The URL can be used to link to this page

Home My WebLink AboutVA199800013 Review Comments 1998-08-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: August 4, 1998 STAFF REPORT VA-98-13 OWNER/APPLICANT: Zion Hill Baptist Church TAX/MAP/PARCEL: 65/105 & 106 ZONING: RA, Rural Areas ACREAGE: 2± LOCATION: Southwest corner of the intersection of Rts. 22 and 740, east of Cismont TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a 75-foot front yard for all structures in the RA district. A variance of 39 feet is requested to allow an addition to be 36 feet from the right-of-way of Rt. 740. The addition is proposed to expand the existing kitchen and fellowship hall and to improve the pastor's study, the choir room and bathrooms. RELEVANT HISTORY: A special use permit is currently being processed in the Department of Planning and Community Development to allow the nonconforming church to conform and expand, in accord with Section 6.4.1. There are no previous files on this property in either the Planning or Zoning Departments. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The oldest history in our Real Estate Department files indicate that Zion Hill Church owned this property earlier than 1883, long before any zoning ordinance existed in Albemarle County. The church owns two parcels with the common property line going directly through the sanctuary. As a condition of approval of both this variance and the special use permit, this Department has recommended that the parcels be combined to eliminate that nonconforming setback issue. When viewing the two parcels as one, the shape and topography coupled with the existing conditions make it very difficult for reasonable development in accord with our ordinance. The property is a long narrow triangle. It has approximately 680 feet of frontage along Rt. 22 and the old alignment of the road and about 240 feet of frontage on Rt. 740. The church building is at the widest portion of the property near the intersection of the roads. The structure sits only 40 feet from Rt. 22 and 36 feet from Rt. 740. Halfway between the rear of the existing church and the third side of the triangle is a drainage swale created by a Virginia Department of Highways (VDOT) pipe under Rt. 740. The septic tank and distribution box are immediately adjacent to the rear of the west side of the church. The drainfield is installed from that point forwards, towards Rt. 22, thereby limiting any expansion in that direction. Beyond these man-made improvements is the church's cemetery. There are many graves dating from the 1800's to 1998. Staff opinion is that these are extraordinary conditions that were created by the church and when combined with our ordinance regulations, create unreasonable restrictions to the natural growth of the VA 98-13 2 August 4, 1998 church. This is another case that would not require a variance if Section 6.4.2 were modified to allow additions which do not meet current setbacks, but that are no closer to the right- of-way than the existing structure. As the Board is aware, the staff draft for the zoning text amendment to permit this has not been through staff and public hearing review. It is staffs opinion that this property was acquired in good faith prior to zoning. In addition, the topography of the property, shape of the parcel and the development of the improvements on the property, unreasonably restrict its use and normally expected growth as a church. