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Home My WebLink AboutVA200000005 Review Comments 2000-04-04 STAFF PERSON: Jan Sprinkle PUBLIC HEARING: April 4, 2000 STAFF REPORT VA-2000-05 OWNER/APPLICANT: Ivy Creek Methodist Church, owner; CFW Intelos, applicants TAX MAP/PARCEL: 44/12H ZONING: RA, Rural Areas ACREAGE: Lease area of 400 square feet within a 1.340 acre parcel LOCATION: 674 Woodland Road is on the north side of Rt 676 aproximately 0.4 miles southwest of its intersection with Rt. 660. TECHNICAL REQUEST AND EXPLANATION: The applicant requests a variance from Section 10.4, Area and Bulk Regulations, which requires a 35-foot rear setback. In order to install a 120 foot wooden pole and its accessory cabinets for a telecommunications facility, a rear setback reduction from 35 to 20 feet is needed. [In addition to the underlying zoning district setbacks, Section 4.10.3. 1 requires that a tower be setback a distance equal to its height. Although the Board of Zoning appeals can reduce the minimum primary structure setbacks required under Section 10.4, the additional setback required based on the height of the tower under Section 4.10.3.1 must be reviewed and acted upon by the Planning Commission. Should the PC fail to approve that reduction, the applicant could then choose to request a variance from that section. It will be reviewed as part of the special permit application. This is not before the BZA presently.] RELEVANT HISTORY: The BZA granted a variance for these applicants on this same parcel in October, 1999. However, the special use permit application for that tower was denied due largely to objections from the Agricultural and Forestal Committee which reviewed the project for its possible impacts on the adjoining AF District. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: Ivy Creek Methodist Church has owned this parcel since the early 1960's. The parsonage was constructed in 1962 and the church has been on the adjacent parcel since at least 1929. The subject parcel is small and nonconforming to the lot size in the rural area zoning district, and it has a very odd shape. It has a rectangular front portion (about 180' wide by 280' deep), but has a "leg" that adds another long thin rectangle (30 feet deep by 360 feet wide), that runs behind the parcel containing the church. (It is similar to a flag and flagpole in shape.) The previous special use permit and variance requests had sited the tower at the eastern-most end of the "leg." This request proposes the tower on the bulk of the parcel in an area where it will be more concealed by larger trees than in the prior request. Variance Report, VA 2000-05 2 April 4, 2000 This request is not the same as some previous requests where the proposed tower site meets the Planning Commission's tower policy but must be sited within the setback from a public road to meet the requirement of location among trees. In this case, the tower will be more than 200 feet from the road, and located in a clump of large trees behind the parsonage and adjacent to the church. STAFF ANALYSIS: The property is developed with a single-family dwelling used as the parsonage for the church. It is located on the bulkier part of the parcel, adjacent to the church. Part of the church cemetery is located on the narrow leg portion of the parcel. With these improvements, reasonable use has already been established on this parcel. (This type of tower is classified as a primary structure since it is not accessory to any existing use on the property and could be the only use on a parcel.) Under State Code section 15.2-2309, the Board of Zoning Appeals may authorize a variance from the terms of the ordinance when it is not contrary to the public interest, if owing to special conditions a literal enforcement of the provision will result in unnecessary hardship. Although it is not necessary for the church to have a tower on their property, staff can look at the bigger problem of siting towers. It is considered by some to be an overall hardship for County residents who want mobile phone service. Granting this variance would address that hardship and meet the County's goal of providing mobile phone service for the general public. The Wireless Telecommunications Design Manual has been through a worksession and a public hearing with the Planning Commission and is currently receiving its final formatting revisions. Once the PC reviews the final document, they will pass it on to the Board of Supervisors. The public hearing for adoption has not been scheduled at this time, but is imminent. If the manual is adopted as it is currently written, this type of tower would be a Tier II tower (out of three tiers) and would require Planning Commission approval, but not a special permit by the Board of Supervisors. 