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Home My WebLink AboutVA200100016 Review Comments 2001-09-18 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: September 18, 2001 STAFF REPORT VA-01-016 OWNER/APPLICANT: Bluebird Land Trust, John & Beverly McGowan, Trustees (owners); and, Authorized Service Center, Inc. (applicant) TAX MAP/PARCEL: 07800-00-00-005F0 ZONING: HC, Highway Commercial and EC, Entrance Corridor ACREAGE: 0.641 acres LOCATION: On the north side of Rt. 250 (east), approximately 250 feet east of its intersection with Rt. 20 (north) TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 21.7.1 , Commercial Districts Generally, which requires a 30-foot front yard setback. A variance of 9 feet is requested to allow a canopy to cover a new ramp for access for handicapped persons. The ramp itself does not need a variance. It is permitted under section 4.9 which allows the Zoning Administrator to issue building permits for handicapped access provided they do not restrict sight distance at any intersection. RELEVANT HISTORY: None. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property was acquired in good faith by the owners in 1979. The parcel is the same size and shape now that it was in 1980 when the Zoning Ordinance was adopted. At 0.641 acres, this is a small, rectangular-shaped parcel. It has slight topographic and slope conditions that may be considered in a variance request. The property is improved with a large sheet metal building that was built in 1974 and has an interior floor that is ground level at the front making it about 4 feet above grade at the parking lot side and in the rear. Although this slope is not significant for most decision-making, it plays a large part of this request for a covering over a handicapped ramp. Currently the building has an existing slab with a canopy (36 feet wide by 5 feet deep) over the middle portion of the front of the building. Should that canopy be removed by any method within control of the owner, it cannot be replaced without an approved variance. There is also a four-foot wide sidewalk with a stairway that adjoins the slab near the middle of the building and extends to the parking lot. The proposal to get a wheelchair from the parking area to the door is to use that same 9-foot depth in front of the building. The sidewalk, stairs and slab would be replaced by a ramp from the parking lot, 50+ feet across the front of the building, then reverse like a "hairpin curve" and continue the rise, eventually getting to the existing floor elevation. The canopy would be nine feet wide and cover both directions of the ramp as well as extend towards Variance Report, VA 2001-016 2 September 18, 2001 the rear of the building to the proposed customer-door location on the side. The Americans with Disabilities Act (ADA) requirements only permit a 1-foot rise in a 12-foot run along with other considerations. Therefore, to gain the actual four-foot height from the parking area to the floor elevation, almost 60 feet of run is needed. By beginning the ramp seven feet into the current parking area, the ramp can reach proper height at the point where the existing windows and architectural features will blend with the new canopy. This will enhance the overall look of the building as well as create the access required under ADA. Since the handicapped ramp may be built without a variance, it may seem onerous to require a variance for such a covering. However, there are many places where it would not be appropriate to allow a canopy, such as in the front yard setback all the way from the door of a business to the street. If all businesses were permitted by right to build canopies over handicapped access, we could have so much visual clutter as to present a danger to the driving public. Therefore, staff recognizes the variance as the valid procedure to request a covering over a handicapped ramp. In this case, with the ramp going from the parking area to the building in its least obtrusive space, there is no obvious problem. Although the hardship in this case does not prohibit the use of the property, it does restrict the use in a manner that is otherwise in harmony with the intended spirit and purpose of the zoning ordinance. Staff finds there may be reason to consider the canopy not as a convenience for the owner, but a kindness and consideration for all our handicapped citizens. 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 building has no current handicapped access and must be made compliant to ADA and ANSI. The existing five-foot canopy would not cover the whole ramp. • The existing five-foot canopy does not offer weather protection to the structure and its users. Staff finds a hardship in the topographic features that cause the need for the handicapped ramp. As discussed, we find that since the canopy creates no identified problems, it may be approved. This is not a case of convenience for the owner, but for the handicapped customers of the business. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. 1.IDEPT\Building&Zoning\Staff Reports\VA-2001-016.doc Variance Report, VA 2001-016 3 September 18, 2001 Uniqueness of Hardship The applicant notes: • Due to the fact that there is an existing five foot canopy already and the surrounding buildings or businesses have been previously remodeled or rebuilt, this is a zoning problem not shared by others in the area. Staff finds that the hardship is unique to this parcel with this slope and this building. 2. The applicant has provided evidence 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 existing building, located on an entry corridor into the city, is currently an eye sore. The proposed covered ramp and walkway will greatly improve the curb appeal of the structure plus provide safe and clear access for the handicapped. Staff agrees that the expanded canopy will not change the character of the district. 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 all three criteria have been met, staff recommends approval with the following condition: This variance is only for the canopy described in this report and BP 2001- 01174 AC. 1.•1DEPT\Building&Zoning\Staff Reports\VA-2001-016.doc AW XIBI COUNTY OF ALBEMARIE , ALBEMARLE COUNTY _ 62 l 59A .!. xq;lx x-♦; . « ". �!♦ao �: p ��\��- ,�<�� __� /' Yb••!�I ••Y�b�Nq <`�"'>".!>bP4 �I•HY `♦�• t. - Z. ♦1b�l+;�- ��<♦_'!• .; Y. 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