HomeMy WebLinkAboutVA200100012 Review Comments 2001-08-07 STAFF PERSON: Amelia McCulley
PUBLIC HEARING: August 7, 2001
STAFF REPORT VA-2001-012
OWNER/APPLICANTS: John & Janice Linkous (owners); John Linkous V.W. Mazda
(applicant)
TAX/MAP/PARCEL: 78 / 15D
ZONING: Highway Commercial and Entrance Corridor Overlay
ACREAGE: 1.377
LOCATION: On the South side of Rt. 250 East, approximately 0.3 mile
East of the intersection with Rt. 20 on Pantops Mountain.
TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from
Section 4.15.24 of the Albemarle County Zoning Ordinance relating to the regulation of
the replacement of nonconforming signs. This section requires that when a
nonconforming sign is structurally altered, it shall be "reduced by at least twenty-five
(25) percent of its current area and height until the sign area and the sign height are
conforming." The applicant seeks a variance to allow the placement of a Mazda sign
which is 64 square feet in size and 23 feet in height, instead of the required 43.5 square
feet in size and 17.25 feet in height. This is a request for a variance of 20.5 feet in size
and 5.75 feet in height.
*Please be advised that these are the correct sizes and heights and that the variance application and the
legal ad state sizes which do not match. Because the actual size and height proposed are slightly less
than stated in the legal ad, there is no problem with the legal notice
The sign improvements planned by John Linkous Volkswagon Mazda include replacing
the existing Mazda sign with a VW sign and replacing the existing VW sign with a
Mazda sign (the latter is the subject of this variance). Therefore, the new VW sign will
be placed on the existing Mazda pole structure and the new Mazda sign will be placed
on the existing VW pole structure. The existing sign (VW) is 58.06 square feet in area
and it is proposed to be replaced with a 64 square foot new Mazda sign.
LINKOUS VW MAZDA SIGNS
Sign Size (square ft) Height (ft)
EXISTING 1) Mazda Sign 41.32 23
2) VW Sign 58 23
REQ'D 1) Mazda Sign 31 17.25
2) VW Sign 43.5 17.25
PROPOSED 1) Mazda-now VW 27 17
VA 01-012 Linkous V\ lazda 2 August 7, 2001
Board of Zoning Appeals
Amelia McCulley
2) VW-now Mazda 63.33 23
Z.O. Req'mt for 1 sign 32 12
New signs
RELEVANT HISTORY:
The Zoning Ordinance was amended on 5-9-01 to require replacement of
nonconforming signs to obtain 25% more compliance in area and height, instead of area
or height, as was allowed under the prior regulations. This current sign proposal would
have also needed a variance under the prior regulations. The sign permit application
was not complete until after 5/9/01, after the zoning text amendment was adopted.
The existing signs were approved in April, 1981. At that time, the sign regulations
allowed larger and higher freestanding signs. These signs are lawfully nonconforming
to the current sign regulations.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS:
This is a legal conforming lot of about 1 .4 acres, improved with commercial buildings.
The Route 250 frontage is the primary display area for vehicles for sale. The two signs
are located within this front parking area and are visible from Route 250. There is no
significant topographic, lot size, lot shape or other unusual condition of the property
itself which would warrant approval of a variance. A sign of the size and height required
by the ordinance would be visible from Route 250. They are seeking approval to utilize
the existing sign structures and make minimal modifications, which in our opinion is a
convenience to the owner.
This property is on an Entrance Corridor and is subject to architectural review. The
A.R.B. has considered the variance proposal and they unanimously oppose it.
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:
• We have a custom Mazda sign head and a custom VW sign head sitting at the
installer's shop which met the requirements of the original permit guidelines.
c:\WINDOWSITEMPIVA2001-012Linkous.doc
VA 01-012 Linkous V\ . ..lazda 3 August 7, 2001
Board of Zoning Appeals
Amelia McCulley
• To apply this new ordinance would require the above named dealership to be
without the new identity of the Mazda program for another 6 months and up to 1 year
(depending on development time). Mazda is implementing the new identity
nationwide. The "winged M" is the symbol of choice for Mazda just as the "golden
arches" are for McDonald's. The old Mazda sign, which is currently standing, has no
"winged M" as part of the identity.
The fact that the proposed sign is at the installer's shop is not relevant to the variance
consideration. The applicant has not received approval of the sign permit and
prematurely ordered the sign. This is a self-imposed hardship.
Staff cannot identify an undue hardship and finds that the sign ordinance allows a
reasonable sign which can serve the purpose of site and product identification. It is
important to remember that the nonconforming sign regulations allow replacement signs
that are taller and higher than the standard sign regulations for new signs. The
standard sign regulations allow 1 sign of 32 square feet in size and 12 feet in height.
Under the nonconforming sign provisions, this site can have 2 signs of 31 and 43.5
square feet with a height of 17.25 feet.
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
• The above named location is the only Mazda dealership with an open order being
processed for the new Mazda image. Mazda is the only company that is currently
pushing a change-out from a single mazda letter logo to a sign dominated by the
winged M and then the mazda letter logo. Mazda wants to be recognized by the
winged M. They will not award the dealer any incentives if there is no participation in
the program.
• In some cases, the dealer was made to remove the mazda letter logo if the winged
M was denied to be installed. A custom sign was then required to be manufactured.
