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HomeMy WebLinkAboutVA199200021 Action Letter 1992-07-15 ,401..:,Lg�, 0- © ,_. l'IR-G t�tP COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 July 15, 1992 Tom Muncaster 338 Rio Road Charlottesville, VA 22901 RE: Board of Zoning Appeals Action Covenant Church of God Tax Map 46, Parcels 22, 22D and 26C1 Dear Mr. Muncaster: This letter is to inform you that on July 14, 1992, during the meeting of the Albemarle County Board of Zoning Appeals, the Board (4 : 1) ruled to allow the application to be withdrawn without prejudice as requested by the applicant which allows the applicant to come back at any time. If you have any questions, please contact our office. Sincerely, atb-elie at.ey-t2 Babette Thorpe Zoning Assistant BT/sg/ cc: Covenant Church of God STAFF PERSON: Babette Thorpe PUBLIC HEARING: 7/14/92 STAFF REPORT - VA9221 OWNER/APPLICANT: Covenant Church of God TAX MAP/PARCEL: 46/22 and 22D ZONING: RA, Rural Areas ACREAGE: 2 (parcel 22) ; 8 . 3 (parcel 22D) LOCATION: On south side of Route 643 approximately 1.5 miles east of its intersection with Route 29 North REQUEST: In order to build a church 46 feet in height, the applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which limits structures in areas zoned RA to 35 feet in height. The applicant's justification includes the following: Hardship The size of the proposed structure frustrates low-pitched roof designs. The Board of Supervisors approved a church capable of seating 800 people. This size is similar to an auditorium - a high roof is crucial to allow for visibility, air circulation, and proper acoustics. The height is not dictated by aesthetics, but by the practical considerations of seating 800 people for a church service. Not allowing a height wavier of ten feet would essentially render the Board of Supervisor's decision useless, and the church would be unable to build an 800-seat assembly area. Uniqueness of Hardship The approved special use permit for an 800-seat church does essentially distinguish this site from the surrounding RA property. Character of the Area The improvements designed will be complementary to adjacent properties. The building is situated so that it is well over 100 feet from each setback line. A ten-foot increase in building height will be barely discernable at this distance. RELEVANT HISTORY: On May 23 , 1990, the Board of Supervisors approved SP-90-35 to permit an 800-seat church on ten acres in the Rural Areas. Since that time, the Church has succeeded in having the property included within the jurisdictional area of the Albemarle County Service Authority for both water and sewer. This property lies in the Airport Protection Overlay District. The applicant is seeking approval from the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville/Albemarle Airport for the height of the church. RECOMMENDATION: The Ordinance defines building height as follows: The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building. At the front of the building, the height will be roughly 46 feet, measured according to the method set forth in the Ordinance, 11 feet greater than allowed in the RA. However, the height of the building along the facade facing Route 643 will be nearly 70 feet. Since the road lies about 30 feet below the grade of the knoll on which the building will stand, the structure will rise about 100 feet above motorists on Route 643 . Since the facade facing Route 643 is not the front of the building, the variance requested is much less than would be needed were the height to be measured at this face of the building. It is difficult to predict what effect this variance would have on the height of the building at its side and rear elevations. Staff has discussed the applicant's justification for this request with Al Carver of the Albemarle County Engineering Department. Before working with the County on its capital projects, Mr. Carver, an architect, designed churches with congregations of 800 or more in Virginia Beach. He said churches of this capacity designed by his firm satisfied both the congregations' desires for acoustics and ventilation and the 35-foot height limitations imposed by Virginia Beach's zoning ordinance. Therefore, it seems unlikely that denying this variance would undermine the special use permit granted to Covenant Church by the Board of Supervisors. Section 34.2 states that the Board of Zoning Appeals may grant a variance when the applicant can show that a hardship exists "by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property" . This ten-acre site appears to have sufficient building area for a church measuring over 31, 000 square feet and over 300 parking spaces; the topography, size and shape of the property do not justify this request to increase the building height. Preliminary sketches of the church's interior indicate seating for a congregation of 800, offices and Sunday School rooms on the first floor. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; 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; and 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. Should the Board approve this request, staff recommends the following conditions: 1. The final site plan shall not be approved until the Design Planner has determined that the design of the church is compatible with the surrounding agricultural and residential uses. This determination shall be based upon, but shall not be limited to, finish materials, window treatment and landscaping to soften the impact of the building from Route 643 and surrounding areas. 