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COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
January 11, 1989
Owensville Pentecostal Church
c/o Wilbur Kidd
Rt. 2 , Box 169
Earlysville, VA 22936
Re: Board of Zoning Appeals Action
VA-88-89, Tax Map 43 , Parcels 31A, 31B, & 31
Dear Mr. Kidd:
This letter is to inform you that on January 10, 1989, during
the regular meeting of the Albemarle County Board of Zoning
Appeals, your application for VA-88-89 was denied.
Pursuant to Section 35. 0 of the Albemarle County Zoning Ordinance,
the actual cost of any notice required under the code shall be
taxed to the applicant, to the extent that the same shall exceed
the applicable fee set forth in this section. Please see the
attached bill for the amount due of $11. 16.
Anyone aggrieved by a decision made by the Board can appeal
the decision to the Circuit Court of Albemarle County within
thirty days of the decision.
If you have any questions, please contact our office.
Sincerely,
as 6 �•/..
Charles W. Burgess, Jr.
Zoning Administrator
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cc: VA-88-89
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STAFF REPORT - VA-88-89
APPLICANT: Owensville Pentecostal Church
TAX MAP/PARCEL: 43/31, 31A, 31B
ZONING: RA (Rural Areas)
ACREAGE: 1.436 acres (total)
LOCATION: East side of Rt. 601, +/- . 3 miles north of its
intersection with Route 676
The applicant requests relief from Section 10.4 of the Albemarle
County Zoning Ordinance, which states:
"10.4 Area and Bulk Regulations
Requirements - minimum lot size 2 . 0 acres"
The applicant is requesting a variance from the minimum lot size
of two (2) acres, to create a lot or parcel of 1.4 acres, a
variance of . 6 acres.
Parcels of .33 , .471, and . 635 in size will be combined to create
one (1) parcel of 1.436 acres.
An existing church building is located on the . 33 acre parcel and
the .471 acre parcel has been a part of the area used by the
church in the past years, prior to the recording of ownership in
1980.
At present the existing church structure is not being used, which
is approximately 712 square feet in size, and has a seating area
for around 35 to 40 persons.
On the . 635 acre lot or parcel is a rather old residence which
would be demolished to accommodate the proposed site of the new
church building. The proposed church building would have an
assembly area to provide for some one hundred twenty (120)
persons. The proposal is to combine the three (3) parcels (lots)
together to create one (1) parcel to establish the new church
structure and the required support facilities.
Staff Report - VA-88-89
Owensville Pentecostal Church
Page 2
The staff is aware of the church's effort to obtain the additional
property in order to provide as large a site to develop as
possible. In view of the requested variance the staff finds that
the evidence is insufficient to support a finding of unnecessary
hardship, and that the hardship is not shared by other properties
in the RA zoning district and vicinity.
The applicant will be required to obtain a special use permit and
site development plan to establish the larger proposed church on
the combined three (3) lot site.
RECOMMENDATION
The application should be denied for cause:
1) The applicant has not provided sufficient evidence to
show that a strict application of the Zoning Ordinance
would produce a clearly demonstrable hardship approaching
confiscation as distinguished from a special privilege or
convenience.
2) The applicant has not demonstrated that the perceived
hardship is unique to his property in contradistinction
to other properties in the same zoning district and general
vicinity. The requirement the applicant seeks relief from
is shared by all properties zoned Rural Areas.
3) The applicant has not provided evidence to demonstrate that
the authorization of the variance will not be of
substantial detriment to the adjacent properties or that
the character of the district will be altered.