HomeMy WebLinkAboutVA200900008 Legacy Document 2009-09-04 (3)Staff Person: Sherri Proctor
Public Hearing: September 1, 2009
STAFF REPORT VA -2009-008
OWNER/APPLICANT: Preston O. Stallings
TAX MAP/PARCEL: 56-110A
ZONING: Highway Commercial — HC and Entrance Corridor
Overlay
ACREAGE: 18.113
LOCATION: 5221 Rockfish Gap Turnpike
TECHNICAL REQUEST AND EXPLANATION: The applicant requests a
variance from Section 21.7.b which requires a minimum distance of 50 feet
between any commercial structure and a residential or rural area zoned district.
The request is to reduce that minimum distance from 50 ft. to 39 ft. The variance
would allow the existing storage building to be extended by 12 ft. on the north
and south walls of the building so that the materials that are currently stored in
the structure would be better protected from the elements. This is a variance of
11 feet along both edges adjacent to Rural Area zoning.
RELEVANT HISTORY: There are no active zoning violations on this property.
The site is currently the location of Blue Ridge Builders Supply. In 1990 ZMA 89-
3 was approved allowing a 2.0 acre portion of the site to be rezoned to Highway
Commercial. In exchange, a 2.0 acre parcel on the Route 250 frontage was
down -zoned from Highway Commercial to Rural Areas, resulting in the current
zoning configuration. In 1997, VA -97-5 was denied that would have allowed a
setback reduction from 50 ft. to 0 ft. in order to construct a U-shaped storage
shed. In 1998 a site plan amendment was approved showing a 65 ft. by 300 ft.
storage shed/pole barn. In 2008, a building permit was approved for this storage
structure, then measuring 60 ft. by 275 ft.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This 18.113
acre parcel is the site for Blue Ridge Builders Supply. As previously mentioned, a
rezoning was approved to rezone a 2.0 acre portion behind the retail store to
Highway Commercial and "a swap" for a 2.0 acre parcel along Route 250 (TMP
56-110E) down -zoned to Rural Area. This business currently uses a storage
shed that was constructed in 2009. The applicant states that the current shed
does not provide adequate protection for the lumber from the heat and is causing
damage to it. They would like to extend the structure by 12 feet on the north and
south sides to offer better protection from the elements. In the request, the
applicant states that an asphalt surface was required as part of the site plan
approval and that the heat being absorbed from the asphalt is causing damage to
the lumber.
Variance Report VA -2009-008 - 2 - September 1, 2009
While staff acknowledges that the required asphalt may be contributing to the
problem and that the applicant may perceive this as an undue hardship, the
applicant does have adequate use of the property for its intended purpose. It is
staff opinion that the request does not meet the strict criteria required for a
finding of hardship and that granting the variance would be a mere convenience
to the applicant.
Section 21.7.b states:
"No portion of any structure, excluding signs, shall be located closer than fifty
(50) feet to any residential or rural areas district. No off-street parking or
loading space shall be located closer than twenty (20) feet to any residential
or rural areas district."
The 1990 rezoning resulted in a unique zoning configuration such that the portion
of the site of the shed is surrounded entirely by Rural Area zoning, except for the
60 foot stretch that connects the 2.0 acre portion zoned HC (see attached zoning
map, Exhibit "B"). With this in mind, it should also be pointed out that the
surrounding Rural Area property is under the same ownership of the applicant. In
a typical situation, an individual parcel would not be separated by zoning
boundaries. The intent is that residential and rural area properties are protected
from commercial properties. In this case, the parcel is dual -zoned and could be
considered a somewhat unique situation not shared by other properties in the
same zoning district and the same vicinity. However, this dual zoning and
configuration did result from owner/applicant's request in 1989.
With regards to authorization of a variance, Section 34.2 of the Zoning Ordinance
states:
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.
The emphasis above is to remind the Board that this phrase was removed from
the enabling legislation by the General Assembly this year even though the local
code has not been amended to reflect this change.
Variance Report VA -2009-008 - 3 - September 1, 2009
APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the
variance criteria provided by the applicant and comments by staff follows:
Hardship
The applicant states that:
"Blue Ridge Builders is losing the value of dimensional lumber (2x4, 2x6, 2x8,
etc.) each month because of the sun and heat on the stacked lumber. Also
another factor that has additional impact is the county requirement for an asphalt
surface (not at former site). It is estimated that it is costing Blue Ridge Builders
$500 to $1000 per mo."
