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HomeMy WebLinkAboutVA200700002 Legacy Document 2007-02-23STAFF PERSON: Amelia McCulley PUBLIC HEARING: March 6, 2007 STAFF REPORT VA -2007-002 OWNER/APPLICANT: Victory Hill Church of God TAX MAP/PARCEL: 55 / 96A ZONING: RA, Rural Areas ACREAGE: 5.015 acres LOCATION: South side of Route 824 at the intersection with Route 250 at the interstate interchange. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.8 of the Zoning Ordinance in order to increase the size of a freestanding sign. They propose increasing the sign from 24 to 32 square feet, a variance of 8 square feet. The applicant proposes a 4 ft tall x 8 ft wide lighted flex face sign cabinet. The sign specification sheet proposes that the freestanding sign be mounted on a 12 foot steel pole. The maximum freestanding sign height in the RA district is 10 feet and they have not applied for a variance to increase the height to 12 feet. Therefore without an additional variance, this sign will be limited to a 10 foot height. The sign text states "Victory Hill Church and Preschool." RELEVANT HISTORY: Previously known as Crozet Church of God. This use also existed at another site in downtown Crozet. There are several special use permit applications on this property. SP 89-25 (for the church) and SP 89-26 (for the day care) were approved by the Board of Supervisors on May 17, 1989. A later special use permit to expand the day care center to a maximum of 35 children (or as limited by the septic system) was approved by the Board on September 11, 1996. The church was built in 1997 and has existed on this property for 10 years. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The Zoning Ordinance language regarding qualifying conditions for variances as based in the Virginia Code states: To authorize upon appeal or original application in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when owing to VA 2007-002 Victory Hill Church of God Sign March 6, 2007 Page 2 special conditions a literal enforcement of the provision will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, 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, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. The subject property lies about 120 feet from the Route 250 travelway. It lies above the grade of the road it abuts, Route 824. The property does not contain exceptional size, shape or topography limitations so as to effectively restrict the use of the property, including the visibility of a sign on the property. The current sign on this property is visible from Route 824 entirely and for a short period is also visible from Route 250. In summary, staff does not find qualifying conditions for a variance on this property. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Staff comments are written in italics and follow the applicant's comments. Hardship The applicant notes that the variance is necessary: A. Distance from Hwy 250 (for which we were required to meet ARB requirements) would render a smaller sign difficult to see from 250 at 55 mph speed zone, thereby making it unsafe for divers attempting to read the sign. B. The tree lines on either side of the property frontage limit the visibility of the sign creating further safety hazards for drivers attempting to read the sign. C. Smaller lettering of 24 sq ft sign creates hardship for our daycare to compete with other day cares and preschools in the area since it would inhibit our visibility. D. Drivers traveling east on Hwy 250 are unable to see the building or driveway until well past the building for which a slightly larger sign would help to alleviate the rubber neck syndrome of drivers attempting to discern the nature of the edifice on the property. VA 2007-002 Victory Hill Church of God Sign March 6, 2007 Page 3 Staff recognizes that the sign is only visible from Route 250 for a short time. However, there is no guarantee that any use located on a secondary road can have a sign which is visible from a primary route (such as Rt. 250). There are many uses existing on secondary roads which could not possibly have a sign which is visible from a primary road unless a special use permit is issued for an off-site sign. These uses (church and day care) do not typically capture drive-by traffic. The applicant mentions competition with other daycare centers. Staff offers that there are several other options for marketing this use other than having a sign which is visible from a primary route. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniaueness of Hardshi The applicant notes: A. Other business-related properties in the area are located directly on Hwy 250, thereby giving them increased visibility. B. Other businesses do not have the narrow field of vision created by tree lines that challenges our church and daycare. Because staff does not find evidence of a hardship, we can not find the hardship is unique. Furthermore, it is not unique but is rather common for a property located on a secondary route to not have sign visibility from a primary route. 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. Impact on Character of the Area The applicant offers: A. Less than one mile east on 250 is a large lumber yard with many stacks of felled trees on the property clearly visible from the road. Additionally, there are two large billboards at the east edge of their property. B. There is only one residence adjacent to the church that is partially obscured by trees. This residence is the only one in our immediate vicinity and would not be adversely affected by the slightly larger sign. This property and the proposed sign are visible from Route 250, an Entrance Corridor. The Design Planner for the Architectural Review Board has commented: VA 2007-002 Victory Hill Church of God Sign March 6, 2007 Page 4 The proposed Victory Hill Church sign does not meet the ARB Sign Guidelines regarding: 1. Type: cabinet on a pole is proposed; preference is for cabinet on a base, 2. Illumination: internal illumination is proposed; external or no illumination is preferred, 3. Opaque background: opaque background is not specified but is required with internal illumination. Given that fact that the proposed sign will not be consistent with ARB sign guidelines, staff is not able to find that the character of the Entrance Corridor district will not be impacted by the proposed sign. 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. STAFF RECOMMENDATION: Since, staff has not found that this variance application meets any of the three criteria for approval, we recommend denial. Should the Board find cause to approve it, staff recommends the following conditions: 1. The sign height is limited to 10 feet. 2. The sign is subject to the ARB Sign Design Guidelines and approval by the Design Planner.