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VA200100013 Review Comments 2001-08-07
► STAFF PERSON: Jan Sprinkle PUBLIC HEARING: August 7, 2001 STAFF REPORT VA-01-013 OWNER/APPLICANT: Emmanuel Episcopal Church TAX MAP/PARCEL: 07000-00-00-01300 ZONING: RA, Rural Areas ACREAGE: 12± LOCATION: South side of Rt. 250 west, approximately three-tenths of a mile west of its intersection with Rt. 691. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.8, Sign Regulations Applicable in the RA, VR, R-1 and R-2 Zoning Districts. which allows 24 square feet of freestanding signage to be divided into two signs, provided that "no single sign shall exceed 12 square feet." A variance of 5.02 square feet is requested to allow one sign to be 17.02 square feet while permitting a second sign of 6.8 square feet to remain. RELEVANT HISTORY: SP-99-48 made the church conform and allowed expansion of church uses into the rectory. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: The main part of this property was acquired in good faith by the church in the mid-1800's. The small portion where one of the signs is located was recently acquired from the Virginia Department of Transportation (VDOT) specifically so that the church could install a new freestanding sign. With a total of 12± acres, the church has a good-sized and regularly shaped parcel. There are no topographic or other conditions that would qualify the property for the variance that is requested. The property is improved with the church (including sanctuary and parish hall), a building that was previously used as a rectory but was recently converted to offices and Sunday School classrooms, plus a cemetery with a mausoleum. The problem is that the church and its sign are not easily or fully visible from Rt. 250. For at least the last 3 or 4 years they have been trying to improve their signage. They have attempted several things, the best of which was just completed in March 2001. At that time, they were able to purchase a triangular strip of land from VDOT that included their entrance and the embankment to the west of the entrance. This 0.44 acre piece provides them with the area needed for a new sign that will be visible to the traveling public from far enough to be seen, slow down and safely turn into the property. The sign was designed and is ready to be installed, but our ordinance requires removal of the existing smaller sign because the larger sign exceeds 12 square feet (sf). In our recently adopted sign ordinance, we made possible the division of the maximum square Variance Report, VA 2001-0 2 August 7, 2001 footage so that in any case where a freestanding sign was allowed, the owner could divide the square footage and have two signs. The idea was to allow one sign on each side of an entrance, provided neither exceeded half the total allowed or in this case: 0.5 x 24 sf= 12 sf. Variances under state code may include, "a reasonable deviation from those provisions regulating the size, area, bulk or location of a . . . structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, . . . and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done." The only hardship here is forcing the church to make a choice between the small, nationally recognized, Episcopal church sign and a larger, easier to read from a distance sign that will contribute to safety for the traveling public in this area. If the variance is granted to allow one sign to exceed the 12 sf, both signs will still be within the maximum square footage permitted. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicant notes that the original existing sign was installed in the 1950's and is the standard "The Episcopal Church Welcomes You" sign found at almost every Episcopal Church entrance. It is the church's desire to retain the nationally recognized Episcopal Church sign. • Removal of the original existing sign would deprive the Church of sharing a nationally recognized symbol. Although sympathetic, staff cannot identify any hardship as described under the Code of Virginia relating to granting a variance. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant comments: • There are no other Episcopal churches in the immediate vicinity of Emmanuel Episcopal Church; it is unique to Emmanuel Episcopal Church. I:IDEPTlBuilding&Zoning\Staff Reports\VA-2001-013 doc Variance Report, VA 2001-I 3 August 7, 2001 Staff notes that there are very few other non-residential properties in the area so that the request for varying sign sizes is and will remain unique in this zoning district and vicinity. However, staff finds that there is no hardship, so there is no uniqueness. 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 explains: • The sign is small, low key, and almost indistinguishable as it hangs from its black pole and is set in front of the spruces and pine trees. As a result of its low impact nature, it was the Church's desire to apply for the new sign's permit in December 1999. Staff agrees that allowing the small, nationally recognized sign to remain after the installation of the new sign 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 two of the criteria have not been met, staff cannot recommend approval. However, should the Board find cause to approve, staff recommends the following condition: This variance is for the sign requested on BP-2001-581S only. Should the "Episcopal Church Welcomes You" sign be removed, it may not be replaced unless with another nationally recognized Episcopal Church sign of the same size. I:1DEP71Building&Zoning/Staff Reports\VA-2001-013.doc [1:: 1.*11 - _ - _�/ ►1tL�r- om ,r 1 "'�I� * S 'R �. _ i of - - 4 ...r. • Vihip., • .- ...+''. .., -. •71 M*IN . ...'- Mei..... . -0.10 . a A1". . . - -, VIEW ALONG ROUTE 250 LOOKING EAST. 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A4 ©� Is SEC/ IA2 IA\ 9 IA ,I` 2P IA4 2 ALBEMARLE COUNTY EXHIBITS PRESENTED TC p z1a 54 COUNTY OF ALBEMAR E / — — 6 \ 4 10 5 �_ II /'♦ I \ \ SA v � 15E ISA12A 9 �\ 15G I 13A t 150 , ✓ot* tp % ISC 15B 298 15 SEE 69_74 \ eA j aC 49 148 488 48C 14 \ P 14 C / 1 co ` I 29A \ % 17A/� ?CF 17 69 328 , k / \ 71 32 32A � -� i \ IB '�• 26 . 26'A 266 / 37E \! 26C 1198 1 31B 27 O 21 31 /'� '28 25 m 'N 19A l I/36I A 111: 38A 38 38 22 19 \ wu ♦ 37B1 53 50 52 37M ♦ 55 51 39BI 37 37 D \ W • 54 J 378 398 f�--- i PRD 39q A G 37K ♦ 39 37F \ � �� 39 Creek I I 33 ISL to o//in ♦—i ��� I 37L 37F3 6 / -- - 3�� 3j� : ♦ 39C 59 58 57 56 66 \ 1\\ r 60 \ 371`2 37F1 uw 61 62 63 64 65 ♦��� ♦�, \ 37H \. \ 37C i I 45F 37C21 ♦4 � �, 44 40 41 42 4,a aso 45c v 4� // / �A _ "� ti4� P•0 1 ►**,:"YELLOW MOUNTAIN" AGRICULTURAL A FORESTAL DISTRICT 84 *******ENTRANCE CORRIDOR Goo 0 SALE IN FEET SAMUEL MILLER AND SECTION 70 WHITE HALL DISTRICTS ALBEMARLE COUNTY BOARD OF ZONING APPEALS COUNTY OFFICE BUILDING 401 MCINTIRE ROAD MEETING ROOM#241,2:00 P.M. DRAFT AGENDA TUESDAY,AUGUST 7, 2001 I Call to Order II Establish a Quorum III Deferred Appeal Hearing • AP-2000-005 Peter R. Hanchak(owner/appellant) Staff Person: Amelia McCulley IV Variance Hearings A. VA-2001-012 John& Janice Linkous (owners)/Hightech Signs (applicant) Staff Person: Amelia McCulley B. VA-2001-013 Emmanuel Episcopal Church(owner/applicant) Staff Person: Jan Sprinkle C. VA-2001-014 Warren&Roberta Muse(owners/applicants) Staff Person: Jan Sprinkle V Old Business VI New Business VII Adjournment