HomeMy WebLinkAboutVA200000026 Review Comments 2000-09-05 'F
STAFF PERSON: Amelia McCulley
PUBLIC HEARING: September 5, 2000
STAFF REPORT VA-00-26
OWNER/APPLICANTS: Car Care Centers, L.L.C. (owner)
TAX/MAP/PARCEL: 91 / 2D
ZONING: PDSC, Planned Development Shopping Center
ACREAGE: 1 .784 acres (proposed subdivision into 2 lots)
LOCATION: South quadrant of the intersection of Route 742 and Mill
Creek Drive
TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from
Sections 25.6 and 21.7.2, in order to decrease the minimum building setback from a
residential district from 50 to 47 feet. This is to allow the construction of a car wash
building. Construction began on the building until it was discovered that it encroaches
2.86 feet into the 50 foot side yard setback. The total building area that encroaches into
the setback consists of 10.15 square feet of the 1 ,463 square foot building.
Approval of the variance would allow construction to continue as the County approved it
on the site plan and on the building permit. (See the proceeding)
RELEVANT HISTORY:
The Mill Creek Market and Car Wash site plan was approved by the County on June 1 ,
2000. The final plan had been revised to reflect a slightly different building size and
shape than was shown on the preliminary plan. Neither the applicant nor County staff
noticed that a small corner of the new building would not meet the minimum building
setback requirement. This was an inadvertent and not intentional error on all parts.
The developer proceeded in good faith with a building permit based on this final plan.
On June 20, 2000, building permit #2000-584 NC was issued for construction of this site
plan. It was only after they had dug and poured the footings and completed some of the
block wall, that the setback problem was discovered. At that point, the applicant sought
remedies and proceeded with a variance.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: When a property
owner can show that his property was acquired in good faith and where, by reason of
the exceptional narrowness, shallowness, size or shape of a specific piece of property
... or where, by reason or exceptional topographic conditions or ... condition of such
VA 00-26 Car Care Center, LLC September 5,2000
Board of Zoning Appeals
piece of property, or of the use or development of property immediately adjacent
thereto, the strict application of the terms of this ordinance would effectively prohibit or
unreasonably restrict the use of the property ... provided that all variances shall be in
harmony with the intended spirit and purpose of this ordinance. Staff is unaware of any
pre-construction conditions or situations about the property that would lead to the need
to shift the building by 3 feet. If construction had not commenced in the setback, the
applicant would have shifted the building and still completed the site plan. It appears
that the applicant purchased the property in good faith and complied with the process
for approval.
STAFF ANALYSIS:
This is an unfortunate situation resulting from mutual mistake. The variance criteria do
not give great weight to economic hardship or to errors. While we cannot find an undue
hardship, denial of the variance would create some degree of hardship. Furthermore,
there appears to be no negative impact on the area. However, due to the fact that all
three variance criteria are not satisfied, staff does not recommend approval of the
variance.
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:
• This variance request is a result of human error. It occurred when final design
details were made to the car wash building prior to final site plan approval. The
person changing the plan moved the building graphically into the yard requirement.
This plan was then sent to the following people for their use: the architect, the
surveyor, the owner, the county's site review team, the building plan reviewer, the
site contractor and the building contractor.
• This error is a very small area on the plan measuring near 1/8 of an inch as it juts
into the yard requirement on the plan. As it is apparent by the number of people
who have looked at the plan and not noticed the error, that the encroachment is
minimal.
• To require the owner to remove the corner of the building, or move the building,
would produce undue hardship. The financial means required to comply with
ordinance standards is not currently known. The owner began and continued
construction based on good faith after passing through the review process and
receiving approval.
Staff opinion is that there is a hardship and it is not entirely self-imposed. However,
economic hardship alone, is not grounds for an undue hardship.
A:IVA2000-26.doc
VA 00-26 Car Care Center, LLC 3 September 5,2000
Board of Zoning Appeals
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant comments that the variance in necessary:
• The most southern side lot line on this property is not perpendicular to the lot line
adjacent to Route 742. Most of the lots in this vicinity have side lot lines that are
perpendicular to the lot line adjacent to Route 742. If this lot were not located in the
Entrance Corridor Overlay District (EC), the side wall of the building would have
been designed to run parallel to the setback line, this usually minimizes the risk of
encroachment. The EC standards require the buildings to be parallel to Route 742
which skews the building in its relation with the side property line. In an attempt to
comply, an error was made.
