HomeMy WebLinkAboutVA200400009 Action Letter 2004-06-22 AL6��i
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COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road,Room 227
Charlottesville,Virginia 22902-4596
FAX(434)972-4126 TELEPHONE(434)296-5832 TTD(434)972-4012
June 22, 2004
Chuck Newton Sally Beauty Supply
Hightech Signs 3900 Morse Street
2165 Seminole Trail Denton, TX 76208
Charlottesville, VA 22901
Re: VA 2004-009 First Interstate Charlottesville LP / Sally Beauty Supply
(applicant)
Dear Sirs and Madams:
The purpose of this letter is twofold: to explain the basis for our rejection of your
application as incomplete and to solicit information for your justification which will meet
the State Code criteria for approval of a variance. As you should have heard by now,
this variance application is incomplete and will not be scheduled for a Board of Zoning
Appeals hearing until it is complete. Therefore, it will not be heard on July 13th per the
schedule for applications received by June 7th.
The application is incomplete in terms of the authorized signatures. Based on our
County Real Estate records, this property is owned by a limited partnership. According
to the guidelines from the County Attorney's office, the necessary supporting
documentation for any general partner's signature is a copy of the partnership
agreement. Once this documentation has been received, this application will be
scheduled for a BZA meeting according to the schedule and deadline for filing. In other
words, if this documentation is received by July 6th, it will be heard by the BZA on
August 3rd
In your application, you have written some responses for the three State Code criteria.
Please be advised that a hardship must be based on unique aspects of the property
itself. The business practice of a certain size for a sign is not grounds for approval of a
variance.
VA 2004-009 First Inter: ; Charlottesville LP / Sally Beaut) pply
June 22, 2004
Page 2
Please read the following excerpt from Albemarle County Zoning Ordinance Section
34.2 Powers and Duties of the Board of Zoning Appeals:
To authorize upon appeal or original application in specific cases such variance from the
terms of this ordinance as will not be contrary to the public interest, when owing to
special conditions a literal enforcement of the provision will result in unnecessary
hardship;provided that the spirit of the ordinance shall be observed and substantial
justice done, as follows:
When a property owner can show that his property was acquired in good faith and
where, by reason of the exceptional narrowness, shallowness, size or shape of a
specific piece of property at the time of the effective date of this ordinance, or where, by
reason of exceptional topographic conditions or other extraordinary situation or condition
of such piece of property, or of 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 where the board is satisfied, upon the
evidence heard by it, that the granting of such variance will alleviate a clearly
demonstrable hardship approaching confiscation, as distinguished from a special
privilege or convenience sought by the applicant, provided that all variances shall be in
harmony with the intended spirit and purpose of this ordinance.
No such variance shall be authorized by the board of zoning appeals unless it finds: (a)
that the strict application of this ordinance would produce undue hardship; (b) that such
hardship is not shared generally by other properties in the same zoning district and the
same vicinity; and (c) 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.
Please submit additional information which addresses the variance criteria. If you have
any questions, please do not hesitate to contact me.
S'ncerely,
iiliatic
•
Amelia G. McCulley, .I.C.P.
Zoning Administrator