HomeMy WebLinkAboutVA199500005 Plan - Approved 1995-06-06COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5875 FAX (804) 972-4060
TDD (804) 972-4012
June 8, 1995
Richard A. Cooper
P.O. Box 62
Crozet, VA 22932
RE: Variance Application, VA -95-05
Tax Map 57, Parcel 3 1 A
Dear Mr. Cooper:
This letter is to inform you that on June 6, 1995, during the meeting of the Board of Zoning
Appeals, the Board unanimously approved your request for VA -95-05, subject to the following
conditions:
1. The variance is granted for the work currently proposed with the building permit,
AC -94-530 (for 1 -story only). Any additional square footage which would
encroach the required setback, or any change which is determined to be
substantial by the Zoning Administrator, shall require amendment of this variance;
2. Virginia Department of Transportation approval of sight distance at all
intersections impacted by this structure. In the event that the building addition
reduces the sight distance, that area of addition shall not be permitted;
3. This variance approval is contingent upon approval of any other applicable
applications, including the site plan and the public sewer service. This approval
is contingent on approval of a certifidate of appropriateness from the Architectural
Review Board.
Richard A. Cooper
June 8, 1995
Page Two
Under Virginia Code Section 15.1.496-1, if you disagree with this decision you may appeal
within thirty days of the date of this letter by filing with the Circuit Court of Albemarle County.
If you do not file such written appeal within thirty days, this decision will become final and
unappealable.
If you have any questions, please contact our office.
Sincerely,
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
AGM/db
cc: File
STAFF PERSON: Amelia McCulley
PUBLIC HEARING: June 6, 1995
STAFF REPORT - VA 95-05
OWNER / APPLICANT: Richard A. Cooper / T/A Cafe No Problem
TAX MAP / PARCEL: 57 / 31A
ZONING: C1, Commercial
ACREAGE: 1.387 acres
LOCATION: Bounded by Rt.
the east and Lickinghole Creek on
located just off U.S. Rt. 250 West
& O Railway bridge.
REQUEST•
and EC, Entrance Corridor
240 on the south, Rt. 680
the north and west. It is
at the Mechums River and
on
the C
The applicant seeks relief from Section 21.7.1 of Commercial
Districts, Generally, in order to construct a building addition.
This is a request to reduce the building setback from 30 feet
from public streets, to 7 feet from Rt. 680 and to 9 feet from
Rt. 240. The building is currently located 16 feet from Rt. 68C
and 18 feet from Rt. 240.
(The Board may recall this proposal in the appeal, AP 95-02,
heard at the last meeting. The appellant is in the process of
seeking approval for those zoning violations discussed by that
appeal.) The applicant has submitted a site plan for a building
expansion, which includes the addition of a second floor for an
apartment. The current variance request does not include a
parking setback reduction; therefore, any new parking is expected
to comply with the 10 foot setback required from public streets.
The applicant has also submitted a request to the Board of
Supervisors to provide public sewer to the proposed site plan.
In addition, a special permit will be necessary if there will be
fill in the floodplain. In the event the Board finds cause for
approval of this variance, it will be subject to the conditions
of these other approvals.
Hardship
Almost half of the existing structure is nonconforming as it sits
and has sat for thirty-five years. A porch has been located
there as well. The hardship resulting from moving half our
building and porch is great.
Staff Report - VA -95-05
Page Two
Uniqueness of Hardship
As the site plan reveals, the topography of the site does yield
exceptional conditions. We are bounded by a creek that requires
a setback to accommodate our parking lot - most of which is in
the floodplain.
Impact on Character of the Area
I am unaware of any detriment that would result from granting
this variance. Many, if not most of the structures located
nearby are 2 -story structures and some are three stories. Our
structure would not change the character of the district. It is
largely isolated.
RELEVANT HISTORY:
This restaurant was built prior to zoning in Albemarle. It has
been called "Pop and Ethel's," "The Gallerie," and "The Ridge."
