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Home My WebLink AboutVA200500001 Review Comments 2005-04-12 (2) STAFF PERSON: Amelia McCulley PUBLIC HEARING: April 12, 2005 STAFF REPORT VA-2005-001 OWNER/APPLICANT: New Dominion Management LLC (owner) / Kumon Math & Reading Center (applicant) TAX MAP/PARCEL: 61Z - Section 3 - Parcel 205C ZONING: PUD, Planned Unit Development ACREAGE: 1.882 acres LOCATION: Suite 205C at 1410 Incarnation Drive at the Branchlands Professional Center Office Building at the intersection of Hillsdale Drive and Branchlands Boulevard. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.11 to allow a business establishment without structure frontage to have a wall sign. This is a variance to increase the size of a proposed wall sign from 0 to 21 square feet. The Kumon Math and Reading Center does not have structure (wall) frontage along the street. Therefore, they do not qualify for a wall sign. APPLICABLE ZONING REGULATIONS 4.15.11 REGULATIONS APPLICABLE IN THE PUD AND NMD ZONING DISTRICTS The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD) and Neighborhood Model (NMD) zoning districts: Wall Sign: As calculated pursuant to section 4.15.20 1 square foot per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign 20 feet ... 4.15.20 DETERMINING STRUCTURE FRONTAGE The structure frontage shall be measured to calculate the permitted wall signage as provided herein. a.Measurement. The structure frontage is the horizontal length of the outside structure wall of the establishment, in one plane, adjacent to a street. b. Two or more walls adjacent to a street. If an establishment has two (2) or more walls adjacent to a street, at least one of which is an exterior wall, one (1) of these additional walls may be used to calculate additional wall signage at one-third (1/3) the rate as allowed on the structure frontage. The total permitted wall signage may then be divided to be used on any walls of the structure and/or canopy, provided that no one wall sign shall exceed the applicable maximum allowable sign area. VA 2005-001 New Dominic,., ,Management LLC April 12, 2005 BZA Page 2 RELEVANT HISTORY: The Branchlands Professional Building Final Site Plan was signed by the County on March 11 , 1999. The prior sign regulations limited wall signs in the PUD zoning district to 32 square feet and were amended on May 9, 2001 to allow wall signs up to 100 square feet. Prior to that amendment on August 1 , 2000, the BZA approved a variance for Atlantic Sports and Rehab (in this office building) to allow a wall sign of 48 square feet. Kumon-Charlottesville was approved to occupy this site for their business on February 10, 2004. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property has street frontage on both Hillsdale Drive and Incarnation Drive. The entrance to this property is from Incarnation Drive. This is a two-story building which is served by three building entrances and parking areas in three areas. (To the north along Incarnation Drive direct access is at the upper level or second story; to the west along the longest portion of the building and the portion which faces the main road (Hillsdale Drive), direct access is to the first floor; to the south on the other side of the building from Incarnation Drive, direct access is also to the first floor. There are about 12 different business suites within this building. The Kumon Center is located on the south side of the building. This wall of the building is not adjacent to a street. The property is currently served by a freestanding sign (in the northwestern corner adjacent to Incarnation Drive) listing each establishment by suite number. This sign is not readily visible from the external road, Hillsdale Drive. In addition, neither this sign nor other signage directs customers to the appropriate building entrance or parking serving these businesses. The President of the condo owners association for the building has approached the County about providing new signage on this property to both a) (externally) identify the businesses within this building to travelers on Hillsdale Drive and b) (internally) identify the location of specific businesses within the building for those customers who are in the parking area. Staff recommends that this comprehensive solution for the entire building is more appropriate than individual variances for individual businesses within the building. We have urged the applicant to withdraw his request and work with the association towards a solution for the building. VA 2005-001 New Dominil lanagement LLC April 12, 2005 BZA Page 3 Staff is not able to identify exceptional aspects to the property itself (size, shape, etc.) which give rise to the need for this variance. As a result, staff recommends denial of this variance request. 