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HomeMy WebLinkAboutVA199000008 Action Letter 1990-02-26 y l)F f ^• i I yyr 8"eool `tj CORRECTED COPY COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville. Virginia 22901-4596 (804) 296-5875 February 26, 1990 Reverend William T. Stewart Peace Lutheran Church Box 8043 Charlottesville, VA 22906 Re: Board of Zoning Appeals Action VA-90-08, Tax Map 32 , Parcel 42A Dear Mr. Stewart: This letter is to inform you that on February 20, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-08 with the following conditions: 1. Variance is approved for the current applicant (Peace Lutheran Church) only. 2 . Sign to be relocated or removed upon issuance of certificate of occupancy or at the end of five years if church is not constructed from this date. 3. Sign area limited to 32 square feet. 4 . Existing sign to be removed. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from 75 feet to 13 feet to erect a 32 square foot freestanding sign, a variance of 62 square feet. If you have any questions, please contact our office. Sincerely, QIT\ j tir .Ci `42Lr Amelia M. Patterson Zoning Administrator AMP/st cc: VA-90-08 Inspections Department SY oF'ALg1,tr /RG1�\N COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 February 26, 1990 Reverend William T. Stewart Peace Lutheran Church Box 8043 Charlottesville, VA 22906 Re: Board of Zoning Appeals Action VA-90-08, Tax Map , Parcel Dear Mr. Stewart: This letter is to inform you that on February 20, 1990, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-90-08 with the following conditions: 1. Variance is approved for the current applicant (Peace Lutheran Church) only. 2 . Sign to be relocated or removed upon issuance of certificate of occupancy or at the end of five years if church is not constructed from this date. 3 . Sign area limited to 32 square feet. 4 . Existing sign to be removed. This variance approval allows relief from Section 10.4 of the Albemarle County Zoning Ordinance to reduce the front yard setback from 75 feet to 13 feet to erect a 32 square foot freestanding sign, a variance of 62 square feet. If you have any questions, please contact our office. Sincerely, Oda �.Palm Amelia M. Patterson Zoning Administrator AMP/st cc: VA-90-08 Inspections Department STAFF PERSON: John Grady PUBLIC HEARING: February 20, 1990 STAFF REPORT - VA-90-08 OWNER/APPLICANT: ELCA Loan Fund (owner) , Peace Lutheran Church (applicant) TAX MAP/PARCEL: 32/42A ZONING: RA, Rural Areas ACREAGE: 2 .416 acres LOCATION: On the west side of Route 29 north, approximately 0.5 mile south of the intersection of Route 29 north and Route 649 REQUEST: The applicant requests a variance from Section 10.4 of the Albemarle County Zoning Ordinance. This section states: "Area and Bulk Regulations Yards, minimum . . . Front 75 feet . . . " The applicant is requesting a variance of 62 feet for a freestanding sign to be located 13 feet from the right-of-way of Route 29 north. Another sign is currently located on the property by prior variance. The proposed sign states "Future Home of Peace Lutheran Church/Meeting at Seminole Trail Fire Department. " The applicant's justification includes: 1. The sign area is less than half that allowed in the Zoning Ordinance. 2 . The characteristics of the site pose two problems. The site is heavily wooded, and a 75 foot setback would place the sign over a hill and down a ravine. 3 . The sign is only to be temporary until funding has been obtained to build the church and place a permanent sign. RELEVANT HISTORY: Staff recognizes that each variance is reviewed on its own merits, and is not on its face, precedent-setting. The following history is provided for information: Variances 84-57 and 86-40 were approved by the Board of Zoning Appeals for different applicants requesting the same variance of 62 feet for a sign. These variances were approved for two year periods only. Page 2 Staff Report VA-90-08 Peace Lutheran Church RECOMMENDATION: The Ordinance provides for 100 square feet of freestanding location signage, which is the same as business signs. The proposed sign which is 32 square feet shows the location and service times for the temporary church facilities. A sign located at the required setback would not be visible from Route 29, due to topography. There is a hill between Route 29 and the 75 foot setback. Such hardship is not shared generally by other properties in the same vicinity. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. 2 . The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3 . The applicant has 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. Should the Board find cause to approve this variance, staff recommends the following conditions: 1. Variance is approved for the current applicant (Peace Lutheran Church) only. 2 . Sign to be relocated or removed within thirty (30) days of occupancy of church, or of termination of church committment to development plans. 3 . Sign area is limited to 32 square feet. NOTE: At this time, staff does not support a time limit for the sign erection. Recommended conditions are to both avoid the continuation of repeated variance requests and to limit the approval time period with other mechanisms.