• Another reason that led to the building's location was the existing grades on the site.
This site was graded when the interior road was constructed. Unlike most
commercially zoned areas in Albemarle County, this site is very flat. To allow the
site to drain properly, the building was placed in an area that would allow a minimum
grade of 1 .5% away from the front of the building. Moving the building back several
feet would further decrease the grade and increase the risk of poor drainage in the
front of the building.
Staff finds that the hardship relates to the existing building location and not the land.
The mutual mistake leading to the setback encroachment is somewhat unique in that
this result is not commonly recurring. Out of about 2,000 building permits issued, it is
rare or unique for an approved building constructed in accord with an approved site
plan, to necessitate a variance.
2. Evidence has been provided 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:
• The character of the area includes: to the south, a water tower owned by the
Albemarle County Service Authority, not readily visible from Route 742; to the north,
Food Lion strip mall; and to the west, Mill Creek Subdivision. This area includes the
A.I VA 2000-26.doc
VA 00-26 Car Care Center, LLC 4 September 5,2000
Board of Zoning Appeals
correctional center, multifamily housing, single family housing, industrial zoning,
commercial zoning, and wooded undeveloped parcels. The character of this area is
in transition. There is no overall development pattern that has emerged. Small
residential lots across Route 742 help to provide a pattern of development. These
units are clustered close together. This compact development will not be adversely
affected by the encroachment of the car wash building across Route 742.
• The encroachment of 2.86 feet into the 50 foot yard requirement will not have a
detrimental effect on the character of the area. The 2.86 feet is minimal and barely
visually discernable from Route 742. The building is significantly lower than Route
742 and a retaining wall will further screen the building from view on Route 742.
• The area encroaching within the yard requirement is 10.15 square feet, this is 0.69%
of the total area of the building (1 ,463 square feet). This will have minimum impact
on the site and on the character of the area.
Staff concurs with the applicant's position. It is important to note that where the setback
would be decreased, the adjoining property while zoned residentially, is not developed
residentially. It is the residential zoning which results in an increased setback. The
adjoining owners, the Albemarle County Service Authority, have written a letter of no
opposition.
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 the application satisfies only two and not all
three variance criteria, staff recommends denial for cause.
Should the Board chose to approve it, staff recommends the following condition:
1 . The building area that encroaches into the setback shall be limited to that on building
permit #2000-26. Any increase in encroaching building area will require an
amendment to the variance.
A:I VA2000-26.doc
S30/A83S 9N1N81 T 3003 0111011118
Albemarle County ...�y
Service Authority 891 I
Serving August 17, 2000 ConservingZ 0 �n1
Ms. Amelia G. McCulley
Zoning Administator
Albemarle County Office Building
Charlottesville, VA
Re: VA— 2000-026, Car Care Centers, LLC
Dear Amelia:
This is to advise you that the Albemarle County Service Authority Board of Directors
has reviewed this request for variance and does not object to the setback reduction.
I will be happy to attend the Board of Zoning Appeals meeting if my presence is
needed or would be helpful to the applicant.
Very truly yours,
L
J.W. Brent
Executive Director
JWB/Ibt
c.c: Len Mailloux
168 Spotnap Road • P.O. Box 2738 • Charlottesville, VA 22902 • Tel (804) 977-4511 • Fax (804) 979-0698
www.acsanet.com
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MILL CREEK MARKET AND CAR WASH
Name of Owner/Developer:
Creek Mill, LLC
Plan prepared by:
Marcia Joseph
Located on:
Tax Map 91 parcel 2D
Zoned:
PD-SC AND EC ENTRANCE CORRIDOR
ZMA 93-21 with proffers as follows -
From the letter dated May 16, 1996
1. The following uses shalt be prohibited:
22.2.1A.3 Department store.
22.2. 1A. 7 Furniture and home appliances (sales and service).
22.2.1 b, 9 Indoor theaters.
22.2.1.b.22 Automobile, truck repair shop excluding body
shop.
