Board of Zoning Appeals FXBG City of Fredericksburg Community Planning & Building Minutes August 19, 2024 You may view and listen to the meeting ini its entirety by going to the Board of Zoning Appeals page on the City's website: nttps//amsva.wistia.com/medas//dem4gnc8w3 The Agenda, Staff Report, Applications and Supporting Documents are also available on the Board of Zoning Appeals page. https//www.fredericksburgva.ov225/Board-olzof-Zoning-Appeals MEMBERS PRESENT Matthew Muggeridge, Chairman Stephen Eubank, Vice Chairman Dr. Roy Gratz John Mell 1. CALL TO ORDER STAFF Kelly! Machen, Zoning Administrator Caroline Hieber, Administrative Specialist Members of the public were invited to attend this meeting or access by public access television Cox Channel 84, Verizon Channel 42, or online at wreponalwcblvcom Chairman Muggeridge called the meeting to order at 4:00 p.m. 2. DETERMINATION OF A QUORUM [05:00] 3. PUBLIC NOTICE REQUIRMENTS notice requirements had been met. 4. DISCLOSURE OF EXI PARTE COMMUNICATION 5. DISCLOSURE OF CONFLICTS OF INTEREST 6. APPROVAL OF AGENDA [07:10] 7. APPROVAL OF MINUTES [08:29] Chairman Muggeridge called roll. Four members were present sO there was a quorum. Chairman Muggeridge asked if the public notice requirements had been met. Ms. Machen confirmed that None. None. Mr. Eubank motioned to approve the agenda as presented, Mr. Mell seconded. The motion carried 4-0. Mr. Mell motioned to approve the October 16, 2023 minutes as written. Mr. Gratz seconded and the motion passed 4-0. 8. PUBLIC HEARING [09:23] A. VAR FY25-0001 Ms. Machen presented [PowerPoint included as Attachment 1] the requested variance to modify Section 72- 59.5.A.(2) of the UDO1 to constructay wall mounted electronic variable message sign, associated with gasoline sales, on the canopy of 501 A Emancipation Highway. Ms. Machen summarized the application and recommended approval with three conditions. Chairman Muggeridge asked Ms. Machen to confirm that the third condition shall force them to install a Ms. Machen clarified that the third condition would only come into play after the applicant initiated it buy Mr. Mell asked if the sign would be flashing. Ms. Machen stated that the: sign would noti flash per the signage Chairman Muggeridge asked Ms. Machen to elaborate on the meaning of the first condition. Ms. Machen stated that the sign permit application must be based on the drawings approved by the Board. freestanding sign at the property. pursuing the installation ofar new freestanding sign on the property. ordinance requirements. The applicant representative stated that he had nothing further to add. The Public was opened and closed with no public comments. Mr. Mell motioned to approve VAR FY25-0001 with the following conditions: 1. The electronic variable message sign shall bei ins substantial conformance with the site plan GPM #50: and 2. The electronic variable message signs shall be used consistently with the other requirements of City Code 3. The electronic variable message sign shall be removed upon approval to construct: any freestanding sign Canopy Pricer exhibits. $72-59.5.A, including but not limited to the restrictions on changes in display. on the property. 9. OTHER BUSINESS None. 10. GENERAL PUBLIC COMMENTS None. 11. STAFF/BOARD COMMENTS None. 12. ADJOURNMENT Mr. Eubank: seconded and the motion passed 4-0. Vice Chairman Eubank adjourned the meeting at 4:29p.m. MUKC Matthew Muggeridse,thaymain APPROVED: December 9, 2024 2 FXBG 501 A Emancipation Highway Variance for an electronic variable message sign Board of Zoning Appeals August 19, 2024 FXBG City of Fredericksburg Location Valeo FXBG City of Fredericksburg Overview Applicant: James Slaymon of Triumph Signs Owner: Agree Convenience No. 1 LLC Issue: Should the Board of Zoning Appeals approve the variance request to construct an electronic variable message wall sign as a monument sign at 501 A Emancipation Highway? Staff recommendation: Recommend approval with conditions FXBG City of Fredericksburg Request To modify Section 72-59.5.A.(2) of the UDO to construct a wall mounted electronic variable message sign UDO only permits electronic variable message signs on freestanding signs Existing freestanding sign to be removed by VDOT for improvements at intersection Property constraints limit ability to replace freestanding sign on site Proposed sign would meet all other UDO requirements FXBG City of Fredericksburg Proposed Sign Existing Sign MESILAR BBBI Valero Valero REGULAR Valero mFas marts REGULAR BBR 3-0" FXBG City of Fredericksburg Analysis Request must meet the definition of a Variance: "areasonable deviation from those provisions regulating the shape, size, or area ofa lot or parcel of land or the size, height, area, bulk, or location of a building or structure.. 