It is staff opinion that the applicant has adequate use of the property. The
property was rezoned in an attempt to construct a storage shed to meet the
setbacks. The storage shed was constructed and is being used. The zoning
configuration is a result of the applicant's request. The applicant has applied for
a rezoning to address the distance from the Rural Area zoning Requesting a
rezoning appears to be the more appropriate remedy to pursue.
The applicant has not provided evidence that the strict
application of the ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant notes:
"Blue Ridge Builders are the only Crozet materials supplier in [the] area. The
[loss] of lumber from the heat, sun and other elements is costly each month.
Even in bounty paks (sic) lumber is `curling up' on ends, making the lumber
essentially worthless."
Staff acknowledges that the loss of materials is of concern to the business.
However, since there is no finding of hardship, there can be no finding that the
hardship is unique. Staff does acknowledge that even though there is no undue
hardship, the zoning pattern on the site is unique.
2. The applicant has not provided evidence that such hardship is
not shared by other properties in the same zoning district and the
same vicinity.
Impact on Character of the Area
The applicant offers:
Variance Report VA -2009-008 - 4 - September 1, 2009
"The surrounding area [of] the parcel belongs to the same owner and maintained
in RA zoning. Several years ago the owner in working to support the interest of
the Rt. 250 Task Force and the Crozet community removed the commercial
zoning on Rt. 250 (parcel 56-110E) in exchange for this commercial zoning
area".
Staff acknowledges that this property a somewhat unique zoning configuration,
resulting in dual zoned property under the same ownership. It is staff opinion that
the reduction in setback along that rural area will not adversely impact the
adjoining property as it is under the ownership of the applicant and that the
character of the district will remain as intended.
The applicant has provided evidence that the authorization of
such variance will not be of substantial detriment to adjacent
property and that the granting of the variance will not change the
character of the district.
STAFF RECOMMENDATION: Staff finds that only one of the three criteria for
the granting of the variance is met and therefore must recommend denial of the
request.
Should the Board find cause for approval, we recommend the following condition:
This variance approval is limited to the shed additions to the north and
south walls of the building.
Attachments:
A — Application and supporting exhibits from applicant.
Application for
Variance
21�ariance = $120
Attachment A
Project Name: RkLe
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Tax map and parcel: �Sb�%"0® /o-//OAAIagisterial District: /{7 Zoning:
Physical Street Address (if assigned):
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Location of property (landmarks, intersections, or other):
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Contact Person (Who s
this project?):
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Addressy� 960-3979
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Daytime Phone "/3 `960-- 3 9 %ObFax # ( ) E-mail /✓FL 5 9-14 6v
Owner of Record
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Daytime Phone
Fax #
E-mail
Applicant (Who is the Contact person representing?):
Address
Daytime Phone O
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature:
Fax # ()
E-mail
FOR OFFICE USE ONLY VA # < VQ I CJ% -V W U SIGN #�,;�
ZONING ORDINANCE SECTION:
2 ( • "I 61
Fee Amount $/900 Date Paid �gBy who? D' ' v 1l N r Receipt #z54?/0
State Y Zip
State Zip
County of Albemarle Department of Community Development S p
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9714126
7/1/08 Page 1 of
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The following information shall be submitted with the application and is to be provided by the applicant:
1) 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.
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5) Justification shall be based on these three (3) criteria:
1. That the strict application of this ordinance would produce undue hardship.
2. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
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3. 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 b the gTanting of the variance. / y/
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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.
Ownership information — If ownership of the property is in the name of any type of legal entity or organization including, but
not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a
document acceptable to the County must be submitted certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's
written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the
existence and scope of the agency. Please attach the owner's written consent.
I hereby certify that the information provided on this application and accompanying information is accurate, true and correct
to the best of my knowledge and belief.
Signature of Owner or Contract rchaser, gen
Print Name
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Daytime phone number of Signatory
7/t/08 Page 3 of 3
VA200900008 (Sign # 63) Preston O. Stallings / Blue Ridge Builder's Supply
(owners/applicants). Request to reduce the building setbacks adjacent to Rural Areas
zoning along the north and south property lines, required in Sec. 21.7 b., from 50 to 39
ft to allow an addition to the existing storage building for Blue Ridge Builders Supply.
Property is located at 5221 Rockfish Gap Turnpike on the south side of Rt. 250 near
Crozet. Tax Map 56, parcel 110A, Zoned HC, Highway Commercial and EC, Entrance
Corridor Overlay.
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