24.2.1.2 Automobile, truck repair shop.
24.2.1.3 Building materials sales,
24.2.1.9 Factory outlet sales - clothing and fabric.
24.2.1.20 Hotels, motels and inns.
24.2.1.21 Modular building sales.
24.2.1.22 Motor vehicle sales, service and rental.
24.2.1.32 Sale of major recreational equipment and vehicles.
24.2.1.33 Wholesale distribution.
2 Development of the property shall be In accordance with the plan
titled "Avon Street Retail Development" initialed WDF 3/27/96.
Magisterial District
Scottsville
Albemarle County, Virginia
Source of Topography:
Thomas B. Lincoln Land Surveyor
Survey Information:
Thomas B. Lincoln Land Surveyor
Ugnang Layout For aulming Exterior
hReJ Footcar tics
W12119led AU High Prsscwa Sodium Lamb
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tsereah`enel¢ Charts —'Nall Ma.nted
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Adjacent Parcels:
T
"caA. HO!e 'rp:A POLE gY
TM 77 P47
Hol• Part•m Cailing W—ohg Hae Pan•rn Hail Mounfi'l;
Hillcrest LLC
Zoned PD-SC
Use Commercial
TM 91 P 2d Residue
Creek Mill, LLC
'THE MILL CREEK MARtMT IS OF TYPE "3-13" CONSTRUCTION AND 2,890 SQ. FT. OF
Zoned PD-SC
ENCLOSED SPACE, HDCLUDING THE "OUTDOOR STORAGE" CUBICLE OF 40 SF)
Use Vacant
AND NOT INCLUDING ITIE COVERED OPEN-AIR PORCHES).
TM 91 PIA
THE MILL CREEK CAR WASH IS OF TYPE "3-B" CONSTRUCTION AND 1,463 SQ. FT.
Albemarle County Service Authority
OF ENCLOSED SPACE,, (NOT INCLUDING THE COVERED, OPEN-AIR PORCH).
Zoned R-1
POLE LAMPS ARE ILLUSTRATED ON THE SITE PLAN, REFER TO PHOTOMETRIC PLAN
Use Water Tower
(SHEET 3 OF 3) FOR DETAILED LIGHTING INFORMATION.
Proposed Use:
Convenience Store and Car Wash
q\ V I I
63-100 ieaodl
Satellite
Series
SS/W
SS/C
APPLICATIONS:
tiding Exteriors
! 5ec Lighting
Industrial Facilities
F TUBES
xtrudeo Aluminum Hcusin9 and Door
Sleek and Compact — Projects Only 6-From'7JaI15udace
• Continuous Piero hinged Dow Ramie
• Opricdly Ccnvo.led Forean] and Side Dlstdbution
• erighass lCutoMAt Normal Viewing Angus
. Tampered Glow L¢ns t
a a wall 0, Cai6ng Mount Ver-A ity
• Vandal A¢s $urnt !
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SPECIFICATION5:
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ordering Examples:
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MILL CREEK MARKET AND CAR WASH
Site Plan
August 9,1999
Sheet I of 3
EXBI`lC
PReSENTEDTO
q 31 �ODu .
COUNTY OF ALBEMARLE
Joseph Associates
481 Clarks Tract
Keswick, VA 22947
804-984-4199
Site Size:
-
1.784 Acres
__ -----
Subdivision proposed Two parcels -
One approximately one acre parcel will house Market and Gas Canopy
One approximately 0.7 acre parcel will house Car Wash and access
PAVEMENT SPECIFICATIONS
-� _ ---
County Approval Block
Building and Canopy Coverage:
DUMPSrER PAD
6" CONCRETE 3,000 PSI
Department of Engineering �� "^ Date 7 i an AW
10%
8,067 Square Feet
4" #21A STONE
Planning and Community Develoyment,:�Ze-eqy,
Paving Coverage:
SIDEWALK
4" CONIRE'fE 3,000 PSI
/
Department ofZ g _ �_�„ff ' e Date 6—/-00
36%
4"f21A STONE
Fire Official - 'a+aTT•• Data m"/ Iljprt�
V_
27,360 Square Feet
-
- - -
- -
Balding Official Date ��k(oo
-
Total Impervious Coverage:
-
. _¢.-..._ __ _._ .__.____ __ __._ .______ __ ..___..._ ...