2 . A building permit shall not be issued until: a. the building height has been approved by the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville/Albemarle Airport Authority. b. the Albemarle County Fire Official has certified in writing that the building, as proposed to be located, constructed and equipped, and particularly occupants of upper stories, can be properly protected in case of fire. (Sec. 4 . 10.2 . 1) 3 . The height of the building shall not exceed 46 feet at any facade. D. VA-92-21 CoN _,ant Church of God Babette passed out the letter dated July 7, 1992 from Pastor Baird. She stated that Mr. Grady and herself had met with Pastor Baird and responded to some of the issues. She stated that Mr. St. John had also spoken with Pastor Baird. Mr. St. John advised staff not to answer the letter, and asked that it not be passed out at the meeting. Babette presented the staff report at this time. "STAPP REPORT - VA-92-21 OWNER/APPLICANT: Covenant Church of God TAX MAP/PARCEL: 46/22 and 22D ZONING: RA, Rural Areas ACREAGE: 2 (parcel 22) ; 8.3 (parcel 22D) LOCATION: On south side of Route 643 approximately 1.5 miles east of its intersection with Route 29 North REOUEST: In order to build a church 46 feet in height, the applicant requests relief from Section 10.4 of the Albemarle County Zoning Ordinance, which limits structures in areas zoned RA to 35 feet in height. The applicant's justification includes the following: Hardship The size of the proposed structure frustrates low-pitched roof designs. The Board of Supervisors approved a church capable of seating 800 people. This size is similar to an auditorium 10 - a high roof is crucial to allow for visibility, air circulation, and proper acoustics. The height is not dictated by aesthetics, but by the practical considerations of seating 800 people for a church service. Not allowing a height wavier of ten feet would essentially render the Board of Supervisor's decision useless, and the church would be unable to build an 800-seat assembly area. Uniqueness of Hardship The approved special use permit for an 800-seat church does essentially distinguish this site from the surrounding RA property. Character of the Area The improvements designed will be complementary to adjacent properties. The building is situated so that it is well over 100 feet from each setback line. A ten-foot increase in building height will be barely discernable at this distance. RELEVANT HISTORY: On May 23, 1990, the Board of Supervisors approved SP-90-35 to permit an 800-seat church on ten acres in the Rural Areas. Since that time, the Church has succeeded in having the property included within the jurisdictional area of the Albemarle County Service Authority for both water and sewer. This property lies in the Airport Protection Overlay District. The applicant is seeking approval from the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville/Albemarle Airport for the height of the church. RECOMMENDATION: The Ordinance defines building height as follows: The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building. At the front of the building, the height will be roughly 46 feet, measured according to the method set forth in the Ordinance, 11 feet greater than allowed in the RA. However, the height of the building along the facade facing Route 643 will be nearly 70 feet. Since the road lies about 30 feet below the grade of the knoll on which the building will stand, the structure will rise about 100 feet above motorists on Route 643 . Since the facade facing Route 643 is not the front of the building, the variance requested is much less than would be needed were the height to be measured at this face of the building. It is difficult to predict what effect this variance would have on the height of the building at its side and rear elevations. Staff has discussed the applicant's justification for this request with Al Carver of the Albemarle County Engineering Department. 11 Before working with the County on its capital projects, Mr. Carver, an architect, designed churches with congregations of 800 or more in Virginia Beach. He said churches of this capacity designed by his firm satisfied both the congregations' desires for acoustics and ventilation and the 35-foot height limitations imposed by Virginia Beach's zoning ordinance. Therefore, it seems unlikely that denying this variance would undermine the special use permit granted to Covenant Church by the Board of Supervisors. Section 34.2 states that the Board of Zoning Appeals may grant a variance when the applicant can show that a hardship exists "by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property" . This ten-acre site appears to have sufficient building area for a church measuring over 31, 000 square feet and over 300 parking spaces; the topography, size and shape of the property do not justify this request to increase the building height. Preliminary sketches of the church's interior indicate seating for a congregation of 800, offices and Sunday School rooms on the first floor. Staff recommends denial for cause: 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship; 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; and 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. Should the Board approve this request, staff recommends the following conditions: 1. The final site plan shall not be approved until the Design Planner has determined that the design of the church is compatible with the surrounding agricultural and residential uses. This determination shall be based upon, but shall not be limited to, finish materials, window treatment and landscaping to soften the impact of the building from Route 643 and surrounding areas. 