HomeMy WebLinkAboutVA201000001 Legacy Document 2010-04-27 (4)STAFF PERSON: J.T. Newberry and Amelia
McCulley
PUBLIC HEARING: May 4, 2010
STAFF REPORT VA 2010-01
OWNER/APPLICANT: Rio Road Shops, LLC (Owner) / Mattress Discounters
(Applicant)
TAX MAP/PARCEL: 61 / 122A
ZONING: C1, Commercial and EC, Entrance Corridor Overlay District
ACREAGE: 1.529 acres
LOCATION: 1650 Rio Road East at the southeast corner of the
intersection of Route 29 and Rio Roads.
TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from
Section 18-4.15.12 to a) increase the total wall sign area from the allowed maximum of
100 square feet to a total of 123.05 square feet; and to b) increase the allowed wall sign
area based on building frontage from 69.3 to 123.05 square feet, a variance of 53.75
square feet.
The allowable wall signage in the C1 and Commercial Office districts is based on 1
square foot of sign area per 1 linear foot of establishment structure frontage for the
primary frontage. If the establishment has two or more walls adjacent to a street, the
additional wall signage is calculated at one-third (1/3) the rate as allowed on the
structure frontage (Section 4.15.20 b). This establishment has Route 29 as its primary
frontage (for the 1:1 calculation) and Rio Road as its secondary frontage (for the 1/3:1
calculation). It is therefore calculated as follows:
Frontage
Allowed Sign Area
Proposed Sign
Increase by
(square feet)
Area (square
Variance
feet)
Primary (Rt. 29)
52
82.79
30.79
52 feet
Secondary (Rio
17.3
40.26
22.96
Road)
52 feet
Maximum aggregate
100
123.05
23.05
sign area
TOTAL
69.3
123.05
53.75
RELEVANT HISTORY:
VA 2010-01 Mattress Discounters
May 4, 200
Board of Zoning Appeals
Page 2
• ZMA 2005-010 Wachovia Bank and Shops at Rio Road were rezoned from
Commercial Office to C1, Commercial. This rezoning was approved on June 7,
2006 with only one proffer relating to the site layout.
• Site Plan SDP 2006-066 was approved on July 7, 2006. It proposed two
buildings with a total of over 18,000 square feet of retail area.
• Construction on this building began in 2007.
PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS:
The Virginia Code criteria per Section 15.2-2309 is 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 the ordinance, or
where by reason of exceptional topographic conditions or other extraordinary
situation or condition of the piece of property, or of the condition, situation, or
development of property immediately adjacent thereto, the strict application of
the terms of the ordinance would effectively prohibit or unreasonably restrict the
utilization of the property or where the board is satisfied, upon the evidence
heard by it, that the granting of the variance will alleviate a clearly demonstrable
hardship, 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 the ordinance.
This property has two road frontages: Route 29 and Rio Road. The property along the
Route 29 road frontage is relatively level. The parking area serving the building
adjacent to Rio Road is in two levels. The building is slightly below the grade of Rio
Road. The wall sign is still visible from both travel lanes on Rio Road. The property is
not of unusual size or shape nor is it of exceptional topography. Staff is not able to find
grounds for a clearly demonstrable hardship.
An advantage this property enjoys is that it is located at a major intersection with a
traffic signal. Therefore, vehicles waiting for the signal on both Route 29 and on Rio
Road, have a longer view of the wall signage than if the building were not visible from a
signalized intersection. Mattress Discounters is also listed on a freestanding sign
located on Route 29.
The existing sign on Rt. 29 meets the current Ordinance requirements and has been
approved by the Architectural Review Board. It is generally in keeping with the other
signs in the area in terms of size and location. The sign is located on the building within
what is known as the "sign band," an area constructed for this purpose. The proposed
30 square foot larger sign has not yet been reviewed by the ARB and may not fit within
the sign band. This comment is provided because ARB approval will be required for
VA 2010-01 Mattress Discounters
May 4, 200
Board of Zoning Appeals
Page 3
these signs and because this is a consideration of the third criterion relating to the
impact on the character of the area.
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:
• The signs are attractive and in keeping with the neighborhood. The 2 foot letter
set is existing and being relocated.
• The letter height is in place with other tenants.
• Mattress Discounters name length causes excess square footage.
1. The applicant has not provided evidence that the strict application of the
ordinance would produce undue hardship.
Uniqueness of Hardship
The applicant notes:
Other tenants in this center have similar signage but are not encumbered by length
of name.
Staff finds
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: No change in character and all properties enhanced.
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.
VA 2010-01 Mattress Discounters
May 4, 200
Board of Zoning Appeals
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STAFF RECOMMENDATION: Since, staff
Should the Board find cause to approve it, staff recommends the following conditions:
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