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Home My WebLink AboutVA200400011 Correspondence 2004-07-22 _ A of `Pse", ley COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 July 22, 2004 Robert Michie 1066 Shadwell Station Ln Charlottesville VA 22911 Dear Mr. Michie: Per your request, I have enclosed a copy of Variance application 2004-011 Albemarle First Bank, T/A Shadwell Building. If you have any questions or need additional information, please call me at 434-296- 5832, ext. 3277. Sincerely, itt(r) Ana D. Kilmer Office Associate IV Zoning and Community Development Division /ak Enclosure -_JS1 U- U I _7_ Q 07900 te pi(160 Application for Variance I, Variance =5120 . 4, J/3 Project Name: Al BEMARLF FIRST RANK_ RILTJ DING - CHAMP 1 Tax map and parcel: 07900000001900 Magisterial District: SCOTTSVILLE Zoning: C-1 019A0, 019B0 Physical Street Address (if assigned):3025 I OIJTSA ROAD Location of property (landmarks, intersections,or other): RT 22 & RT 250, KESWICK, VA 22947 Does the owner of this property own(or have any ownership interest in)any abutting property? If yes.please list those tax map and parcel numbers Contact Person(Who should we call/wntc concerning this project?): MARSHALL PRYOR Address 1265 SEMINOLE TRAIL City CHARLOTTESVILLE State VA Zip 22901 Daytime Phone( 434) 960-4629 Fax# E-mail MPRYOR@ALBEMARLEFI RST.COM Owner of Record ALBFMARLE FIRST BANK Address 1265 SEMINOLE TRAIL City CHARLOTTESVILLE State VA Zip 22901 Daytime Phone( 434) 973-1664 Fax 973-5113 E-mail Applicant(Who is the Contact person representing?); ALBEMARLE FIST BANK Address 1265 SEMINOLE TRAIL City CHARLOTTESVILLE State VA Zip 22901 Daytime Phone ( 434) 973-1664 Fax 973-5113 E-mail OFFICE US NLY (� _/J r L, �( /J F.-cc amount S. Date Paid 74 / Check X 5By WhO? ?/`L`�' ""� T A �7 C./'� Leiipt v ! `r By: _`-'r[/� County of Albemarle Department of Building Code & Zoning Services �] ns .04 401 McIntire Road Charlottesville,VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 U r4.85 L/J 1 1/26/02 Page 1 of 2 eq-kPitt' ao _Iv - T6v PP /a5' (i35 • The following information shall be submirt. h the application and is to be provided b; applicant: 1: I) Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey. please provide legal description of the property and the Deed Book and page number or Plat Book and page number. 2) The appropriate drawings showing all existing and proposed improvements on the property,with all dimensions and distances to property lines,and any special conditions on the property that may justify the request. 3) Fee payable to the County of Albemarle. 4) Description of Request: SEE ATTACHMENT #4 5) Justification shall be based on these three(3)criteria: • I) That the strict application of this ordinance would produce undue hardship. SEE ATTACHMENT #5 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. SFF ATTACHMENT #5 3) That the authorization of such variance will not be of substantial detriment CO adjacent property and that the character of the district will not be changed by the granting of the variance. SEE ATTACHMENT #5 Owner/Applicant Must Read and Sign The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not been submitted by the deadline. I hereby'certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my kno and belief. JULY 2, 2004 Signa e of Owne ,C tract Purchaser, Agent Date F_ MARASHAIL PRYOR VP AGENT (434)960-4629 Print Name ALBEMARLE FIRST BANK Daytime phone number of Signatory 11/26/02 Page 2 of 2 VA-2004-011 (Signs # 2 & 6) Albemarle First Bank (owner/applicant), T/A Shadwell Building. Request a variance to reduce the land area required for 15 (commercial) establishments on private well and septic, from 900,000 sq ft to 88,688 sq ft, a variance of 811,312 sq ft. or 18.63 acres. Based on the site area of 88,688 sq ft, one establishment would be permitted. Located at 3025 Louisa Road on the south side of Rt. 22 adjacent to the north of the C & 0 Railway and Route 250 East. Tax Map 79, parcels 19 and 19B. Zoned C-1 , Commercial and EC, Entrance Corridor Overlay district. l• I i n.nmcn I tt•t ' The applicant requests a variance to permit multiple "Commercial uses" on the subject property. The property consists of a 2-story building of 14,000 sq. ft., each story opening on grade and one small building of 2,200 sq. ft. Current zoning permits • only one "Commercial use" in the property. It would be virtually impossible due to the location of the property and the physical design of the building (A) to have a single use. • At the present time Albemarle First Bank, the applicant, occupies one level of 7;000 sq. ft. of the 14,000 sq. ft. building. The property has ninety-eight (98) parking spaces and a septic system approved by the Health Department for 1,130 gallons per day. No variance is requested with respect to parking, septic, square footage, or types of uses. This request is solely for the number of "commercial uses" permitted. The applicant acquired the property via foreclosure and it would place an undue hardship on the property to be limited to a single or two uses of the property. Albemarle County does not have a definition of "Commercial use". We are advised that two (2) office tenants would be two (2) "commercial uses". A florist, gift shop, and shoe shop would be three (3) "commercial uses". Having a diversity of "Commercial uses" which comply with the parking and septic system limitations would have no adverse impact on the surrounding property as the total number of employees and/or customers per/sq. ft. would be virtually the same whether there were "3 commercial uses" or "12 commercial uses". Likewise multiple uses would create no more traffic. The property is unique in that it is bounded on the West by a convenience store/filling station, on the East by a railroad and oil distribution company, on the South by a railroad and Route 250 and on the North by State Route 22. The property has had commercial use as long as anyone can remember and no change in use is occurring or being requested. It is our understanding that the major reason for the ordinance (limiting a property having a private well and septic system too one "commercial use") is to insure control. A limitation for water usage of 1,130 gallons a day has been placed on this property and that should provide a sufficient safe guard. Likewise seventy-nine (79) parking spaces limit the number of uses and types. Therefore, it is unnecessary and an undue burden on the property to restrict its occupancy to one or two "commercial uses". Restricting the property to one or two "Commercial uses" would place a undue hardship on applicant and have an adverse impact not only on the property, but the surrounding properties as has been evident over the past several years. Not to be overlooked is the fact that restricting the property to one or two "commercial uses" would significantly reduce the property value, and in turn tax revenue to Albemarle County. Albema...,e First Bank Phone 1(434)951-6855 FAX 1(434)817-2716 Memo To: . Jim Covington From: Marshall Pryor Date: 7/1/2004 Re: Shadwell 1. The property would not detrimentally affect the community around it by allowing more than two(2) entities • to use said property on its own well and septic 2. This small commercial pocket contains a convenience store, GOCO Oil facility separated by railroad tracks. This pockets is secluded and buffeted from any other agricultural area adjacent You also have in this area Luck Stone, Clifton Inn and Stone Robinson School bracketed by Interstate 62 and Rt 250. 3. By having a number of businesses using this location would not alter the traffic flow or usage. Nor would it adversely affect the septic fields or their absorption rate. 4. The property would be under the control of one owner,which would allow for complete control of the septic fields and the type of occupancy by tenants and their usage. 5. The maximum septic usage 1,130 gallons per day would not be affected by this variance. 1