2 . A building permit shall not be issued until: a. the building height has been approved by the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville/Albemarle Airport Authority. 12 b. the Albemarle County Fire Official has certified in writing that the building, as proposed to be located, constructed and equipped, and particularly occupants of upper stories, can be properly protected in case of fire. (Sec. 4.10.2 . 1) 3 . The height of the building shall not exceed 46 feet at any facade. " Pastor Baird, of Covenant Church, passed out handouts and stated that Dave Walsh of Muncaster Engineering was also present. He stated that the issue was the additional 11 feet. He stated that they had a constant pattern of recommendations of denial for the site from the various agencies. He stated by evidence of the law they had a hardship since this was not a substantial detriment to adjacent properties He stated that the extra height was needed unless they made the roof flat like a barn roof which they did not find desirable. Ms. Thorpe pointed out with all due respect that the law allowed the applicant the right to appeal the height requirement of 35 feet. Dave Walsh, engineer, was present to speak for the request. There being no further comment, the matter was placed before the Board. Mr. Cogan stated that the special permit approval was separate from the variance approval. He stated that this Board had to look at the three criteria on whether a hardship existed. He stated that the applicant stated this was not detrimental to the adjacent properties, and staff had agreed since no objections had been received. He stated that he agreed with staff, but was not convinced that a hardship existed that was not shared by others in the rural areas. Mr. Bailey stated that this would change the character of the district in having such a large church. Mr. Van Fossen felt this was a self imposed hardship and could be resolved, and therefore he could not support the request. Mr. St. John stated that the applicant did not have to have a variance to build. He pointed out that the burden was on the applicant to present evidence that a hardship existed. Mr. Kennedy stated that no evidence had been presented by the applicant to display any exceptional feature of the property such as topographical condition or shallowness that created a real hardship. Mr. Cogan stated that since they were dealing with what was in the 13 ordinance, and this was based on convenience, he therefore felt there was no hardship not shared by others and moved for denial of the request. Mr. Kennedy asked Pastor Baird if he had anything to add. Pastor Baird felt the Board should consider that the 35 feet was required for fire regulations. Mr. Cogan stated that this Board could not deal with that issue. He stated that the applicant could request a zoning text amendment. Pastor Baird stated that he did not feel that he had due process of the law and requested deferral of the request. Mr. Kennedy stated that if the Board allowed the request to be withdrawn then the applicant could bring the request back, but if denied then he would have to wait six months. Mr. Bailey moved to allow the applicant to withdraw the request so that the applicant had the option of bringing it back before the Board. Mr. Rennolds seconded motion, which was approved with the following recorded vote. Mr. Bailey - Aye Mr. Van Fossen - No Mr. Cogan - Aye Mr.Rennolds - Aye Mr. Kennedy -Aye The variance was approved (4:1) to allow withdrawal of the request with no prejudice so that the request could be brought back at anytime. 4pF Alga, 1-7 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 June 9, 1992 Mr. Tom Muncaster Muncaster Engineering 338 Rio Road Charlottesville, Virginia 22901 RE: VA-92-21 - Covenant Church of God Dear Mr. Muncaster, On June 8, 1992, we received your application for a variance to allow a structure to be built 45 feet in height in the Rural Areas. The sketches you submitted with this variance conflict with each other and with the request. One sketch shows a building height of 41 feet; the other, 45 feet. In addition, the facades are labeled "Rear View" and "Left Side View" . Please provide an elevation of the front facade showing its design and height. As I have explained to Mr. Bare, the more detailed the architectural drawings are, the easier it will be for the Board of Zoning Appeals to assess the impact of granting this request on surrounding properties. I strongly recommend that you also submit as part of your application a profile of the site from a vantage point on Route 643 . As you know, this site lies in the Airport Protection Overlay District. I received today an application form from the FAA, whose approval may be necessary for a structure of this height in this area. Please provide the FAA with the information requested so that they can determine whether the proposed church would penetrate the protected air space. Without the elevation and approval by the FAA, it is likely that staff will recommend that the Board of Zoning Appeals defer action on this variance, should you not request deferral yourself. The next Board of Zoning Appeals meeting would be August 11. Please let me know what you intend to do as soon as possible. If you have any questions, please give me a call. Sincerely, (6°11611Ae aeftel/j - Babette Thorpe Zoning Assistant cc: Mr. Harold L. Bare