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. 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: • Currently there is no marketing signage to recruit students and to increase awareness of the Kumon Center. Therefore this creates an undue hardship for the center without signage. Staff recognizes the need for better signage for this building. However, we cannot find an undue hardship relating to the property itself, for this particular applicant. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The other suites have signage to attract customers whereas Kumon does not. Staff notes that not all businesses in this building have wall signage. Staff further notes that wall signage is not the only means of marketing nor the only type of signage available to this site. VA 2005-001 New Dominiui, ivlanagement LLC April 12, 2005 BZA Page 4 Since staff finds no hardship, staff is unable to find that the hardship is 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 Kumon sign will not be of substantial detriment to the property and the character of the district because the proposed signage will be small, well- designed and professional. Staff agrees that the proposed signage is small and not unattractive. However, approving this sign for this suite may lead to further wall sign requests from other businesses in this building. The result of multiple wall signs can be a detrimental impact on the character of the area. 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 the following conditions: 1. This sign is limited to 21 square feet in area. 2. The sign may not be illuminated. : . . . ' _ .. � \ „....... .. • r 1. .. .ae�i'+7kakw+kaf7MC.,. _- - t• _ -. . — 2. a l ..muntotom.tot. t r INPL"IMIC ,,,,,....1 4 -' Channel Letters - CL Wall Sign 8.-3 I/2' Ca • O /<4-114J1/.4- 41110 MATH. READING. 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Box 7060 Charlottesville,Virginia 22906 (434)973-9044 County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville,VA 22902-4596 To: Amelia G. McCulley,A.I.C.P. RE: VA-2005-001 New Dominion Management LLC (owner) Kumon Math&Reading Center(applicants) (Sign#1)Tax Map 61Z, section 3, Parcel 205C Dear Ms. McCulley, Holtrust House LLC, Sargent House LLC, & Whistler House LLC have received your letter dated March 24,2005 for the signage for the business stated above and was very concerned regarding the lighted sign. I see where there is a sign on the side of the building for Nation Wide Insurance Agent William Rudd. I am not for sure if it is a lighted sign or not,but it is not very big&is on the far left of the building Closer it) Hillsdale Road. As far as I know I have no complaints on the Insurance Agents sign. We do not have any problems if the sign is not as big as the sign already present and not lighted sign since it will be closer to our building and may be visible to our resident's homes. Please keep us informed regarding this matter. Sincerely, Ina M.W. Langman For Holtrust House ouse LLC Whistler House LLC `..`�r►1' d i ED IMWL/pbg MMUNIIY DEVELOPMENT Ana Kilmer From: Amelia McCulley Sent: Monday, April 11, 2005 12:51 PM To: Ana Kilmer Subject: FW: Branchlands Professional Center Signage fyi Original Message From: RUDDWl@Nationwide.com [mailto:RUDDWl@Nationwide.com] Sent: Monday, April 04, 2005 2:06 PM To: amcculley@albemarle.org Subject: Branchlands Professional Center Signage Hi Amelia. . . Not sure if the signage issue for the Branchlands Professional Center is still on the table. I understand that Debbie Benz and Jason Strickland visited with you recently about a firm in our building (Kumon) who petitioned the County for additional signage space. I purchased an Office Condo at Branchlands in 2003. I was denied space on the front of the building facing Hillsdale because availability had been exhausted. I was ultimately granted permission to place a small sign on the South End of the Building and was told that no additional signage would be allowed per County Ordinance. First come, first serve, if you will. My concern is that once we open Pandora's Box, most of Branchlands Neighbors, will seek space on the Building for their signs. Certainly, I would aspire to have a more prominent sign on the front of the Building (West Side) facing Hillsdale. When I was in the market for Office Space, it was a consideration at the point of sale, as opposed to after. While I sympathize with Kumon and other business neighbors