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HomeMy WebLinkAboutVA199900026 Review Comments 1999-10-05 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: October 5, 1999 STAFF REPORT VA-99-26 OWNER/APPLICANT: Spring Hill Baptist Church TAX MAP/PARCEL: 21/5A1 ZONING: RA, Rural Areas ACREAGE: 4.91 LOCATION: In the northwest quadrant of the intersection of Rt. 641 and Rt. 606, near Advance Mills TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 10.4, Area and Bulk Regulations, which requires a front yard of 75 feet along any state route frontage. (No primary or accessory structures are permitted in front yards.) A variance of 35 feet is requested to allow a storage building to be constructed 40 feet from the right-of-way of Rt. 606. The proposed storage building will be 28 feet x 32 feet or a total of 896 square feet. RELEVANT HISTORY: SP 97-25 —was approved to permit an addition to the then- nonconforming church. (As a condition of that approval, the three parcels owned by the church were required to be combined. This combination had not occurred at the time of this writing. Since the church was notified of this outstanding condition, they have contacted their surveyor and are working towards compliance.) PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The church has been on this site since 1883. It was nonconforming until August 1997 when a special use permit was approved to allow expansion of the building. The site is somewhat compromised due to the existing development, but it is further restricted by the rocky soil, the stream and the topography which has several small areas of critical slope. The cemetery, church building and parking lots take up about two-thirds of the entire 8.53 acres. Of the remaining one-third, about half is unbuildable due to the 100-foot stream buffer required under the Water Protection Ordinance. The final sixth contains part of the septic drainfield and several rock outcroppings. STAFF ANALYSIS: The area selected for the storage building, approximately 40 feet from Rt. 606 is possibly the only area large enough for a structure of this size on the parcel. However, the church already has reasonable use of the parcel. Strict application of the ordinance does not effectively prohibit or unreasonably restrict the use of the property. It would be a convenience for the church to have the setback relaxed to allow this additional storage building on the property. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Variance Report, VA 99-26 2 October 5, 1999 Hardship The applicant comments that the variance is necessary: • Due to the rough topography of the property and other physical constraints; • Property is sloped throughout, has multiple large rock outcroppings and a running stream; • Other restraints include items such as the church building, cemetery, parking lots, and tho soptic systom drainfiold. All of the applicant's comments are accurate and would be valid reasons for granting a variance if the property was undeveloped. However, as stated before, staff opinion is that the church already has reasonable use of the property. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • Most surrounding properties are open, relatively flat, multiple-acre parcels with homes that have ample building space. Staff does not find this property unique. There are many properties in the same zoning district and the same vicinity that share the same rolling terrain, soil, rock, and streams. 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: • This building site is well below the road and situated in an "alcove" on the hillside which limits visibility from the adjacent properties; • There will be no vehicular access from the adjacent road to hinder driving patterns [Staff addition: access will be from the existing parking lot]; • The actual construction of the building will match the character and construction material of the existing buildings to make it aesthetically pleasing. Staff opinion is that the reduction of setback may change the character of the district. In this general vicinity, no other structures are located this close to the road other than the church itself which is 50 feet from Rt. 641. 3. The applicant has not provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that C:IWINDOWSITEMPIVA99-26 doc Variance Report, VA 99-26 3 October 5, 1999 the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since none of the three criteria have been met, staff recommends denial. Should the Board of Zoning Appeals find additional storage to be reasonable use of the property and find cause to approve this request, staff recommends the following condition: The variance is for the storage building allowed under BP 99-01586NNR only. All other structures shall meet the front setback unless a new variance is granted. ( 'IWINI)OW.S\I I M1'IVA99-2(i.doe ts. t5M 1 . 40 CENTRAL TELEPHONE COMPANY (n.B. 642-112). D.B. 70 - 419 PLAT IRON SEE UNRECORE PL - BY )UN C. ESMT. T VIR�'•'IA TELEPHONE & TE 3R; I COMPANY (D.B. 352-301). • c • D. WATER 1,16HT.. 10 SPRING AS DEFINtu IN D.B. 340-146. f GARY M. WHELAN, DA ED APRIL 8, 1996 4• -55' • c3 4. THIS PROPERTY SUBJECT TO ESMT. TO VIRGINIA TELEPHONE & TELEGRAPH 4a '� o COMPANY INSOFAR AS IT MAY APPLY (D.B. 352-303). ow \ ,,� 6,-3 ' •.• 4> 5. NO TITLE REPORT FURNISHED. THIS PROPERTY SUBJECT TO ANY �\.` IRON NOZ°20 �2 46 �� ADDITIONAL CONDITIONS, UTILITIES, EASEMENTS, AND/OR COVENANTS RNpN �..\�\FND. �n THAT MAY EXIST. i. F j-NGE Q �{ 03 -a 6. BOUNDARY LINES FROM "A" TO "B" TO "C" TO "D" TO "E" WERE �b 00 I• 1 ... .." ...• aO L s O C E M - IRON ESTABLISHED FROM PLATS OF THE ADJOINING PROPERTIES AND 20 i •�•N :.:. :':. Q` FOUND FROM DEEDS ' l OF THE SPRING HILL BAPTIST CHURCH PROPERTY. !:: i 1 .• • �� 2\ �� C p ,. ./ t 0 •. �,,N. S89 2 T.M. 21-5D '�� �20 C%; '< ,, t�r RPME M. 2\ Pl\l S 8 c<o PATRICIA L. 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