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicant comments that the variance is necessary: • To obtain more space for the present membership; and, • To allow an addition that would maintain the symmetry and historic architectural lines of the church. (Verbally stated by the trustees.) Staff opinion is that the following do create a hardship as described under the Code of Virginia relating to granting a variance: • The historic aspect of the church and cemetery; • The physical limitations from the location of the church, drainfield and state roads; • The topography of the property; and • The shape of the parcel. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The church has been at the present location since the 1800's; and • It is the only church in the nearby area. Staff opinion is that a lot of our older country churches do not meet setbacks. However, few have the combination of building constraints and there are no others in this vicinity. Therefore, I IDEPJIBurlding&ZoninglReports\VA98-13 dot • • VA 98-13 3 August 4, 1998 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. Impact on Character of the Area The applicant offers: • The addition will be in the same style and appearance of the present building; and • It will enhance the total appearance of the lot to both visitors and community travelers. Staff agrees that the addition, which will be no closer to the road than the existing church, will not change the character of the district. 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 all three criteria have been met, staff recommends approval with the following conditions: 1. This variance is for the addition proposed in this file. Any future additions (not exempted by new ordinance language) will require amendment to this variance. 2. Proof of recordation of a plat or other document for the combining of parcels 105 and 106 shall be demonstrated prior to the issuance of a building permit for the addition proposed in this variance. I.IDEP71Building&ZoninglReports\VA98-13.dot ALBEMARL-E COUNTY 49 F � � � - A\ SEE I / \� 114 \VA 4 M VA VA Q�x\�/ 4Y �,, I \ 92 9 *� a ,A 1 3 ** soo I I E II .` �k 1 TAg 4 5 7 X y 93 A 95 6 A ca 9I A it ■ ■' 4�• �6P 96 . 9 6 cb 6\ l p� 9g? *. 90 � 9 �■ 12 f 1`* 91 ■■ 9 ■ * 86A ■ \ ■ c 88 14 TO*' ' 89 ■ 99 99B ■■ I I D 8 '*' 6 ■ P ■ ■ C5 64 �■ * , 88A �/ ■■ 101 99D �\�� 119 C 117 � 66 IIIIIIIIIIIIIIIIIIIIIillillilillilljllI 41 88E ■ - 1119A 88AI 120 poi ■\\ I18 IOA 100 0 � \ I 85 1 / ♦ 102 ■ IL■ 52 86 102A III ■ I I C 43 , 52A \ 4 112 ■ 43 A I -#, ■ l \ \\' 113 ■■ IIA Pl1 3 107 ■ 3 , 51A ■ 12 B 44 pg 108 ■ CISMONT 46/- 656 105 va TA ■■ 12A 31A 318 84 ■■ 50 5151C 57 ■ ��+�,. 