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HomeMy WebLinkAboutVA200700006 Review Comments 2007-04-10STAFF PERSON: Amelia McCulley PUBLIC HEARING: April 10, 2007 STAFF REPORT: VA -2007-006 Shifflet Farm, L.L.C. / Westhall Subdivision Sign OWNER / APPLICANT: Shifflet Farm, L.L.C. / Stonehaus TAX MAP / PARCEL: 56H /A ZONING: PRD, Planned Residential Development ACREAGE: 0.199 acres / 8680 square feet of a former 11.775 acre parcel LOCATION: In Westhall (Phase III) Subdivision on open space which is located on Brookwood Road (under construction) at the intersection with Park Road. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.10 Planned Residential District sign regulations. They request a variance to reduce the setback for a subdivision sign from 5 to 0 feet, a variance of 5 feet. The variance is requested to allow the subdivision sign to be located on the stone entry wall to the subdivision at Brookwood Road. (See the exhibits for a view of the wall with the proposed sign.) The proposed sign will consist of individual silver acrylic dimensional letters stating "West Hall." They will be approximately 11 inches tall and a total of 5 feet long. The ordinance allows a 24 square foot subdivision sign and this sign does not exceed that size. RELEVANT HISTORY: The rezoning of this property to PRD was approved by the Board of Supervisors on September 13, 2006. Westhall Phase III subdivision plat was approved on April 20, 2006. Westhall Phase IV subdivision plat was approved on May 15, 2006. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: This open space lot was created with this subdivision. It is not unique in terms of size, topography and the like. The language from the ordinance which relates to conditions for a property to qualify for a variance follows: VA 2007-006 Westhall Sign April 10, 2007 Page 2 of 4 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. In this case there is no apparent significant condition of the property qualifying for a variance. There does appear to be a slight grade difference which seems to be the cause for a sign distance easement for this intersection. This variance seems to be a convenience for the applicant due to the location of the existing entrance wall. If the rock wall was planned and constructed at a 5 foot setback rather than on the property line, a variance would not be necessary for this sign. With that said, staff does recognize that this is an attractive and appropriate location for this sign. We can appreciate why the applicant has requested this variance. 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 notes that the variance is necessary. A rock retaining wall exists at the entrance park to Westhall and is a vital part to the park's landscape design. It is our intention to utilize this wall that already exists as the backdrop for a very sleek and contemporary looking sign to delineate the entrance to the Westhall Neighborhood. Please see exhibits. (Note that "Crozet, Virginia" is no longer a part of the signage proposal.) VA 2007-006 Westhall Sign April 10, 2007 Page 3 of 4 As staff has previously noted, there does not appear to be an undue hardship resulting from a condition of this property in this case. We agree that the attractive rock wall is an appropriate location for this subdivision sign. Because this wall exists, it would be an expense and inconvenience to move the wall back in order to meet the 5 foot setback requirement; however, in staff's opinion that does not qualify as an undue hardship according to the variance criteria. 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 strict application of the ordinance would produce a limited area in which to locate the subdivision sign (see hatched blue area on attached Asbuilt of Entrance Park) due to a sight distance easement covering a significant portion of the entrance park. The combination of the sight easement and the ordinance creates an undue aesthetic hardship on the community. If relief is not granted, a sign similar in construction to Exhibit D would have to be installed. This is due to the rock retaining wall, vital to the design of the entrance park, and in order to make the subdivision sign visible to residents and visitors entering the neighborhood it would have to rise above the rock retaining wall. Again, it is the intent of Stonehaus to provide an aesthetically pleasing sign for the Westhall neighborhood that will become an asset to the community also. This hardship is not shared by other properties in the same zoning district and the same vicinity. This is the only neighborhood entrance parf of its kind in the Westhall neighborhood area. Staff recognizes the hardship of the situation given the fact that the rock wall is already constructed. (We will speak to the aesthetic impact of the alternate sign with the next criterion.) However, this situation is not the result of a hardship relating to the property. It is more a type of hardship which results from not planning for the proper location of a subdivision sign which could meet setback requirements. With regards to the uniqueness, staff would note that it is relatively common both in the County and elsewhere, to locate a sign on an entrance wall such as this. Therefore, it is not common but unique to be subject to these setback restrictions for a case such as this. 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. VA 2007-006 Westhall Sign April 10, 2007 Page 4of4 Impact on Character of the Area The applicant offers: The authorization of relief will not be of substantial detriment to adjacent properties and additionally the character of the district will not be changed by the granting of the variance. In fact, the authorization of relief will enhance the character of the neighborhood by creating a signage that is integrated with the site conditions already in existence. Staff completely agrees with the applicant in terms of the positive aesthetic impact of the proposed sign as opposed to a different freestanding sign at the required setback (their exhibit D). Therefore, we find that the third criterion is met by this request. 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 must recommend denial of this variance request. Should the Board find cause to approve it, staff recommends the following condition: 1. This variance is for a sign located on the stone entrance wall. *This condition is to limit the sign to the location currently proposed (on the stone wall). 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