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HomeMy WebLinkAboutVA200300002 Review Comments 2003-04-01 STAFF PERSON: Amelia McCulley PUBLIC HEARING: April 1 , 2003 STAFF REPORT VA-2003-002 OWNERS/APPLICANTS: Richard Ovenshire & Sarah Dollard T/A Covesville Country Store TAX MAP/PARCEL: 109 / 7E ZONING: Rural Areas ACREAGE: 1.03 acres LOCATION: West side of Rt. 29 South at Covesville on St. Rt. 841 (old Route 29). This is the site of the Covesville Post Office and the Covesville Country Store (Johnson Store). TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.1.3 to decrease the area regulations for uses served by private well and septic. The Ordinance requires 60,000 square feet per use or a total of 180,000 square feet (4.13 acres) for these three uses. This is a variance request to reduce the area from 4.13 to 1.03 acres, a variance of 3.1 acres. The uses consist of the following: 1) the existing Covesville Post Office; 2) an existing apartment upstairs in the Country Store building; and 3) the proposed reopening of the Covesville Country Store. This variance is one of the initial County approvals which are necessary in order to reopen the Covesville Country Store. The owners propose to open a country store / gift, craft and antique store in the existing store building. A special permit approval is necessary in order to establish this commercial use. In addition, a review for compliance with the Uniform Statewide Building Code and issuance of a certificate of occupancy will be necessary. Due to the fact that additional parking is proposed, a site plan or plan waiver approval may also be necessary. The Post Office has one employee working at any given time. It shares the well and septic system with the Covesville Store. The septic system and reserve area are located on adjoining property to the rear. A septic easement plat has been recorded. RELEVANT HISTORY: The Covesville Country Store predates the Albemarle Zoning Ordinance. It was included in the Albemarle County survey conducted by the Virginia Department of Historic Resources. It is known as the Johnson Store and was built by the Boaz family in the 1910s. Some accounts say the original store structure was built 1880-1905 with later additions. It is a large, two-story, frame general store building. The Covesville stores (of which this is one of three) were established during a period of growth and prosperity to serve the surrounding farms and orchards. The Covesville Post Office was VA 2003-002 Covesville Country Store April 1, 2003 Page 2 run from the store beginning in the 1940s. The Post Office moved to the adjacent trailer in 1973. The store closed in 1994. The store has been closed for more than two (2) years and therefore, it has lost its nonconforming status. The prior owner submitted a special permit application to reopen the store but passed away before the application was complete. The current owners purchased the property in December, 2002. They operate a home business from their apartment on the second floor of the store. They have received County approval for this home occupation class A. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This parcel and the store structure predate the Zoning Ordinance and they are nonconforming in several respects. This parcel at 1.03 acres is almost / the size required for a new lot in the Rural Areas district. A large 2-story frame barn with basement (which shows on the physical survey plat and was located behind the Post Office trailer) has recently been razed and is being removed from the property. The owners are planning to utilize the area now available from the demo of the barn, for parking for the Store. The store is a 2-story building with basement and attic. A 2-bedroom apartment exists in a portion of the second floor of the store. The building consists of a total of about 5,300 square feet of finished area (not including basement and attic). At the time of the effective date of this ordinance, this lot was of an exceptionally small size. In staff's opinion, the offsite septic easement and the presence of an historic and sizable store structure, contribute to an extraordinary condition. This will be more fully described in the proceeding: • Offsite septic easement: The area regulations for uses served by private well and septic exist to assure sufficient land area with which to support the uses. We want to avoid allowing someone to build a structure or otherwise establish a use, for which they cannot accommodate a primary or perhaps a reserve septic field, as well as a potable water supply. In this case, there is an offsite easement for the primary and reserve septic field. Therefore, while the area of this lot is insufficient to support the septic needs for these uses, sufficient offsite area is available. (The Health Department has confirmed by phone that the septic area can accommodate the existing uses as well as restrooms for employees for the proposed store. A new septic system was installed relatively recently, around 1999.) • Presence of an historic and sizable store structure: As previously stated, the store building predates Zoning. The store structure is historically and culturally significant. The store structure is unusually large for only one use (either a store or a dwelling). The apartment use for the storeowners or caretakers has historically VA 2003-002 Covesville Country Store April 1, 2003 Page 3 been accessory to the store use. As stated by the applicants, the building and surrounding area are important to the community of Covesville. The Albemarle County Historic Preservation Committee has drafted a position statement on Albemarle County's historic country stores. In it, they make recommendations for the protection of country stores — one type of historic resource located in Albemarle County. They state, "These once vibrant structures are still a potent symbol of a rural way of life and are a significant part of our shared heritage." The HPC has recommended specific measures to reintegrate country stores as vital and contributing components of our county's rural landscape. In conclusion, staff is of the opinion that there are exceptional and unique conditions relating to this property, which justify a variance of this Zoning Ordinance section. 