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HomeMy WebLinkAboutVA199700016 Review Comments 1997-10-07 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: October 7, 1997 STAFF REPORT VA-97-16 OWNER: New Bethel Church APPLICANT: James A. Payne, Chairman of the Administrative Board TAX MAP/PARCEL: 115/32 ZONING: Rural Areas, RA ACREAGE: 1.64 LOCATION: East side of Route 620 approximately 0.2 miles north of its intersection with Route 618 REQUEST: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a front yard to be 75 feet. A variance of 17 feet is requested to allow a vestibule to be constructed 58 feet from the right-of-way for Rt. 620. The applicant's justification includes the following: Hardship - They need access to the sanctuary for the handicapped and the elderly. There is no other viable alternative. Uniqueness of Hardship - The church was constructed in 1855. - Public handicapped access into the old sanctuary is unique to this location. - Approval would not set a dangerous precedent. Impact on Character of the Area The church is located in excess of 200 feet from the nearest occupied dwelling. - This small addition will not change the character of the church or the Woodridge community. RELEVANT HISTORY: Variances for setback from the rear property line (1982), for the size and location of an identification sign (1986), and for lot size allowing the transfer of the portion of the lot across Rt. 620 (1989) have been granted to the church. STAFF COMMENT: The Methodist Church has owned a 50% interest in this property since 1855. The other 50% interest was acquired from the Baptist Church in 1890. The parcel was severed by a public road even at that time. In 1989, the church transferred the portion of the lot Staff Report, VA 97-16 October 7,1997 Page 2 across Rt. 620 to the adjacent property owner. That appears to be the only change to the size and shape of the parcel since 1980 when the Zoning Ordinance was adopted. At only 1 .64 acres, this is a small, non-conforming parcel. The church structure is also nonconforming as it does not meet the 75-foot setback. It is only 71.5 feet from the right- of-way of Rt. 620 which would preclude even the addition of a covered, but not enclosed, porch. A fellowship hall was added to the north side of the church in 1982 and required a variance of 20 feet from the rear property line. Although a small parcel, there is no particular physical feature here that creates a hardship in this case. The church building was located on the property long before our zoning ordinance and setbacks were adopted. The addition of the handicapped ramp and the proposed "landing" can be constructed without variance. (Section 4.9 of the Zoning Ordinance allows the zoning administrator to approve a building permit for handicapped access regardless of setbacks.) It is only the addition of the enclosed, vestibule space that requires the variance to come before you. Staff opinion is that most modern churches do have vestibules in which their congregations may enter, remove coats etc., and reflect upon the normally quiet, spiritual thoughts usually desired to enter a place of worship. However nice it may be, this type of entryway is a convenience and is not necessary to have reasonable use of the property as evidenced by the fact that this church has been in use since 1855. STAFF RECOMMENDATION: Staff agrees with the applicant that this request meets the second and third criterion for approval of a variance: 2) The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. This issue of variance from the front setback should not be changed in the ordinance for all structures, but should be looked at on a case-by-case basis. This small rural church is not unique in its situation of needing a vestibule within the front setback, but within the same vicinity, there are no others. 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. The immediate area of this property is developed with small lots and houses that probably do not meet setback. There are approximately 8 to 10 structures within a quarter of a mile of the church that appear to be closer than 75 feet to the road. Therefore, granting the variance will not change the character of the district nor will there be any detriment to the adjacent properties. Staff Report, VA 97-16 October 7,1997 Page 3 However, the granting of this variance would be a convenience for the church congregation. They are already enjoying use of the property without variance. Therefore, staff recommends denial for cause: 1) The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Although this seems to be a small reduction, the fact remains that this is a convenience and not a true hardship. Should the Board find cause to approve this request, staff would recommend the following condition: This variance is for the vestibule, as shown on the drawings in this file, only. Any further addition will require a separate variance application.