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Home My WebLink AboutVA199600014 Review Comments 1996-09-03 5.�pF AL({ tsyr Z Jiv friRGIN\/ COUNTY OF ALBEMARLE Department of Zoning, Room 223 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4035 TDD (804) 972-4012 August 23, 1996 Edward Bain Boyle, Bain & Downer P 0 Box 2616 Charlottesville, VA 22902-2616 RE: Variance Application, VA-96-14 Tax Map 61, Parcel 122A Dear Applicant: For your convenience and to allow you to organize your thoughts prior to the Board of Zoning Appeals meeting on Tuesday, September 3, 1996, please find enclosed the staff report for your case. It will be necessary for someone to be present to speak for the variance application. If you have any questions, please contact our office Sincerely, / LEI /i ✓f-✓ ^� . /(//' w /1/)rric .. M.i-¢-,r- t, .J vim• 10c . w.a.,1 c-o-..s...e_. Marcia Jose l 4v4c o-io pi-) 6\,lyvt Design Planner cc: Samuel & Janet Joseph, Jr. - MJ/db • S STAFF PERSON: Marcia Joseph PUBLIC HEARING September 3, 1996 STAFF REPORT- VA 96-14 OWNER/APPLICANT: Samuel and Janet Joseph TAX MAP/PARCEL: 61/122A ZONING. C-1 Commercial , EC Entrance Corridor �/ ACREAGE: 341 cr Aoa R I�I�rgg` 27,000 41 —lop/'o7'� /a a"C- LOCATION: Located on the east side of Route 29N, at the intersection of Route 29N and Route 631, Rio Road. REQUEST: The applicant requests relief from Section 21 7.1 of the Albemarle County Zoning Ordinance which states: "Adjacent to public streets: No portion of any structure, except signs, shall be erected closer than thirty(30) feet to any public street right-of-way " The applicant proposes decreasing the yard requirement from 30 to 5 feet. The variance is requested to allow construction of a canopy to cover the gas pumps. The applicant states that"25' variance from the 30'building set back to locate canopy loiseneel for business purposes to do what all other gas station operators are doing which is provide canopy for self service and other services at facility." The applicant's justification for the variance includes the following. Hardship "Mr Joseph has operated a convenience store and gas station in this location since 1960. He originally worked there with Gulf Oil Corporation owning the property. However, in 1978 Mr. and Mrs Joseph purchased the property from Gulf Oil Corporation. They have operated the business without interruption as their own since that time There have been many changes in the operation of small convenience stores/service stations in the past 5-10 years. The limited size of the property creates problems for the business. It is the same except for a small conveyance off to the Virginia Department of Transportation on Rio Road for the widening of that road some time ago. The site plan shows that Mr. and Mrs. Joseph are having to remove the existing underground tanks and put in new tanks in the property and they have reserved as well an alternate tank location. The replacement of the tanks is pursuant to EPA requirements. Given the location of the buildings on the property being where they are there is really no other area on the property to locate the pumps that give rise to the necessity of a canopy being placed over them within the set back required for this zone and this property The variance is necessary because without it the Josephs would be placed in a situation of undue hardship because of the new pumps being exposed to the weather which creates problems for the new computer equipment which Samuel and Janet Joseph. VA-96-14 Sept. 3, 1996 page 1 • runs the pumps as well as makes it extremely difficult for customers to use the facilities in wet weather Customers do not want to get out of their vehicles, use credit cards, get the cards wet as well as create problems with the operation of the pumps during wet weather The nature of the business is such that a substantially large percentage of customers want only self-service pump " • Uniqueness of Hardship "The hardship that the Joseph's have is not generally shared by other properties in the zoning district and problems are created only for those businesses which have outdoor service for customers which is the norm for service stations everywhere. The limited island is somewhat unique to this property because of the limited size of the property and the inability of the Josephs to relocate buildings and other facilities on this property which would permit the accommodation of a canopy." Character of the Area "The variance does not create any detriment to adjoining property and will in no way alter the character of the zoning district." RELEVANT HISTORY The recent VDoT improvements to Route 29N did not take any additional land from this parcel RECOMMENDATION The existing building measures greater than 30 feet from the Route 29N right-of-way, and the existing four pumps measure approximately 15 feet from the right-of-way Because the canopy must be placed over the pumps, the canopy will protrude into the 30 foot required yard for the C-1 zoning district. The applicant is replacing the gasoline holding tanks because of federal regulations. In conjunction with this improvement, the applicant would like to upgrade the existing use by placing a canopy above the pump islands There is currently no landscaping along the front of this site, which makes it an anomaly in this area along Route 29N Its built area is closer to the right- of-way than other sites in this area The construction of a preconstructed brightly lit canopy will create more of an incompatibility in this area. However, a canopy over the gas pump islands has become an important factor in customer service to the gas company. There are few gas stations in the county that do not have this convenience for their customers. Staff agrees that the request for the canopy is not unreasonable. However, Samuel and Janet Joseph. VA-96-14 Sept. 3, 1996 page 2 • • the denial of this request does not approach confiscation, or render the property useless. The C- 1 designation allows for many other uses that can be accommodated on this site. The property owner has not shown that by reason of the exceptional narrowness, shallowness, size or shape of this specific piece of property at the time of the effective date of this ordinance, or by reason of exceptional topographic conditions or other extraordinary situation or condition of this property or 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 or that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience. Staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; The applicant has not produced evidence regarding any exceptional conditions or extraordinary situation or condition of the property that would unreasonably restrict the application of the terms of the zoning ordinance. The denial of this variance would not alleviate a hardship approaching confiscation. 2) The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; The variance request is clearly based on the proposed use of the property. There are many other uses allowed in the C-1 zoning district that do not require a canopy or some other architectural feature that may encroach in the yard requirements. 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. The location of the proposed canopy will create an anomaly within this district The character of this district includes street plantings and green space that help form a buffer from the parking and the buildings along the corridor. Samuel and Janet Joseph. VA-96-14 Sept. 3, 1996 page 3 • 0 If the Board chooses to approve this variance request, staff offers the following conditions. 1) The canopy shall not contain signs on the fascia. 2) The canopy fascia shall not be lighted. 3) The ceiling lights in canopy shall not protrude beneath the canopy ceiling. 4) The canopy design shall be reviewed and receive a certificate of appropriateness from the Architectural Review Board. Samuel and Janet Joseph. VA-96-14 Sept. 3, 1996 page4 1 it.' _ rrrcz �, t �,1111 p;" _ H7 .11IIr 5"'mmnnm� tlo Y- f — •_ 1Ill ahr 1 ' "1 -, I 40 .- -I 1 , _I MI rin AP 1\li If _ L:-tE , `w `i Il = ..1111011, _ . _ , . ..,......... .......... ,„ ----,-- ., , i'i 1 i :i r i fla ' , , , t 1 Jof �. . 1t1 1 e +l►`: ,�,�,'R:' l ITe1 I• H .► ` . :'lI I L_ '' 4 r 4Li it A I - --4 rii I ' :(-‘ 1�-. ♦ 1 1. 1 It'll it A.4... is' 1 • , 0 1 N. t �. 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