in our building who would like exterior signage on the building, I feel the County has its reasons for the Ordinance. I would therefore, not be in favor of additional signage on the Exterior of the Building. Please let me know if/when this issue is resolved. Thank you, Bill Rudd Owner, Suite 206 RECEIVEU APR 1 1 2005 COMMUNITY DEVELOPMENT 1 Branchlands ProfessionalCenter Condo Association April 7, 2005 Amelia G McCulley 401 McIntire Rd Charlottesville,VA 22902 Dear Ms. McCulley: The purpose of this letter is to inform you that we are opposed to Variance 2005-01 applied for by New Dominion Management LLC (owner)/Kumon Math & Reading Center. We do not want any additional signs to be added to the current wall signage we already have. Sincerely, (_____. So trick) Treasurer Cindy Grace Board Member Mark Tulenko Board Member ,,4D. ,,..ersi\_/- .S?)c.____ Deborah Benz President Keith Lynch Vice President 4, Willis Board Memb r Ana Kilmer From: Amelia McCulley Sent: Wednesday, March 30, 2005 2:52 PM To: Ana Kilmer Subject: FW: Sign Variance for Branchlands Professional Building Let's also distribute this email to the BZA at the mtg. Original Message From: Debbie Benz [mailto:debbie@chappellgraphics.com] Sent: Wednesday, March 30, 2005 2:49 PM To: Amelia McCulley Subject: Sign Variance for Branchlands Professional Building Ameila, Thank you so much for meeting with Jason and I yesterday. I would like to formally voice my opposition to this variance applied for by Kumon Math and Reading Center. There are several other businesses that have been told there were to be no other signs placed on the building, and I also fear this would negate our chances of getting a free-standing sign that represents all businesses in the building, not just Kumon. Thank you so much for the valuable information that you and Keith Lancaster shared with us. Deborah Chappell Benz President, Branchlands Prof. Condo. Assoc. Chappell Graphics incharlottesville.com 434-971-7334 Fax 434-977-6576 1410 Incarnation Drive, Suite 203 Charlottesville, VA 22901 RECEi MAR 30 2005 COMMUNITY DEVEL0i-, i Page 1 of 1 Ana Kilmer From: Amelia McCulley Sent: Thursday, March 31, 2005 10:24 AM To: Ana Kilmer Subject: FW: New Dominion Management, LLL, operating as Kumon Math & Reading Center sign Please copy for BZA. From: Tony Valente [mailto:tonyvalente@compuserve.com] Sent: Thursday, March 31, 2005 9:30 AM To: Amelia McCulley Subject: New Dominion Management, LLL, operating as Kumon Math & Reading Center sign Dear Amelia, I understand that you are receiving email comments regarding a variance request for the placement of a sign onto the Branchlands Professional Building located at 1410 Incarnation Drive. I own 3 condominium units (204, 205A and 205B) in that building and would like you to know that I am opposed to any additional signage being affixed to its exterior façade. I would also like to have you make sure that all current signage affixed to the building, including temporary signs and/or banners are in compliance with existing regulations Lastly, I support any type of directory that can be erected away from the building to help make it easier for customers and clients to identify where they need to go within the building. Sincerely, Tony Valente (434) 825-9040 RECEIVED RECEIVED !vim . 1 2005 MAR l2005 COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT 3/31/2005 RECEIVED APR 01 MIS New York Life Insurance Company 1410 Incarnation Drive, Suite 201 March 30, 2005 'cMMUNt t)OvISWPMrryT T Charlottesville 81 808pVA 22901 F 434 817 8085 hcraddock@ft newyorklife corn Howard B.Craddock,J.D. Agent Amelia G. McCulley, A.I.C.P., The Company You Keep' Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville, VA 22902 RE: VA-2005-001 New Dominion Management Zoning Appeal Dear Ms. McCulley, I am writing in response to your letter of March 24th regarding the request for relief from the existing zoning restricting the size of the wall signage on the building at 1410 Incarnation Drive. My father and I are owners of one of the condominium suites of this building. I regret that I will be unable to attend the meeting on April 12, 2005, but wanted to write you about this request. I strongly object to additional signage being placed on the exterior of this building. The existing signage is inconsistent, haphazard, and unattractive, and because of the amount of existing signage, most of occupants of our building are Unable to advertise our businesses in a manner that is visible from the street. The developer of this building, Dr. Charles Hurt, apparently allowed all of our available signage exposure to be