- -
Albemarle Co Service Authority Date G/ [��"��v��'
o
Maximum Height of SEtuctuxe not fit exceed 35`
-Prrf
�
r
r
35,6Z7 Square Feet
k
Parking Schedule
WATER METER FOR CONVENIENCE STORE TO BE SIZED BY THE ALBEfilAR1,E
Open Space:
COUNTY SERVICE AUTHORITY
5x
54°lo
Site fit PD-SC zoning district. Parkin required based an 5.5 spaces per 1,000 square feet.-
J g reyu p� p qua
MaxlnlUtn number of employees
Total square feet 4,875 square feet
Albemarle County Engineering General Construction Notes for Site Plats
pp
3 per shift In Market
Total Parking Required
27 Spaces
_ _ _
__ _-. -- -.-_. __ .. _- _ _._._ _... - __ _.__.._... _.._ _._ _- __
1. Frior to any construction within any existing public right-i f-way, including connection to
/rGrFb�
,1
One per shift for Car Wash -
GENERAL WATER & SE\VER CONDITION'S
any existing road, a permit shall be obtained from the Virginia Department of
v1
Potl{ •
'Total Parking Provided
- -
'transportation (VDOT). This plan as drawn may not accurately reflect the requirements
-u
36 Spaces
1.
Work shall be subject to inspection by Albemarle Cowry Service Authority inspectors. The
of the permit. Where any discrepancies occur, the requirements or tite permit shall
contractor will be responsible for notifying the proper Service Authority officials at the start order
govern.
The site ES not located in a Water Supply Water Shed
work.
-. All paving, drainage related materials and construction methods shall conform to
Pavement Section
2.
The location of existing utilities actress the line ofthe proposed work are not necessarily shown can
current specifications and standards of VDOT unless otherwise noted.
. 6" Base Stone 21 A
the plans and where shown, are only approximately correct. The contractor shall rot his own
'
' 2 5".BM 2 -
initiative locate all underground lines and structures as necessary.
3. Erosion and siltation control measures shall be provided in accordance with the
h�N
. ..
-
_
approved erosion control plan and shall be installed prior to any clearing, grading or
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3.
All materials and construction shall comply with general water mid sewer construction
other construction.
specifications as adopted by the Albemarle County Service Authority on January 15, 1998.
gy
- ----- ---- -
CAR WASH WATER TO BE DISCH 111GED TO PUBLIC SEWER OIL/GREESE SEPARATOR WILL
4. All slopes and disturbed areas are to be fertilized, seeded and mulched. 'Otte maximum
,� e
REV1910ri5
BE INSTALLED ON THE SEWER LINE FROM THE CAR WASH
4.
Datum for all elevations she,vn in National Geodetic Survey.
allowable slope is 2:1 (horizontahvertical). Where reasonably obtainable, lesser slopes
,V
-
LINES
of 4:1 or better are to be achieved. -
BACK FLOW PREVENTION DEVICES WILL BE INSTALLED ON BOIfI DOMESTIC WATER
S.
The Contractor shall be responsible for motif \hiss Utility" l 800-552-7001
p _ notifying y ( )
-
'ItIE SOUTf1SIDE LOOP ROAD WILL BE BUILT IN ITS ENTIRETY IN CONJUNCTION WITH Tt11S
6.
NI water and sewer pipes shall have a minimum of 3 feet cover measured from tire top of pipe,
S. Paved, ripmp or stabilization mat lined ditch may be required when in the opinion of
the Albemazle County Director of Engineering, or the Directoi s designee, It is deemed
her��
PLAN
over the center line ofpipe. 'this includes all fire hydrant lines, service laterals and water lines,
necessary in order to stabilize a drainage chattel.
�g 7 tape
EACH OUTDOOR LUMINAIIfE EQVIFFED wTrH A LAMP WHICH EMUS 3.00 OR MORE INITIAL
etc.
` / {,
vl l GI h 4� HOP
gff tt rod L000 _
LUMENS SHALL BE A FULL CUTOFF LUMINAIRE OR A DECORATIVE LUMINAIRE WITH FULL
7.
