HomeMy WebLinkAboutVA200700003 Review Comments 2007-03-30STAFF PERSON: William D. Fritz, AICP
PUBLIC HEARING: April 10, 2007
VA 2007 — 003 Calvary Baptist Church -Sign
Owner/Applicant: Calvary Baptist Church of Scottsville
Tax Map/Parcel Number: 130 - 25R
Zoning: RA, Rural Areas and EC, Entrance Corridor Overlay District
Acreage: 5.0 Acres
Location: This property is located on the southwest side of Scottsville Road (Route
20) west of and adjacent to the Scottsville Elementary School.
Technical Request and Explanation:
The applicant request relief from Section 4.15.8. The requested variance is to reduce the
setback fora sign from 10 to 3 feet (a variance of 7 feet). (The sign is currently in place,
but has not been cited for violation pending the outcome of this variance.)
The sign consists of monument type sign. The sign text is "Calvary Baptist Church,
Calvary is for everyone" the sign also has area for changeable text. The sign specifics
are:
Cabinet Length: 73 1/8"
Cabinet Height: 48"
Total Sign Length: 9' 4"
Total Sign Height: 7'
The sign meets the requirements for size and has been approved by the Architectural
Review Board. The only reason this sign is before the Board of Zoning Appeals is for a
reduction in setback from Route 20.
Relevant History:
April 20, 1983 — The Board of Supervisors approved SP 83-07 authorizing a
church.
June 20, 1983 — The site plan for the church is approved.
May 25, 1984 — The subdivision plat creating the church parcel is approved.
December 8, 1987 — The Board of Zoning Appeals approves a variance to
increase the sign size from 4 to 27 square feet and to reduce setback from 150 feet
(the former scenic highway setback) to 10 feet.
1994 — A site plan amendment for an expansion is submitted. Revisions are never
received and the plan is not approved.
2000 - A site plan amendment for an expansion is submitted. Revisions are never
received and the plan is not approved.
VA -2007-003 Calvary Baptist Church - Sign
April 10, 2007
Page 2 of 4
August 11, 2005 — Building permit issued for the construction of the sign
currently under review for a variance. More information on the permit review and
construction of the sign is contained below.
November 2005 — The applicant is cited for a violation involving lighting.
May 22, 2006 — A site plan amendment is submitted to address the zoning
violation and other changes to the site. This plan is still under review.
Property Description and Qualifying Conditions:
The Zoning Ordinance in Section 34.2 establishes the review criteria for a variance. Staff
will provide comment on the criteria for granting a modification.
The ordinance states:
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 across the frontage of the property the topography is dominated by a cut made for
Route 250 and specifically the turn lane that serves both the church and Scottsville
Elementary. To the north the hill becomes more dominant and the road narrows to only
two lanes. The presence of the hill to the north does serve to limit visibility of the
entrance to the church. This hill is on adjacent property not controlled by the church and
therefore, cannot be regarded without permission of the abutting landowner and
modification of the churches special use permit and site plan.
Specifically the ordinance establishes the review criteria to address the above.
No such variance shall be authorized by the board of zoning appeals unless it finds: (a) that the
strict application of this ordinance would produce undue hardship; (b) that such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; and (c) 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 will analyze each provision of the ordinance and provide comment. The applicant's
justification is also included. Staff comments are in italics.
Hardship
that the strict application of this ordinance would produce undue hardship
The applicant has stated:
VA -2007-003 Calvary Baptist Church - Sign
April 10, 2007
Page 3 of 4
"If the church were required to move the sign it would cost upwards of $5,000 to $10,000
to do. We are a non profit organization and this would cause undue hardship on our
church.
Staff opinion is cost is a significant inconvenience but does not represent a hardship.
Staff has attempted to recreate the circumstances that led to the construction of the sign
closer to Route 20 than permitted. Based on conversations with the inspector involved it
appears that the field marked sign location, which was the same as the location shown on
the submitted building permit, and the constructed location differ. Staff can provide no
further information on how the sign ultimately was constructed in its current location.
Relocation of the sign would however, substantially reduce the visibility of the sign and
this may be considered a hardship. This opinion is based on the topography of the
church property and the adjacent property to the north. Reducing the setback allows the
sign to be seen alerting south bound traffic as to the location of the entrance to the
church. If the 10 foot setback were maintained the visibility of the sign would be reduced
and may make identification of the church entrance difficult. The church itself is not
visible to south bound traffic until well past the beginning of the turn lane.
Uniqueness of Hardship
that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity
The applicant has stated:
"The visual hardship that exists coupled with the sloping topography of the front portion
of the property in relation to the adjoining properties elevation creates a unique condition
and situation for the churches property"
Staff opinion is the topography of the site is not generally shared by other properties.
This property has a significant cut which was caused by the construction of the turn lane.
This is not a common feature along Route 20.
Impact on Adjacent Property and District
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.
The applicant has stated:
"That there will be and has not been any detriment to adjacent property is clearly seen by
the fact that there is still some 20 feet of right-of-way space before you get to the large
drainage ditch at the front of the property plus the deceleration lane that runs the entire
length of the property at the front. Plus the sign has been there for almost 2 yrs without
any problems or any changes being made to the district."
Staff opinion is that approval of this variance will not be of substantial detriment to
adjacent property and does not change the character of the district. This opinion is
based on the fact that the sign does not create confusion as to entrance locations, is not
VA -2007-003 Calvary Baptist Church - Sign
April 10, 2007
Page 4 of 4
near adjacent properties. Reduction of the setback does not generate a safety hazard to
the traveling public.
Summary and Staff Recommendation:
Of the three criteria for granting a variance staff finds that it meets all three (3) criteria
for approval and is able to recommend approval.
A further provision for the granting of a variance is:
No variance shall be authorized unless the board of zoning appeals finds that the condition or
situation of the property concerned or the intended use of the property is not of so general or
recurring a nature as to make reasonably practicable the formulation of a general regulation to be
adopted as an amendment to the ordinance.
Staff opinion is that the condition or situation of the property is not of so general a
recurring nature as to make amendment of the ordinance practicable. Therefore, the
Board may grant a variance if it finds that the criterion for a variance has been met.
Staff recommends approval of this application subject to no conditions.
Attachments
A — Tax Map
B- Diagram of Sign Location
C - Photos
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