNTY, VIRGINIA IS S : IRON SET CHARLOTTESVILLE, VIRGINIA 22901
PIPEFOUND
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