1 Meets criterion. Will meet all UDO standards for wall signs and the height/setback requirements for freestanding signs Change in sign location from freestanding to wall mounted Sign is 3.75 square feet / within 16.61 square foot cabinet 1.25 square feet larger then existing Setback 14.75 feet (8 feet existing freestanding sign setback) 17.9 foot setback if proposed sign was on a freestanding sign FXBG City of Fredericksburg Analysis Request must meet one of three general tests showing that strict application of the terms of the ordinance would: 1. Unreasonably restrict the utilization of the property Use does not change with removal of sign, though could impact operations in long-run There is a reasonable expectation that owner could provide motor fuel pricing to customers based on city examples 2. Alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability Criterion does not apply FXBG City of Fredericksburg Examples SUNGCD (in Fredericksburg) a E918 E360 KFC ELEVEN Be 3599 2 5999 * thank heaven! 34950 3.89 4295 349 Diesel 599 V-Power SHEETZ REG87 3.391 AUTO DIESEL 3.931 ROYAL FARMS 4093 EEd E498 3.291 3.141 4.151 369 Power 3994 FOODMART F-4591 3.791 FXBG City of Fredericksburg Analysis Request must meet one of three general tests showing that strict application of the terms of the ordinance would: 3. Alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability Existing sign permitted in 2019 is to be removed due to VDOT STARS Plan STARS Plan improvement required new VDOT/City easements that limit placement of new freestanding sign Placement within VDOT/City easement is possible, but at owners own risk No structures recommended until after construction is complete (June 2026 estimate) VDOT/City could reconsider request after construction to determine sign is possible FXBG City of Fredericksburg VDOT STARS Plan Proposed Right of Way Ufility Easement Tn Prop. Temp. 4 8g Constr.Ease. 4 Proposed Dominion Proposed Utillty Easement Right of Way Atr WIL Route 1 and Fall Hill Avenue intersection improvements FXBG City of Fredericksburg TELEPHONE PEDESTAL RECORD GAS METER DIMENSION MEASURED/CALGILAED DIMENSION NOW OR FORMERLY NATURAL GROUND FOUND MONUMENT (AS NOTED) COMPUTED POINT PROPOSED VDOT UTILITY EASEMENT Property Constraints: VDOT/City Easements Utility Drainage Signal Existing features: Trees 2L Light poles Historic marker Bollards/gas vent Traffic signal pole Flag pole Water meter Plat ENuE PROPOSED CANOPY PRICER LOCATION 14-9" SETBACK DISTANCE PROPOSED PERMANENT DRAINAGE EASEMENT TRAFFIC SIGNAL POLE PROPOSED PERMANENT SIGNAL EASEMENT BOUNDARY UNE 5-0 BASED ON MONUMENT SIGNI HEIGHT OF1 10-0 Access Easement (Driveway) UDO Freestanding Sign Setbacks (1/2 height/4.5) UDO Landscape requirements (trees) Access easement FXBG City of Fredericksburg Analysis Request must meet five specific tests (all): 1. "The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance" - No hardship was created by the applicant, VDOT imposed new easements 2. "Granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area" and "the character of the district will not be changed by the granting of the variance" Sign would be on existing canopy, facing commercial property, and meet all other UDO standards FXBG City of Fredericksburg Analysis Request must meet five specific tests (all): 3. "The condition or situation of the property concerned is not of SO general or recurring a nature as to make reasonably practicable the formulation ofa general regulation to be adopted as an amendment to the ordinance" and "the hardship will not be shared generally by other properties;" Combination of easements, existing structures, and UDO requirements is unique 4. "Granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property" Sign does not change use (convenience store with gasoline sales) FXBG City of Fredericksburg Analysis Request must meet five specific tests (all): 5. "the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of $ 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of $ 15.2-2286 at the time of the filing of the variance application." ASpecial Use Permit, Special Exception, or Administrative Modification cannot permit the construction of a wall mounted electronic variable message sign FXBG City of Fredericksburg Conclusion & Staff Recommendation Recommendation of approval with conditions: 1. The electronic variable message sign shall be in substantial conformance with the site plan GPM #50 and Canopy Pricer exhibits. 2. The electronic variable message sign shall be used consistently with the other requirements of City Code $72-59.5.A, including but not limited to the restrictions on changes in display. 3. The electronic variable message sign shall be removed upon approval to construct any freestanding sign on the property. FXBG Questions? Board of Zoning Appeals August 19, 2024