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HomeMy WebLinkAboutVA200700001 Legacy Document 2007-02-23STAFF PERSON: John Shepherd PUBLIC HEARING: February 20, 2007 STAFF REPORT VA -2007-001 OWNER/APPLICANT: Scottsville Road Holdings LLC / Kappa Sigma Fraternity International Headquarters TAX MAP/PARCEL: T.M. 91-16 ZONING: R-1, Residential & EC, Entrance Corridor ACREAGE: 6.141 acres LOCATION: 1610 Scottsville Road TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.8 which limits the height of wall signs to 20 feet in the R-1 district. The applicant proposes a wall sign at a height of 52 feet -.7 inches (53 feet), a variance of 33 feet. RELEVANT HISTORY: SP -2003-91: This special permit, approved on May 12, 2004, permitted the use of the site for the fraternal headquarters of Kappa Sigma International. The approval included several conditions including the requirement that landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to the satisfaction of the ARB. SP -2006-21: This special permit amended SP -2003-91 to expand the use onto an adjoining parcel. It retained the landscaping condition mentioned above. VA -2004-16: This variance, approved on October 5, 2004, permitted an increase in height of the building from 35 feet to 55 feet. It was approved with this condition: "This variance is approved for the current building only (as approved by SP -03-91 Kappa Sigma). Any change in plans or building expansion must comply with the height regulations or shall require amendment to this variance, with the exception of the contemplated addition of the north wing which would reflect the south wing now existent in the plan which is part of SP -03-91." ARB -2006-130: The design of the sign was administratively approved with the condition that a variance was required for the height. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This property is improved with a three-story, 22,997 -square foot building that is nearing completion. The area of the building that contains the proposed sign is located approximately 135 feet from Scottsville Road. The special permits for this site require landscaping along Scottsville Road that may obscure the visibility of the building somewhat. The applicant claims that the nature of Scottsville Road, the design of the building and aesthetic guidelines of the Architectural Review Board supports a finding of hardship. It is staff C: IProgramDatalUnityECMIO1dDoclmporterllocalcopy. doc Variance Report, VA 2002-004 2 April 9, 2002 opinion that the applicant has a reasonable use of the property and that these factors do not meet the criteria required for a finding of hardship. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship Staff comments are written in Italics and follow the applicant's comments. The applicant comments that the variance is necessary: The strict application of this 20'-0" sign height ordinance will produce undue hardship due to the limited sight lines from the adjacent Route 20 Road, the curve in the road adjacent to the property, the historical significance of the Kappa Sigma Headquarters, ARB sign placement guidelines and limited space on the architectural fapade for aesthetic sign location. The limited sight line from the road indicates that the sign would need to be placed higher than the 20'-0" ordinance for better visibility. See the attached site sketch for an idea of the sight line for the 20'-0" height and the proposed 52'-7" sign height. Due to the bend in the road on Scottsville Road, the setback of the building from the road, tree buffer, and the high contour grade at the front of the site we feel that it would be dangerous for drivers to search for a sign at a lower elevation that is not instantly visible due to the mentioned obstructions. These site issues create an unusual situation where we feel that the placement of an elevated sign would produce a safer driving condition for the busy adjacent road. The historical value of placing the Kappa Sigma sign in the pediment at the gable area dates to the original Kappa Sigma Headquarters building dedicated on August 20, 1969. See the attached picture of the original Kappa Sigma building. The Kappa Sigma Headquarters represents an architectural symbol for the fraternal order. Since the scale and type of the Kappa Sigma residential buildings and headquarters differ, the scale of an office building requires a larger volume. Therefore the headquarters building has a larger volume than the residential buildings in the same area and the result is a pediment that is higher. Placing the sign in the same location for similar Kappa Sigma fraternity buildings creates a symbol of uniformity and cohesiveness for the Kappa Sigma organization. The Albemarle Architectural Review Board sign guidelines require a maximum of 20 square feet and the architecturally and symmetrically aesthetic placement of the sign is extremely important. The ARB requires that the placement of the sign should compliment a building's architectural features. Scale, proportions, and the symmetry of the sign across the fagade of the building should play a major role in designing the C: IProgramData I UnityECM1OIdDoclmporterllocalcopy. doc Variance Report, VA 2002-004 3 April 9, 2002 location for the sign. The following ratios are the ARB's general guidelines for sign placement on an exterior wall: 1/3 text to 2/3 wall area or 1/4 text to 3/4 wall area is a good working proportion system for placing a sign on a building. The scale is described as how small or large something appears to be in relation to the size of the building that it is attached. The proposed sign location retains an appropriate scale and proportion in relation to the pediment and the rest of the building fagade. Due to the architectural style of the building, which conforms with the character of the district, sign placement in a location other than what is proposed will produce undue hardship. We feel that the classical architectural style of the building limits the possible location of the sign for an aesthetically pleasing and ARB acceptable fagade. See the attached elevation fagade. Staff is sympathetic to the applicant's request regarding the aesthetics of the proposed sign. Staff agrees that the proposed wall sign would be more visible to drivers on Scottsville Road than one placed at 20 feet. However, a finding of hardship must be based on peculiar features of the property that would effectively prohibit or unreasonably restrict the use of the property. It is staff opinion that the construction of the building on this site demonstrates that the applicant has reasonable use of the property. The design and location of the building are not qualifying factors for a finding of hardship because they are self-imposed rather than the result of the physical features of the property. The applicant's concerns regarding drivers being able to find the building can be mitigated by the placement of a free standing sign at the entrance. The ordinance permits such a sign up to 24 square feet. Prior to recommending approval of a variance, staff always expects the applicant to ascertain that any other signage which is permitted without a variance is utilized. The relevant portion of section 34.2 of the Zoning Ordinance is provided below for reference: 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 C: IProgramData I UnityECM1OIdDoclmporterllocalcopy. doc Variance Report, VA 2002-004 4 April 9, 2002 convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: The undue hardship mentioned above, generally will not be shared by the other properties in the same vicinity since the Kappa Sigma building type, size and use of the building is not common in this zoning district and vicinity. The area is zoned R-1 for residential, which means that the few residential buildings are built at the scale of the Kappa Sigma International Headquarters building in this area. Residential buildings are generally built to a smaller scale and do not have the same height limitations that we have with this office building. Also, the unusual site conditions of the restricted site line, tree buffer, and bend in the adjacent busy road generally will not be shared by all adjacent properties. Since an undue hardship associated with this property has not been identified, staff is unable to find that the hardship is unique. All signs in the R-1 district are subject to the regulations of section 4.15.8 regardless of the use of the property. Staff again takes the position that the unique aspects of the location and design of the building itself are not grounds for a finding of uniqueness of 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. Impact on Character of the Area The applicant offers: The authorization of a variance will not be a detriment to the adjacent properties and the character of the district. We feel that the scale, location and proportions of the proposed sign has been tastefully placed, as per Albemarle County ARB sign guidelines, to compliment the character of the district which is heavily influenced by the classical architecture of Thomas Jefferson. Staff agrees with the applicant that approval of this request would not be substantial detriment to adjacent property and that the character of the district would not be changed. C: IProgramData I UnityECM1OIdDoclmporterllocalcopy. doc Variance Report, VA 2002-004 5 April 9, 2002 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. STAFF RECOMMENDATION: Since only one of the three criteria for approval has been met, staff can not recommend approval of this request. Should the Board find cause to approve this request, staff recommends the following condition: 1. This variance is approved for signage as proposed by the applicant and is subject to approval of the Architectural Review Board. C: IProgramData I UnityECM1OIdDoclmporterllocalcopy. doc