TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: October 8, 2024
RE:
Title
A24-42. 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 is requesting 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.
Per 30.2.C.14, a variance is intended to permit deviations from dimensional standards of the Ordinance when special circumstances, beyond the landowner's control, would result in undue hardship if the strict application of the standards were enforced. A variance does not permit changes to the permitted uses or conditions of approval and is meant to be used sparingly.
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:
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 took place in 2015, with an earlier building constructed 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. As a religious institution, the property qualifies for a religious exemption, resulting in no taxable value. Additionally, 3.75 acres are designated as swamp or waste land, which are valued at a lower rate compared to 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.
30-5.L.7.b.2 states that a sign may not exceed 32 square feet unless approved by the City Council through a Special Use Permit. This section applies to places such as schools, churches, and hospitals, among other institutions, provided that the size and scale of the sign are appropriate and not detrimental to surrounding properties.
Insufficient Justification for Variance:
1. The following are not considered valid grounds for a Variance:
2. The presence of other nonconforming or conforming land uses or structures in the same or different districts;
3. A request for a use that is explicitly or implicitly prohibited in the district; or
4. Economic hardship or the potential for increased profitability through a Variance.
Findings of Fact (Based on Applicant’s Responses):
The following findings are based on the applicant’s responses in the submitted application and the most reliable information available regarding the proposal, prior to any testimony presented 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 difficult to see, especially given the 45 mph speed limit. A larger 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 the speed of traffic. 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 changing character of the area and would support the growth of both the church and the surrounding community.
5. There is sufficient evidence that in the granting of the Variance, the public safety and welfare has 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 is no immediate budgetary impact associated with this request.
Options:
The board has the authority to approve or deny the request based on the five required findings of fact. Members must assess the evidence and determine if the applicant has sufficiently demonstrated practical difficulties or unnecessary hardships based on the unique characteristics of the land.
If a member believes that the evidence presented is substantial, competent, and sufficient to meet the required findings of fact then the member may make a motion to approve the variance and the members must state all of the following five findings of fact along with the evidence that was presented to satisfy each finding.
If the members cannot find specific supporting facts under all five findings of fact, the members must consider a motion of denial. A motion of denial should indicate which of the five (5) of the findings of fact cannot be met.
The board can also place reasonable conditions on any variance approval.
If a member wishes to make a motion to approve the variance they should make a brief statement that recaps the evidence showing each of the five findings of fact. Any discussion by the Board following a motion may include a recap of the evidence supporting each of the five (5) factual findings.
Possible Motions and Factual Findings:
Motion to approve a variance allowing the proposed pole sign to exceed the maximum size, permitting a sign with a board face of 48 square feet and a height of 12 feet.
Findings of Fact Required to Approve this Request:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
______________________________________________________________________
2. 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:
______________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_____________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
______________________________________________________________________
5. In the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
______________________________________________________________________
Motion to approve the variance(s) as requested but with added conditions
Findings of Fact Required to Approve this Request with added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. 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:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
___________________________________________________________________
Motion to deny the variance as requested.
Findings of Fact Statements Required to Deny this Request:
1. There is not sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
________________________________________________________________
2. There is not 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:
_______________________________________________________________
3. There is not 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:
_______________________________________________________________
4. There is not 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:
_______________________________________________________________
5. There is not sufficient evidence that in the granting of the Variance, the public safety and welfare has been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________.
Recommended Action:
N/A
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Map
5. Subject Property Photos
6. Surrounding Property Photos
7. Site Plan