TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: November 12, 2024
RE:
Title
A24-42. Order of Approval - Findings of Fact: Variance Request for Church Sign at 7763 Cliffdale Road (REID #: 9487879970000), Cliffdale Community Church, INC
end
COUNCIL DISTRICT(S):
Council District(s)
7 - Brenda McNair
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022 - Goals 2027
• Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.1: Ensure a diverse City tax base
• Goal 4: Highly Desirable Place to Live, Work, and Recreate
o Objective 4.5: Ensure great neighborhoods for residents
Executive Summary:
Cliffdale Community Church requests a variance to replace its existing street sign with a new freestanding pole sign. The property is located in an Agricultural Residential (AR) zone, where sign dimensions are limited to a maximum of 32 square feet for the board face and a height of 6 feet. The church is proposing a new sign with a 48-square-foot board face and a height of 12 feet.
On October 8, 2024, the Zoning Commission held an Evidentiary Hearing regarding this case. After receiving all evidence and testimony, the Commission voted 5-0 to approve the Variance application.
30.2.C.14 Variance:
The purpose of a variance is to allow certain deviations from the dimensional standards of this Ordinance (such as height, yard setback, lot coverage, or similar numeric standards) when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner. The deviation would not be contrary to the public interest.
Variances are to be sparingly exercised and only in rare instances or under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or applicable conditions of approval may be authorized by variance.
Background:
• Owner: Cliffdale Community Church, Inc.
• Applicant: Jess Kajiwara
• Requested Action: Increase the maximum sign size to 48 square feet and a height of 12 feet
• Zoning District: Agricultural Residential (AR)
• Property Address: 7763 Cliffdale Road
• Size: 14.94 acres ±
• Existing Land Use: Cliffdale Community Church
Surrounding Zoning and Land Uses:
• North: SF-6 - Residential and Iglesia Renacer AG
• South: AR - Vacant and wooded
• East: AR - Residential
• West: SF-6 - Bones Creek, Bone Creek Apartments, Cliffdale Self Storage
Issues/Analysis:
Property History and Request:
The subject property is located on the south side of Cliffdale Road, just west of I-295, covering approximately 14.94 acres. Cliffdale Community Church owns three buildings on the property, with the primary building having a gross leasable area of 16,743 square feet. These buildings are mainly classified as commercial structures, including offices and church-related functions. The most recent construction occurred in 2015, with an earlier construction in 2002. Both buildings are noted by the Cumberland County Tax Office to be in excellent condition with minimal depreciation, indicating they are well-maintained.
The total appraised value of the property, including land, buildings, and improvements, is $1,823,571, with the land itself appraised at $154,442. The property qualifies for a religious exemption as a religious institution, resulting in no taxable value. Additionally, 3.75 acres are designated as swamp or wasteland, valued at a lower rate than the usable land.
The church's proposed new sign exceeds the current AR zoning restrictions, which limit signs to a maximum board face of 32 square feet and a height of 6 feet. The church seeks to install a sign with a 48-square-foot board face and a height of 12 feet.
Zoning Standards and Variance Requests:
30-5.L.7.b.2 states that one on-premises identification sign or bulletin board for each road or driveway entrance indicating the name and/or address of the premises, schedule of services or activities, hours of operation, name of the person in authority, the founding date of the organization or other information relevant to the operation of a school, college, park, public swimming pool, church, synagogue or other places of worship, hospital, sanitarium, art gallery, museum, library, YMCA, YWCA, community building, recreation center, coliseum or convention center, not to exceed 32 square feet in area to be located on private property where the use occurs. Such signs may be directly or indirectly illuminated.
Insufficient Justification for Variance:
A variance cannot be justified by other nonconforming or conforming land uses, requests for prohibited uses, or claims of economic hardship or potential profitability.
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships, as shown by the following evidence:
The applicant explains that the terrain where the sign will be placed is 10-15 feet higher than Cliffdale Road, making a smaller sign challenging, especially given the 45 mph speed limit. A more prominent sign with LED lighting would enhance visibility and improve public safety without causing hazards to drivers.
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land and are not the result of the actions of the landowner, as shown by the following evidence:
The church’s buildings are set back over 300 feet from the road on elevated terrain, making them difficult to notice from Cliffdale Road. The current outdated sign does not adequately inform passersby of the church’s presence, which could lead to missed opportunities for community engagement.
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures, as shown by the following evidence:
The applicant states that the AR zoning restrictions would make the proposed sign almost unnoticeable due to the property’s elevated terrain and traffic speed. The variances requested would allow for improved visibility and safer navigation for drivers.
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The applicant notes that Cliffdale Road has evolved from a two-lane road to a busy four-lane highway with substantial commercial development. The proposed sign is in keeping with the area's changing character and would support the growth of the church and the surrounding community.
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured, and substantial justice has been done, as shown by the following evidence:
The proposed sign will be positioned safely away from the road and driveway, ensuring it does not obstruct motorists’ views or pose a collision risk. The proposed LED sign will be more readable and safer for drivers, especially in low visibility conditions.
Budget Impact:
There are no anticipated budgetary implications at this time.
Options:
1. Approve Findings as submitted by staff.
2. Approve Findings with specific changes.
Recommended Action:
Staff recommends option one above.
Attachments:
1. Order of Approval - Findings of Fact
2. Application
3. Aerial Notification Map
4. Zoning Map
5. Land Use Map
6. Subject Property Photos
7. Surrounding Property Photos
8. Site Survey