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: • Strict application of this ordinance would produce undue hardship to the Covesville Store, the Post Office and the town of Covesville. • The Post Office is the center of the Covesville community. Most people who live in the village of Covesville actually go to the P.O. to get their mail and many also go there to see their neighbors. This activity should add to our customer base, when we open the store and will further develop this property as a focal meeting place for the community. It will be important to our success that they are allowed to stay here. The Post Office has a viable operating structure that produces revenue and is profitable. To relocate the Post Office would be costly and inconvenient. There is also a nice element of the rural village meeting place that will become even better when the store opens back up on the premises. Given the size of this parcel, only one use can exist and comply with the area regulations of the Ordinance. The two uses, the Post Office and the apartment, currently exist as nonconforming uses. In order to comply with the Ordinance and reopen the store while maintaining a maximum of two uses, the owners would need to either vacate the apartment or remove the Post Office, or do both. None of the three uses have large water consumption or sewage generation. As stated by the applicants, the Post Office serves the community. As previously stated by staff, the apartment is a somewhat complimentary use to the proposed store. VA 2003-002 Covesville Country Store April 1, 2003 Page 4 It is staff's opinion that the exceptionally small size of the parcel, the existence of an offsite septic easement and the presence of a substantial and historic store structure, all contribute to unique circumstances. The strict application of the ordinance would produce an undue hardship. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • We believe that our hardship is not shared generally by other properties in the same zoning district and the same vicinity. This property was carved out of the larger parcel of land from the storekeeper's residence many decades ago and was meant to house the Covesville Store with the Post Office inside it. Some time later, the Post Office became structurally separate from the store with its own parking, while remaining on the same property. We think that this is probably an unusual occurrence that is not shared generally by other properties. Staff notes that while nonconforming lots and structures are not necessarily unique in the County or in this area, the combination of circumstances in this case is unique. The Covesville store and the Post Office are both important to this community and to the County as an historic and cultural resource. 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 Post Office has been in its present spot since the 1970s. All of the neighbors that we have met to date, have relayed their excitement about our plans for the store and many of them are /will be involved in the process, in one way or another. • By reopening the Covesville Store, we plan to bring back much of the character of Covesville. We plan to have a clean and reputable upscale business that will add to the culture and community of Covesville and be a positive attraction to Albemarle County and beyond. • It is important to us and to the village of Covesville to allow the Post Office to coexist on the property with the store. VA 2003-002 Covesville Country Store April 1, 2003 Page 5 Staff is of the opinion that the variance requested will not negatively impact the character of the area. It would be argued that granting the variance to allow the store to be further renovated and reopen will positively impact the character of the area. 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 of the three criteria for approval have been met, staff recommends approval of this request. Should the Board find cause to approve it, staff recommends the following condition: 1 . This variance is to permit the three uses within the existing structures on the existing parcel. The variance does not include any expansion of these uses or structures. 2. In the event the Post Office is relocated off of the property, another third use may not be established in its place. 3. Should the parcel be enlarged, no additional uses are authorized without amendment of this variance. • r 1, •('r Y. , i ,l,t I, If- , • t� ! - i�. SET) L i /{' r✓ •_' , / 7 ♦ L- trrr-•� t •.. o ,, r,, ) //o(A.t i '1=-:.° SUROEy • -O N/ \ SET) cb ,' / L V. 0) N ,, , 4u Tax Map 108 • Parcel 21 . i J. D 84 Louise R. Johnson N Tax Map 109 • Parcel 7D D.B. 428,p.492 D.B. 249,p.300(Plat) Mayo T. a Minnie K. Massie ii► D. B. 247,p.443 // (SET IRON D B. 176, p.228 �� j O . • �V i� / P (3) q� .0304 Acres Total - ' A - • `� • Tax Map 109 • Parcel 7E \Zg ,�►, 1 .0189 Acres o^`° • Fy 1 ° o ,.,,n got' $ ..0. • ... . .t.. :, , . . 7 fi, POLE ,N t. ♦ i -'d I w+>r ,. ® � - - - % 742. .. . •`3; ''•- s '';'• p .fit \ \ j Y • ;�� •' 71 ,--- A� - C�.' ,:" A• ''• - ,e• • \,e,,,,„,\ IRON I to �PEO. . 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