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VA199600019 Review Comments 1997-01-07
Staff Person: John Grady Public Hearing: January 7, 1997 Staff Report - VA-96-19 Owner/Applicant: L.F. and Patricia E. Wood Tax Map/Parcel: 61/124 (part of) Zoning: HC, Highway Commercial Location: Located on the north side of Rio Road 0.5 mile east of the Rio Road and Route 29 North intersection. Request: The applicant requests relief from Section 4.15.12.6 of the Albemarle County Zoning Ordinance which states: "Wall Signs, Maximum Height, 20 feet". The applicant seeks a variance to increase the height of a wall sign from twenty (20) to thirty (30) feet. The sign is ninety-seven (97) square feet in area and a medium blue channel letter design. The design and area of the proposed sign meet the ordinance requirements. The applicant's justification includes the following: Hardship The existing height limit of 20 feet coupled with the building's location, behind Nations Bank and Putt-Putt renders much of the sign invisible from Rio Road. Uniqueness of Hardship Numerous other properties in the same zoning district have been granted variances to raise their signage to 30 feet. Character of the Area In 1993, 1994 and 1995 the Board of Zoning Appeals granted variances in the Albemarle Square Shopping Center (Circuit City), Shoppers World (Katie's, Staples), Branchlands (Toys R Us) and Blue Ridge Health Alliance (Qual-Choice) to increase the height of wall signs from 20 feet to 30 feet. Staff Comment and Recommendations: Staff is working towards some minor changes in the sign ordinance to define terminology and further finetune it. One of the proposed changes (subject to the Board of Supervisors' approval) will be to allow wall signs in our commercial Staff Report - VA-96-19 Page Two zoning districts to return to the original 30 foot height limit. The 20 foot height limit currently listed for wall signs was adopted with the July 8, 1992 sign ordinance amendments. Staff concurs with the applicant on part 3 of the criteria, there should be no change to the character of the area nor detriment to the adjacent properties as other wall signs (at nearby Albemarle Square Shopping Center and The Gardens) are 30 feet in height. Furthermore, wall signs at both Fashion Square Mall and Rio Hill Shopping Center were established with a 30 foot height limit. However, it is staff's opinion that the applicant does not meet the remaining criteria necessary to recommend approval of this request. Therefore, staff must recommend denial for cause: 1 . The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; The denial of this request would not produce a hardship approaching confiscation because the applicant does have the ability to establish a wall sign on the buildingwhich is visible from Putt Putt Lane and partially visible from Rio Road. 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; It is staff's opinion that the majority of properties and businesses in the area have the same disadvantage (a 20 foot height limitation for wall signs). Therefore, if a variance request is of such a reoccurring nature or may be in the future it should be corrected by amendment to the ordinance rather than by numerous variances being granted. Should the Board find cause to approve this request, staff recommends the following condition: No freestanding sign shall be allowed on this property in conjunction with a wall sign at 30 feet unless or until the ordinance is amended to allow 30 foot wall signs. hi ism oll b dim. b/A (cg, 2n�Z ��Lf L�J I �1\ Ig3 •,_ 1 �1 �1 \\,v70_ 1 $I ,,ciry 2, ', „,rz ,&----i-MHYTI. ©@ 1(132/ t,, 4Lig 1--- 1 11 • 4111111111111 . ,yt��y tii 1.1 M I I 1 Ili OMEN- 111111 911IY 'tyy:� ; —l. MS 111111"i. 'blll M ; /11111111 111 1 1 4 `}`'~ I.., - - T1,111111 JYYWor d: \ 4 ,I M