All water and sewer appurtenances are to be located outside of roadside ditches.
6. All traffic control signs shall conforn with tine Virginia manual for Un'fo T - ff
Control Devices.-
3o zaoo
CUTOFF OPTICS.
r"l
7. Unless ollierwise noted, all concrete pipe shall be reinforced concrete pipe - Class Ill.
'
THE SPILLOVER OF LIGHTING FROM PARKING AREA LUMINAIRES ONTO PUBLIC ROADS AND
8.
Valves rot dead end lines shalt be nodded to provide adequate restraint for the valve during a future
.-__.-.._.�.__..._
PROPERTY IN RESIDENTIAL OR RURAL AREAS ZONING DISTRICTS SIIALL NOT EXCEED ONE -_„
extension of the line. - -'
8. All excavation for underground pipe installation must comply with OSHA Standards for
_
HALF (1/2) FOOT CANDLE.
the Construction Industry (29 CIT. Part 1926).
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FEATURES
. \ aa.x/a, a., x "az\. o<,. /'z.> 3a, its ,a io ,zz 4, }a /,6/ o / o° 2aigauge s 7 ngh.reFlac�auca, W"M
o° { iaa, za ,. \ co ° ov ye ter powder enamel II,Jah. Anvd'rad a!ummJm w M 7 LJ
\ \ \,. • �, / /�., �i • tvp reflector.
be \o, zs ,s \ ,. \� \�is�, Sx ➢'9� 'zs 'z, ao\_ )-zr 3.s ° ., Prsmitto telnpared9ass fens ~
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-oa, ,x ��x ao '+p %h z'<.a \ a, is + ox oa I �.° eel. Door enachea to housng as a Ibly u g T- I(I' 1 H o,w
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o+\ 'o ' a aq _ oy' • Itn1, Send two appe5'ng cam latches far post Ve re UU ��,¢.. 2 x2 V ■ ~ Gq tent"ev. mac" W U rn
o, �b \�� �+ w! +.af °z a, o�o.o o.o • Power Door ca lta'rs aH alacvmal compp is Rner avl FloatingDoor J 4
\ +\0 \' vJ / daiyaw ngs tlownfolr easy access al candhe repaved a .rya.. T73 Pr'ammarc Lana ry
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o.a a+\\\\" \ `\� \ Ta i<� -s „ s 1 x. / / o., oa nit k,l.plated screw shell and ranter conta.t
o / ao �o Mounted podEPMelly to poWertlopr. Pos ten oriented IwT .1L
Seckat standard with n,an] halide
% oa Heat-Vaatad glass refractor mpuhtad ba pea lamp to 2fi I6fi.^) v
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Sad,ah a,t_hla:k NCS Cora and 8slac PCB ;moot"ur
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2503 LU2FW0
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i ad,,o aors,earkp rysrom vihh Ctrs dalev
fC Ereregon<n urcuif lOC bate sa<NH ri d, eadt ter '
that ama,OmcY power source, aaa
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aw. amean -- Ad w'reg,'am(a - d rt a. -
tCPF Pla>[Oerthana�aWat4 T a:labMfar ralamping.
\\ NEC Ea,Ngpakt clips Upruaa in T-bar s�tpenCaa 1la.SJHZ Consua eac,wy.
Cp1n01' YSa a0N P ) I3ge "ad,;no "lea
U 3"deop Llack Jb-;I f HF1 6A5 ON P J] la as lead,;bhet
'\ flg.1B TlaaP mash , b.e Nl•GPtI P.YC ".."a 1,I3g°leads dear
WWG` Wire ]cars (a [o god cal ins). aea ,. r
®r 41r"V1v1A 1.1"zi/mvlam
�\ Oo-LIGHTING&Ip CK 6YMM5 326-G1 1-
Designer
JPM, LC
`� _.'•` 'pale
�-\ Dec 13 1999
MILL CREEK MARKET AND CAR WASH scale
Joseph Associates 'd"'= 29
Site Plan 4111 Clarks Tract Drawing No.,
\`\ August9,1999 Ahbw 7'hh'(3Br ZOO Keswick, VA22947 MILLINSL
Sheet 3 of 3 804-984-4199
1 of 1