35 518 \ 58 33 34 Rt 2 so 13 12 C JI C(I) 32 5 56 2 61 66 , ■■ 64 I E 55A ssm 31D 31 C 55 6 ,6 148 63 8A 68 84 ♦ 14 A . ��\, 31F �N ,_ 75 75A ♦ * 29 `L$ 70 ♦ * AG 71\ 72 ♦ �' 14 76 i 14CI 30 �8 73 77 O 20A 27 74 ■■ ,�� '� � 78 15 20 81 79 26 19 8 0 C 25 18 21 ` 8 � 15B 2 _ I 15A 16A , , = 83 �■ 16C 16 82A 80A ' ■. * ENTRANCE CORRIDOR SCALE IN FEET °° 1200 ,e°° p400 RIVANNA DISTRICT SECTION 65 �� KESWICK" and "KINLOCH" AGRICULTURAL a FORESTAL DISTRICTS 1 NOT�S VICINITY MAP SCALE: I" = 2000' I. OWNER(S) : ZION HILL BAPTIST CHURCH C/O EARNLY 0 CHAPMAN, TRUSTEE 1130 ZION HILL ROAD KESWICK, VA 22947 TEL. 977-7648 2. DENOTES GRAVEL DRIVE & PARKING 3. THE INFORMATION SHOWN ON THIS PLAN IS FROM AN ACTUAL FIELD SURVEY. T.M. 65 - 86 MILLWOOD LAND TRUST D.B. 1512 - 479 D.B. 387 - 593 PLAT ZONED RA APPRpX�MA�E D.B. 130 - 277 Sg4°57,55,.w OLD _259 3 ____LovSA ROU E 22 -- - - ----- _ -ROAD �.• tiAirH o •�. ♦ ROGER W. RAY 1331 • t it::o SURVEY M:ti TRACES pF FENCE. I Di.B. 81 1298 v LANE D.B. 312 - 525 TRACES OF FEN > / 36'' OtiF°• R E D �Rq PROPOSED OAK u o ADDITION 1; :..... . 61.4' 0o m ZION ..... HILL 2 . BAPTIST CHURCH I 1 FLOOD FLOOD ..24.,..:...✓,. ...... I LIGHT I LIGHT WHITE. ' ��, `� • OAK. , GRASS & GRAVEL PARKING AREA - 'iDNE �... ... • W STORY \, �..'......'>WEL FRAME,:. Q ... F FLOOD 31.3' .... ............ `. LIGHT <'FLOOD POLE 'GHT POWER LINE LINE W/LIGHT' — °` -- - - _ - _ ,,, = fP, LE _ I8" ASH ,................ _ - POPLAR �w �/ '.'' GRASS ASH A Zg"W �� _ 36" g S5g°3 WHITE GRAVE` EXISTING qp 8\ AK S1Gt`I i NEW M-pV NT RE 1ST`NG RtANCEXNEg pIPN ENTkaNGE - EROCT 50' R / W C'ONST 08°39'S4'' 691.14' 104.52' 104.42' S12°46'53''E S17006'50"E 29.14' 22 T.M. 65 - 106A ELIZABETH G. YATES D.B. 312 - 524, 525 PLAT ZONED RA p 21°54'S9' PLAN SHOWING R= 691.20' THE ZION HILL BAPTIST CHURCH PROPERTY C= 262.78' FOR SITE PLAN WAIVER REQUEST CB= S69°31'58'W LOCATED AT THE INTERSECTION OF STATE ROUTES 22 & 740 RIVANNA DISTRICT ALBEMARLE COUNTY , VIRGINIA SCALE : I'' = 30' DATE : JUNE 41 1998 FOR ZION HILL BAPTIST CHURCH ROGER W. RAY & ASSOC., INC. 1717-2B ALLIED STREET CHARLOTTESVILLE, VA 22903 TELEPHONE 804-293-3195 Bull 9054 11616 NOTES : I. OWNER(S) : ZION HILL BAPTIST CHURCH C/O EARNLY 0. CHAPMAN, TRUSTEE 1130 ZION HILL ROAD KESWICK, VA 22947 TEL. 977-7648 2. DENOTES GRAVEL DRIVE & PARKING 3. THE INFORMATION SHDWN ON THIS PLAN IS FROM AN ACTUAL FIELD SURVEY. APPRO� E ' D.B. 130 - 277 8 ` -�-- _ _ 116 4 _ _ 2' OLD 259 37 T.M. 65 - 86 MILLWOOD LAND TRUST D.B. 1512 - 479 D.B. 387 - 593 PLAT ZONED RA BOOM _-�S TA TE -- o=A ROUTE -- -- ROAD 22 TRADES OE FEN � ,�Jlt/(:� r R f 3-,9o/0" S R ROES OF F ENOE 1NE L T w D.B. 312 - 525 -n N o co APPROX. LOCATION I SWALE CEMETERY fia 71111111=01I:3 a 21°54'59" R= 691.20' L= 264.39' C= 262.78' CB= S69°31'58''W I w� SEPTIC o j .J ' TANK Q : �. 3 ..w c .'. 36 J RED (:... . . %� '• 4q UAL:,- /'jl 6S 1 PROPOSED w (� J . . V.I - 6S� DIST. o ADDITION _ 9, o Qj . . 1>0N O \06 BOX o i ....... w N. . 50' R/W FLOOD' -- LIGHT-- i GRAVEL & GRASS ��- PARKING AREA •I/ LI VI 1 I ,ni= 08039'54" R= 691.14' L= 104.52' C= 104.42' CB= S12°46'53''E REMOVE GRAVEL ESTABLISH GRASS S17006'50"E 29.14' T.M. 65 - 106A ELIZABETH G. YATES D.B. 312 - 524, 525 PLAT ZONED RA PLAN SHOWING 'JUL 2 21998 Planning Dept. THE ZION HILL BAPTIST CHURCH PROPERTY FOR SITE PLAN WAIVER REQUEST LOCATED AT THE INTERSECTION OF STATE ROUTES 22 & 740 RIVANNA DISTRICT ALBEMARLE COUNTY , VIRGINIA SCALE : I" = 30' DATE : JUNE 41 1998 FOR REVISED : JULY 201 1998 ZION HILL BAPTIST CHURCH ROGER W. RAY & ASSOC., INC. 1717-28 ALLIED STREET CHARLOTTESVILLE, VA 22903 TELEPHONE 804-293-3195