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HomeMy WebLinkAboutVA200200018 Review Comments 2002-09-17 STAFF PERSON: Amelia McCulley PUBLIC HEARING: September 17, 2002 STAFF REPORT VA 2002-018 OWNER/APPLICANT: R.A. Yancey Lumber Corporation TAX MAP/PARCEL: 55 / 112 ZONING: Heavy Industrial and Entrance Corridor overlay ACREAGE: 12.5 acres LOCATION: On the south side of Route 250 West at Route 825 (Yancey Mill Lane) near 1-64 at Crozet. TECHNICAL REQUEST AND EXPLANATION: The applicant proposes to locate a new rotary log crane on the property. This crane is about 100 feet high with a maximum 155 foot radius reach from the base to the grapple. The rotary log crane allows logs to be stacked higher, as high as 30 feet. About halfway from the base, a cab with a truck assembly is extended from the crane onto a circular track. The height and location of the crane necessitate seven (7) variances. While the first variance relates to the maximum height, the other variances relate to district setbacks and setbacks related to height. Variance Max. height 65 feet Proposed height 100 feet 35 ft Min. setback 50 feet Proposed setback 30 and 50 20 ft from roads from roads ft Min. setback 100 feet Proposed setback 0 feet 100 ft from RA-zoned from RA property property Min. setback 50 + (65 x 2) = Proposed setback 30 and 50 130 & 150 from roads based 50 + 130 = 180 ft from roads ft ft on height Min. setback 100 + (65 x 2) = Proposed setback 0 feet 230 ft from RA-zoned 100 + 130 = 230 from RA property property based ft on height The relevant ordinance sections are as follows: I. 26.6 HEIGHT REGULATIONS Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any Page 2 VA 2002-018 Yancey Lumber Corp. September 17, 2002 street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements,a distance of not less than two(2)feet for each one(1)foot of height in excess of thirty- five(35)feet. (Amended 9-9-92) II. 26.10 MINIMUM YARD REQUIREMENTS 26.10.1 Adjacent to public streets: No portion of any structure, excluding signs, shall be erected closer than fifty (50) feet to any public street right-of-way. No off-street parking or loading space shall be located closer than ten(10)feet to any public street right-of-way. (Amended 7-10-85;7-8-92) 26.10.2 Adjacent to residential districts: No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any rural areas or residential district and no off-street parking space shall be closer than thirty (30) feet to any rural areas or residential district. For the heavy industry (HI) district, no portion of any structure, excluding signs, shall be located closer than one hundred (100) feet to any rural areas or residential district and no off-street parking shall be closer than thirty (30) feet to any rural areas or residential district. (Amended 7- 10-85;7-8-92) The variances are as follows: 1 . Increase the maximum height of a structure from 65 to 100 feet, a variance of 35 feet (Section 26.6); 2. Decrease the setback based on height from Rt. 250, from 180 to 63 feet, a variance of 117 feet (Section 26.6); 3. Decrease the setback based on height from Rt. 825, from 180 to 30 feet, a variance of 150 feet (Section 26.6); 4. Decrease the setback based on height from adjacent Rural Areas-zoned property, from 230 to 0 feet, a variance of 230 feet (Section 26.6); 5. Decrease the setback from Rt. 825, from 50 to 30 feet, a variance of 20 feet (Section 26.10.1); 6. Decrease the setback from adjacent Rural Areas-zoned property, from 100 to 0 feet, a variance of 100 feet. If the variances are approved, Planning Commission approval of a waiver of the minimum distances to nearby dwellings will also be necessary. In addition, approval of a site plan amendment by the Architectural Review Board and the Planning Commission will be necessary prior to erection of the crane. RELEVANT HISTORY: Yancey Lumber Company first operated from this property in 1949, prior to zoning in Albemarle. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The subject property is not unusually small or odd-shaped. It consists of 12.5 acres in somewhat of a bow-tie Page 3 VA 2002-018 Yancey Lumber Corp. September 17, 2002 shape. It is currently improved with numerous structures. It has been successfully used for this business for 53 years. Staff is of the opinion that there is no undue hardship particular to this property in terms of excessive or unusual size, shape, topography and the like, which effectively prohibit or unreasonably restrict the use of the property. Granting this variance does not alleviate a clearly demonstrable hardship approaching confiscation. Approval of this variance is not in harmony with the intended spirit and purpose of this ordinance. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship Staff comments are written in italics and follow the applicant's comments. The applicant notes that the variance is necessary: • Applicant has been operating a lumber mill on the subject property for several decades. Advancement in technology dictates that Applicant needs this crane in order to continue to be competitive in his business. Staff does not claim to be knowledgeable about this business and what is necessary to be competitive. That said, staff notes that not all lumber companies have rotary log cranes. Furthermore, of those lumber companies that do have log cranes, not all cranes are as large as the one proposed. In staff's opinion, the applicant has purchased a used log crane that is too large for this site. It is a hardship imposed by the applicant and not due to the particular characteristics of this property. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • There are no other lumber mills in the same zoning district and same vicinity that share this hardship. The unusual shape of Applicant's land causes this hardship. Staff notes that this parcel consists of 12.5 acres of a somewhat bow-tie shape. It is surrounded on two side by two roads: Rt. 250 along the front and Rt. 825 along the side. While the road frontage and the narrowed middle portion of the property present some challenges to the location of new structures, there are two relevant considerations that the Board should keep in mind. First, the property is currently significantly developed. This particular parcel may not be able to accommodate much additional Page 4 VA 2002-018 Yancey Lumber Corp. September 17, 2002 development, including the location of a large rotary log crane. Secondly, the proposed rotary log crane is of significant size (height and reach); this size generates the need for significant variances of almost every height and setback requirement applicable. Because staff does not find an undue hardship, staff does not find the hardship to be unique. 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. Impact on Character of the Area The applicant offers: • The adjacent property and the character of the area are already affected and have been affected for numerous years by the location of Applicant's business and the crane would not be detrimental to it. Staff does not agree with the applicant's justification for this criterion. It is staff's opinion that the addition of this rotary log crane will be detrimental to adjacent property and to the character of the district. This opinion is based in part on the following: a. This crane will allow logs to be stacked up to 30 feet high, almost twice as high as they are currently stacked. This will visually impact adjacent roadways, including Rt. 250 an entrance corridor. (Staff will forward comments to the Board from the Architectural Review Board and the Scenic 250 Committee, once received.) b. The crane will be visible above the tops of the stacked lumber by an additional height of 70 feet (30 feet of logs stacked and a 100 ft log crane). The proposed crane is higher than the maximum structure height in the Heavy Industry district; c. The location and size of the proposed crane necessitate seven (7) different variances. In addition to being too high, it is too close to Route 250 and Route 825. Zoning regulations call for an increased setback for higher structures and none of the increased setbacks can be met by this proposal on this property. 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: Since none of the three criteria for approval have been met, staff recommends denial of this request. Should the Board find cause to approve it, staff recommends conditions which incorporate concerns of the A.R.B. Because they have not met on this item at the time of this writing but will meet prior to the BZA meeting, staff recommends that we hand out recommended conditions at the BZA meeting.