The current owner has named it "Cafe No Problem." The full
history was discussed with the appeal, AP 95-02. The Board of
Zoning Appeals, on May 2, 1995, confirmed the determination of
zoning violations rendered by the Zoning Administrator.
STAFF COMMENT AND RECOMMENDATION:
Further development of the property is limited by several
factors: the property is triangular in shape, with public roads
on two borders and a creek on the third. The presence of public
roads imposes a 30 foot building and 10 foot parking setback on
two borders. The creek has associated floodplain and
additionally, that border has setbacks imposed by the water
resource protection ordinance and the runoff control ordinance.
The location of the existing development of the property further
dictates available area of building expansion. Building addition
to the rear is towards the creek, to the east and south is
towards Rt. 680 and Rt. 240, and to the west side it would
encroach into the available parking area. The parking area is
constrained from expansion by the creek floodplain and buffer
area setback.
The applicant has explained that the proposed building expansion
is not an expansion of use. The building changes in the
restaurant area (downstairs) will not increase the seating
capacity, but will shelter what was previously outdoor seating.
There was a trellis around 3 sides of the building, with terrace
seating. This plan proposes to place these areas inside the
building. The second floor residence is permitted within the
commercial district for a night caretaker.
Staff Report - VA -95-05
Page Three
In this case, there are two things we should consider: the
extension of public sewer and the issuance of the building
permit. Mr. Cooper extended the public sewer line a significant
distance, including through areas of rock. This was necessary to
provide permanent and approvable sewage disposal.
Some of the work has already been done according to the approved
plans. This includes the digging of footings and forming for the
foundation of the building extension. Mr. Cooper had proceeded
in good faith reliance on the County's approval of the building
permit. In the event the variance is not granted, he has
estimated a cost of at least $10,000 to redesign the plans and to
finish out the building extension to return it to the existing
structure setback.
Staff is sympathetic to the time, cost and effort that the
applicant has expended; however, this hardship does not appear to
be an undue hardship approaching confiscation. It is difficult
to substantiate that the proposed addition is necessary to
reasonable use of the property. And, the hardship caused by the
approved building permit is in some part, self-imposed. The
location of a 2 story structure in proximity to the road does not
justifiably improve the character. The building renovation
itself, with new facade and the like, will improve the character
of the area.
Staff does agree that the constraints of the property, ranging
from shape to topography and the location of roads, are unique.
Expansion of the building is limited by these.
Staff recommends denial for cause:
1. The applicant has not provided evidence that the strict
application of the ordinance would produce undue hardship.
It is staff's position that further development of the
property is not necessary for reasonable use of the
property. Although work on the building addition has begun,
the hardship is in some part, self-imposed.
3. The applicant has not provided evidence that with the
authorization of such variance, the character of the
district will not be changed.
The building renovation, without building extension, will
itself improve the character of the area. There is no
justification that this specific proposal will not change
the character of the district. It will result in a 2 -story
structure being relatively close to two public roads.
Staff Report - VA -95-05
Page Four
Should the Board find cause for approval staff recommends the
following conditions:
1. This variance is granted for
with the building permit, AC
footage which would encroach
change which is determined to
Administrator, shall require
the work currently proposed
94-530. Any additional square
the required setback, or any
be substantial by the Zoning
amendment of this variance;
2. Virginia Department of Transportation approval of sight
distance at all intersections impacted by this structure.
In the event that the building addition reduces the sight
distance, that area of'add,ition shall not be permitted;
3. This variance approval is based on approval of any other
applicable applications -including the site plan and the
public sewer service. This approval anticipates review and
approval of a certificate of appropriateness from the
Architectural Review Board.
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I I 0 Cr Note. ELEVATIONS BASED ON
I I U.S.G.S.