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 move the site to a less visible area as previously applied for within the County Staff has held the opinion that the County generally supports this particular type of tower and may need to make modifications to allow them to be constructed in the specific places that meet the PC's policy. The size and shape of this parcel could allow it to qualify for a variance if it was undeveloped and if the hardship to the mobile phone- C IW/NDOWSIDESKTOPIVA2000-05.doc Variance Report, VA 2000-05 3 April 4, 2000 using public could be considered. However, reasonable use already exists on the parcel, so staff can find no undue hardship in this case. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • This hardship is not shared because this installation is the first of its kind within this area. Although the small size and odd shape are unique to this parcel, the perceived need for wireless communication facilities for the traveling public is not unique. Staff finds that this situation with tower requests is shared so frequently that we are attempting to change the ordinance. 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: • Locating the telephone pole next to trees adds in reducing the overall visibility of the site, thereby negating any detriment to adjacent property. • Installation of telephone pole sites does not change the character of the district because these poles are common place. Staff opinion follows that of the Planning Commission and Board of Supervisors in that this `telephone pole"style tower can be located in a treed area and not affect 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: Because staff takes the position that an additional primary use is not necessary for reasonable use of the property, we can find no undue hardship and recommend denial. If the Board finds that it is necessary due to the hardship on the general public, we can support the criterion relating to hardship due to the size and shape of the parcel, and recommend approval. We recommend that approval be limited to the current application. c:\WINDOWSIDESKTOPIVA2000-05.doc Cc kp � RI Ate. S88'41'31'E TM R_ .4,f �f 20.00' M D.B. 1276, G. 42� IRON PIN N 12 S01 18 29 W D.B. 1494, N87'41'38"E 20.00' PG. 720 - - FND. , A. -x- -x- -x- -Q _100.48' _ - - --------------x --------�t-f- —� FENCE C CORNER I NO2'18'22"W —�1 D B N75'08'56"W 19.57 E 47.43 -1 --- ---� NE\ v N01'18'29"E 20.00' fog I s I LEASE PARCEL I S400 ITE � Q V 201 I 15' INGRESS EGRESS I 0 1 EASEMENT CEMETERY N N 1 N 88'41 31 W �1 - T �� ► 20.00' I TRUSTEES OF THE IVY CREEK I 1 IS w N i III METHODIST CHURCH I PRESE TE TO I I TRUSTEES OF THE IVY CREEK ALBEMARLE COUNTY I/Vl METHODIST CHURCH IN I TM 44-14 STONE °' I ALBEMARLE COUNTY I D.B. 173, PG. 375 ��0mN ot II II I " FOUND Q TM 44-12H 03'08'674 WOODLAND ROAD FE � N33E am D.B. .383, PG. 493 I COUNTY OF' 225.43 ' P ARL� — I EXISTING 20 1 RIGHT-OF-WAY I I � SURVEY OF A (SEE PLAT 1 RECORDED I " " " " �- LEASE PARCEL & 1 WITH DEED) I wAY INGRESS EGRESS EASEM EN T 616 6 0' FOR CFW WIRELESS - -�- IRON ROD 10 16 j IRO TIC g,IROAD ON THE LAND OF �FND. _------` ` ESOJODLAND TRUSTEES OF THE IVY CREEK METHODIST 30' PR y�00 CHURCH IN ALBEMARLE COUNTY J NOTES: 1. OWNER: TRUSTEES OF THE IVY CREEK METHODIST CHURCH IN ALBEMARLE COUNTY TAX PARCEL 44-12H D.B. 383 PG. 493, & TAX PARCEL 44-14 D.B. 173 PG. 375 ZONED RA 2. OTHER EASEMENTS, IF ANY, NOT SHOWN. NO TITLE REPORT FURNISHED. 3. THIS PARCEL IS NOT IN A F.E.M.A. FLOOD HAZARD ZONE "A" OR "B" 4. LEASE PARCEL DERIVED FROM A FIELD SURVEY AND DEEDS AND PLATS OF RECORD AS FOUND AMONG THE LAND RECORDS OF ALBEMARLE COUNTY, VIRGINIA IN: DEED BOOK 383 AT PAGE 493 DEED BOOK 173 AT PAGE 375 5. • DENOTES IRON PIN SET — — — — DENOTES PROPERTY LINE CONSTRUCTED FROM PHYSICAL EVIDENCE JACK JOUETT DISTRICT ALBEMARLE COUNTY , VIRGINIA SCALE: 1 "= 50' DATE: DECEMBER 10, 1999 REVISED DATE: JANUARY 28, 2000 TREE DATA HEIGHT ABOVE SITE +/pf M&lk - A 5-240 POPLARS 110' Patton Harris Rustk4asmiates,pc B 30" POLAR 100' �e� X. street ''"ti'tmU C 30" MAPLE 80, aA4-t-, a,r trt. 22au D TRIPLE 8 MULBERRY 20'Offices: eue F 8" MAPLE POPLAR 60, , ChantiAy,va. 25 Bridgewater,Va. Virginia Beach,Va. Leesburg,Va. Winchester,Va. 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