This takes approximately 6 months to complete and thousands of dollars more than
the standard signs. This causes adverse advertising affects on the dealership and
with the customer.
The fact that this dealership is slow in making the logo change and may suffer business
consequences, is not relevant to this variance. That is a self-imposed hardship.
Business logo changes are not rare and this is not a unique circumstance. The
additional time and additional money it would take to make a customized logo sign is
not grounds for a variance. The fact is that it can be done and they will not be
c:\WINDOWS1TEMPIVA2001-012Linkous.doc
VA 01-012 Linkous Mazda 4 August 7, 2001
Board of Zoning Appeals
Amelia McCulley
prevented from using the new logo if they do not obtain a variance and must meet the
ordinance requirements.
2. Evidence has not 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 new Mazda brand sign head will be installed within the existing VW brand sign
frame. New image will be much cleaner and vivid than the existing, round VW sign
head.
• The new Mazda sign head would have less illumination than the existing VW sign
head, therefore, no adverse reactions to the change would be evident.
• Character of the district would be improved due to the style of the new Mazda sign
head. Locations of the existing signs would not be changed.
Staff opinion is that there is a more negative impact on the character of the area to have
a new sign larger than the existing sign (from 58 to 63.33 square feet). The proposed
new sign will be larger and higher than the ordinance provisions for replacement of
nonconforming signs. The proposed sign is almost twice the size allowed for new signs
(63.33 compared to 32 square feet) and almost twice the height allowed for new signs
(23 feet compared to 12 feet). It is important to note that the ARB, the Board charged
with review of the visual impact along our Entrance Corridors, has unanimously
opposed this request.
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:
Because this variance request does not meet any of the criteria, staff recommends
denial for cause.
C:IWINDOWSITEMPIVA2001-012Linkous doc
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
COUNTY OFFICE BUILDING
401 MCINTIRE ROAD
MEETING ROOM #241, 2:00 P.M.
DRAFT AGENDA
TUESDAY,AUGUST 7, 2001
I Call to Order
II Establish a Quorum
III Deferred Appeal Hearing
• AP-2000-005 Peter R. Hanchak (owner/appellant)
Staff Person: Amelia McCulley
IV Variance Hearings
A. VA-2001-012 John & Janice Linkous (owners)/Hightech Signs (applicant)
Staff Person: Amelia McCulley
B. VA-2001-013 Emmanuel Episcopal Church(owner/applicant)
Staff Person: Jan Sprinkle
C. VA-2001-014 Warren & Roberta Muse (owners/applicants)
Staff Person: Jan Sprinkle
V Old Business
VI New Business
VII Adjournment
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ALBEMARLE COUNTY ARCHITECTURAL REVIEW BOARD
TENTATIVE AGENDA, TUESDAY, September 7, 1999
ALBEIVIARLE COUNTY OFFICE BUILDING
MEETING ROOM #235, 1:30 PM
1) Call to Order
2) Establish a Quorum
3) Consent Agenda
a) ARB-F(SIGN)-99-69—Lang's Art & Gift Shop Signs
b) ARB-F(SIGN)-99-70—Holly Memorial Gardens Sign
c) ARB-F(SIGN)-99-72 —ABC Sports Cards Sign
4) Deferred Items
5) Signs
a) ARB-F(SIGN)-99-64: Brown Auto Mercedes Sign (Wilco Site):
Contact Person: Jim Grigg
b) ARB-F(SIGN)-99-65—Brown Auto Subaru Signs
Contact Person: Randy Smith
6) Preliminary Reviews
a) ARB-P(BP)-99-18 —John Linkous Auto Renovations
Contact Person: John Linkous
b) ARB-P(SDP)-99-29—Westminster Canterbury Covered Entrance
Contact Person:
7) Certificates of Appropriateness
a) ARB-F(SDP)-99-58—The Storage Center
Contact Person: Jo Higgins
8) Revisions to Certificates of Appropriateness
a) ARB-F(SDP)-99-47— Colonial Auto Showroom
Contact Person: Deborah Hurt, Steve Blaine
9) Old Business
a) Approval of Minutes: 2/16/99 and 3/1/99 and 6/21/99 and 7/19/99
b) Arby's lighting—letter from Mark Schuyler
10)New Business
a) Conflicts of Interest ter
b) Next Meeting: September 20, 1999 7 6
PRotA� TO ��
11)Adjournment \P\\ \
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EXHIBITS
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R, 5. 2001 10: 53AM AI TnMOTIVE SERVICES NO, 4384 P. 1/5
Plasti-Line, Inc.
623 E.East Emory Road
P.O.Box 59043
Knoxville, TN 37950-9043
FAX TRANSMISSION
FROM: Mike Boisture
Phone 1-800-444-7446 ext 747
Fax (865) 947-8533
TO: Randy Smith
Fax 804-974-6898
DATE: March 5, 2001
PAGES: 5 including cover
SUBJECT: John Linkous
MESSAGE
Randy,can you check the following: We are going to use the#3 VW Flag sign(see
dimensions page 4). I think these met the requirements. Also W will need to cut the pole to
156"(please confirm). Engineering is engineering to attach or flag sign to existing
pole(which you will cut to 156"), they will also provide custom cladding. Please contact me
to discuss and confirm this will work and fits within guidelines of city. Thanks.
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DEPARTMENT OF ZONING
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