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TOPOGRAPHIC SURVEY
( PARCEL 31A, TAX MAP 57
NEAR THE INTERSECTION OF
I
I STE . RTE . 240 U.S. RTE . 250
�(I ALBEMARLE COUNTY, VIRGINIA
SEPTEMBER 17,1993
i
i
Scale: 1" = 20' C.I. = 1 ft.
ROUDABUSH, GALE, AND ASSOCIATES
A PROFESSIONAL CORPORATION
SURVEYORS, PLANNERS, ENGINEERS
914 MONTICELLO ROAD
CHARLOTTESVILLE, VIRGINIA
763'.
'
23 1995
MAY
f
ALBBt�WAB�-B G�i1y
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4
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LICKINpHpLE
CREEK
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889 -02 ' 1_2 E' — _ -300. 00 '
Zo 5YCAM0KM 0 o i 2" SY�MotZ�
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WELL
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02 AAA
00' N77'47' 42"w 4
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i A=109.29'
She . Rte . 2 410
51Te, N0-r�_s:
1. Name of Development: Cafe No Problem
2. Name of Owner/Developer: Mr. Richard C000er
P.O. Box 62
Crozet, VA 22932
3. Firm Preoaring Plan: Buck Creek Nursery
Route 1, Box 114
Faber, VA 22938
4. Parcel is zoned C-'.
5. Property is located in White Hall Magisterial District in
the Virginia County of Albemarle.
6. Datum used is from the United States Geolcgicai Survey.
7. No use is proposed for western corner of prooerty which is
^ot shown on Site Plan.
8. Al' of -site easements have been acquired.
9. Proposed building will contain one (1) two bedroom dwelling
unit as permitted by right in C.1 Commerciai Districts, an(!
Two (2) parking spaces
will be designated for dwelling.
10. Proposed.building is 7,481 square feet.
PROPOSED LANDSCAPE AND
PARKING SITE PLAN
CAFE NO PROBLEM
N 7 8 '54 ' 12 " W O1z NA j"1 E1�-f'AL. I T.Yr Luc
153.80'
ill. Proposed grading and detailed construction of drainage and
grading plans will be submitted. Sewer has been approved by
State Health Department waiting for Rivanna water and Sewer
Authority go ahead.
12. Drive entrance to site will be constructed in accordance
with the specifications of the Virginia Department of
'rarsDor-tat ion.
13. Parking and Loading Schedule:
size of parking spaces: 9 x 16, with 5' planting islands
between rows of parking
size of aisles: 24'
angle of stalls: 51 spaces @ 90'
1 parallel space
number of regular parking spaces: 50
number of handicapped parking spaces: 2
total number of parking spaces: 52
14. Minimum parking count is based on Albemarle County Zoning
Ordinance requirement of thirteen (13) spaces/ one thousand
(1000) sq. ft. of gross floor area of eating establishment.
15. Parking total meets minimum requirement.
16. Parking and loading area surfaces will conform to Albemarle
County Zoning Code and Virginia Department of Transportation
regulations.
17. Best ^1aragement Practices wi11 be observed in the 50' Buffer
Zone adjacent to Licking Hole Creek.
C
BRIDGE
U
! CL) Cr Note ELEVATIONS BASED ON
( it U.S.G.S.
( ! i
! 1
TOPOGRAPHIC SURVEY
1
( PARCEL 31A, TAX MAP 57
(
' NEAR THE INTERSECTION OF
! ,( STE. RTE. 240 & U S R. . 250
�! ALBEMARLE COUNTY, VT RGINIA
( SEPTEMBER 17,1993
f�►2oPo _� PLAN, MAY 1, 19,95 ) Kf-\/. '5, 9 •95
���� iScale: 1" = 20' �'. i. - 1 ft.
�5H E_ ElT 1 0� 1
dip; 1 0 1995
Planning Dept.
ROUQABUSH, GALE, AND ASSOCIATES
A PROFESSIONAL CORPORATION
SURVEYORS, PLANNERS, ENGINEERS
914 MONTICELLO ROAD
CHARL07TESVILLE, VIRGINIA
763