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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 i4------- /42z" ..---). ( • -4 • 5't 11' • y • • 11110011101W- le. 4I.�z 91 Fr 5-'rp Z Y 5r r-7-- 7 , i'Vl ,•," . •y t` . y (1) r m • s MINI a t ---�„ Z •U) ilo A. _ 0 0 < T D �7 `x. j-- 9) v Account VW Drawn by Heather All ideas,plan or arrangements indicated in this drawing are 4Plasti-Line copyrti- Project Title VW Linkous OverlayPL Rep. Mike Boisture Line, Inc and owned by of be p Line, Inc and.�bal! was be reproduced, used by or disclosed Scale no scale Approved by to any person,firm or corporation P.O.Box 59043 far any purpose whatsoever KNOXVILLE,TN 37950-9043 without written permission of Date 23 April2001 Date Plasti-Line,Ina s-800- www.plaeti-line corn tine com 4- ia.-- / o '-4 J S tit I Vi'''\ t 0 ir----N ' 1 II A i 4. t icy, 1 If . I. illpor4 I • Before After I ( oo. tP1- 52 Fr '7 .,-ri 1 5-i‘ __ Account, Mazda Drawn by Heather All ideas,plans or arrangements indicated to this drawing areUPlasti-Line Project Title MAZ John Linkous Overlay, PL Rep. Nichole Loybted and owned by Ptau Line, aq In, and shall not be reproduced, used by or disclosed Scale ' as noted Approved by A7 i' ' to any person,firm or corporation P.O.Box 59043 for any purpose whatsoever //�� without written pet-Pension of KNOXYILI.6,TN 37950-9043 Date 7 May 2001 Date 5-7-0/ Plato-Line,Ins, 1-800-444-7446 www.plasti-line.com 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\\ \ STA ` T SL EXHIBITS PRESENTED TO 1124 S2--n B1p, 0 , - COUNTY OF ALBEMARLE 5 4111 ,27 �y�,/X"l-C- /4 ------... ‘.-4 7 vv/j ),," 1 __________ _._. •,.."‘ 1 7-V6.- F----1—T--- _______ -70 ,4/ 4.--tirt/i • 1/t/ i pac c-. 2 1. . 4 6 ,,.1A----* IJ -Fill Al / 1 5 ..-.. 7/ r c 5-# F.1.- is 75% z 8. Ss" ,i 711 Jo (7--„, 2: .)/4„3. A-i. A 1 V V , 1 F� E3 t� r 1 M, rL Y, \J , • 4 "70 I g frivt_, "jf t ,, , 0 1\14 Atc___.-- 6 G , -rr County of Albemarlc N o - 12777 Virginia DEPARTMENT OF ZONING Charlottesville,Va., , r - 19— err/4VAC RECEIVED F / I ?;.2_, ` ` is $ // 5o�-1 ea h For of ( C _ ( . Li n 4z Di Y:-/IJ c)=-1{105 ORIGINAL — White I� Signed DUPLICATE — Canary Duec Zorg TRIPLICATE — Pink By 50 f i d9eC ORIGINAL — White County of Albemarle N2 35930 DUPLICATE — Canary TRIPLICATE — Pink Virginia • DEPARTMENT OF INSPECTIONS Telephone (804) 296-5832 `Charlottesville, Va., - E 0uF e L__ i ....._ Doll ents $ ` 307 $ 310 $ 50. :P 314 $ check 308 $ 312 § 510 $ I cash EA ac,c_cdcp -‘%--\-- VL �j Y tD litc- eg WXJ�- i a i cj"r a,c c� By llt_ Director of F' ce . PLASTI-LINE� By ZUOM/N�i C�avc Date /-z3 0 // Subject . ' 4 Z44 Sheet No / of 5- Chkd. By Date I /120 a,u 1"-JT d!1 exit 4i Job No - - --- -- - _ it S /I / ¢i6 l , f lezza/Q 7,6„ p-,rr SfF PET/9/L A Ew0 P NEEDED --- - - i • i 4, . , _ / .� \\--y6-�/'= -- -- till I' --_�=- '/ 4 .4. 4 � n — - -1- ' -1 - -- - 716 /b - - - -' --- - - - - --- 'T- - • I 2 _- -- ".• -- I --- --- ---- -- - - —a ,d � faci,ati' Cdu�nrt _ ! RFcr TUBt- i- 1 ! ' 1 1 + i 1 I I cui Off at ht�, et -'-(IPAT4 FiQD.M cafro14ERJ - - - - , —I . I ol.02r7li'v man, i I ... ' -- SEE -- - -_ 1 ' ; Qpd2vela' new i i i --- peTl/L B - - •--- --- --- - .._ -- - - ;_--;, i '' I —e-ego• iii=4.tde;s�- -(;-._ _�1_ II1 _ deB) —\ ft / '— i I I1 I i i i T7T ! �1 p1141 iiaw mI i I I EX/_.�Tld� i -- — 1 I i i i iAti — —�I f� aE.fT�G� — I i I I i i — __ v_._H - I (INE;LstN I►rdT�hECK_ I i I I ( I ! II I ! i I • ' j I I r I 1 i L4Ets(' w� e Ma 1 —I I LHH 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. 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Mike Boisture np,.rit ow..d b,Phut.Gwr, ,r c. ord .boll not b., roprodr..d, r..d by or dud.:od Scale no scale Approved by t••uy penes•f`nn O1 P'rpm,'se u P O.Box 59043 for •uy purport wb•tt.ton KNoxv.CLE.TNN 37950-9043 .o.tb.rt Ian-,tar perm;n.r of .-800-444.744�' Date 23 April 2001 Date Plotta-LO.,ix,. ,vww Dltft.-I.ne corn County of Albemarl N2 14151 Virginia DEPARTMENT OF ZONING Charlottesville,Va., 2 D G-( 19— REtnCEIVED or Dollars Cents $ For e-v 9-5 ORIGINAL — White Sig°"' Dire of g r DUPLICATE — Canary - ( d 0 TRIPLICATE — Pink By