consumed by only a few tenants, which has created quite a hardship on the other occupants of the building. Instead of allowing this variance, I would prefer that our building remove all existing signage, and create a comprehensive plan for exterior signage that gives reasonable and adequate representation to each one of the occupants of the building. I doubt seriously this that will ever happen,but stopping more signage from being allowed, that does not give representation to the numerous building occupants, is a good first step. Sincerely, 4/1). , 41 Howard B. raddock, J.D. William H. Craddock, CLU, ChFc DlLND II BLE Registered Representative offering securities through NYLIFE Securities Inc Licensed Agent Member NASD/SIPC New York Life Insurance Company 4400 Cox Road, Suite 110 New York Life Insurance and Annuity Corporation Glen Allen,VA 23060 (A Delaware Corporation), New York, NY T 804 935 5300 ATLANTIC SPORTS &REHABILITATION SERVICES. INC. • March 30,2005 County of Albemarle Department of Community Development 401 McIntire Rd, Room 227 Charlottesville,VA 22902 Dear Ms.Amelia G. McCulley: This letter is to notify you, that I stand firmly opposed to the application for Variance 2005-001 that New Dominion Management LLC (owner)/Kumon Math & Reading Center have made. Please make note of the attatched letter written by Mr. Charles W. Hurt. The original understanding Mr. Hurt and I had was that the sign for Atlantic Sports and Rehab would be the only sign placed anywhere on the face of the building I would like for the building's signage to be as close to that original understanding as possible. Sincerely, Mark Tulenko Owner&CEO RECFrofFr, MAR 30 2005 COMMUNITY LE V. 1410 Incarnation Drive(Suite 101) Charlottesville,Virginia 22901 Tel: 434.978.4915 Fax: 434.978 7194 e-mail: asrs@atlanticsportsandrehab.com www.atlanticsportsandrehab.com CHARLES WILLIAM HURT VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 • CHARLOTIESVILLE, VIRGINIA 22906 i AREA CODE 804 TELEPHONE 979-8181 FAX 296-3510 1 September 13, 2000 Mark Tulenko 1410 Incarnation Drive, Suite 101 Charlottesville, Virginia 22901 Re: Branchlands Professional Sign Approval Center Dear Mr. Tulenko: This letter is architectural approval represent that the building pproval of the current declarant gives intended facing Hillsdale Drive and thatgt on the front the r Permitted this is the only on the front face of the building. sign There is a one- of occupancy (July 24 one-year for the building from the date Yours truly, C /sf Charles W. Hurt t MAR 30 2005 cOMMuNr-fY DE Vr.I. , Id1, y 1 1 1 i �, , f IL Your variance request Page 1 of 1 Amelia McCulley From: dan tribastone [dantribastone@earthlink.net] Sent: Tuesday, March 15, 2005 2:54 PM To: Amelia McCulley Subject: My Variance request Hi Amelia, Sorry for all the confusion. Let me try to clearify. I've been told there is only X amount of square footage of signage allowed on our building and that our building has met that max number. We are asking for additional footage to acccommodate our sign on the side of the building. The square footage can be determined by the attachment showing sign specs (20.83 sq. ft). We have an unlit 6" by 18" plaque currently at the entrance to 1410 Incarnation Drive directing folks to our Kumon Math & Reading Center. This is woefully inadequate for the moms and dads looking for our center. We are simply asking permission to put a lit, professional, tastefully designed sign on the south side of the building. It would be facing the side of a child care facility but would adequately help folks locate us as shown in the attachment. Right now the only signs on the building are one for Atlantic Sports & Rehab, Chappelle Graphics on the front and Nationwide insurance on the south side. We would like to be beside Nationwide as shown on the second attachment. I believe John Sheppard spoke to the folks at our Regional office in DC. Please feel free to call me with additional questions at 806-7071. Warm Regards, Dan Tribastone My name is Amelia McCulley, zoning administrator for Albemarle. I'm writing to get further info for your variance request. That information is needed to keep your application on schedule and not defer it until the next deadline. • What exactly is the variance you are requesting -what specific size, etc? • What other signage do you have onsite? How does the existing signage not serve the purpose intended by the new sign? Also, did you meet with someone here on staff? I can't find someone familiar with this. We may need to meet. Give me a call if you wish at 296-5832 x3229. Thanks. I 4 FZ 2Nos co' 3/17/2005