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HomeMy WebLinkAboutApplication and NarrativePage 1 of 5 Variance Application Updated 05-2021 Wilmington,North Carolina 28403 Telephone (910) 798-7165 FAX (9 70) 798-7053 planningdevelopment.nhcgov.com ZONING & SUBDIVISION VARIANCE APPLICATION 1. Applicant and Property Owner Information Applicant/Agent Name Earic Gayfield (Trustee-ProTem Owner Name (if different from Applicant/Agent) St. James AME Church Company Company/Owner Name 2 Address Address 3425 Castle Hayne Road City, State, Zip City, State, Zip Castle Hayne, NC 28429 Phone (910) 619 0801 Phone (910) 675 9755 Email egayfield@msn.com Email Stjamesamec3425@gmail.com - This application form must be completed as part of a request for a zoning and/or subdivision variance. The application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications for a variance are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 1 0.3.1 1 of the Unified Development Ordinance. Page 2 of 11 Variance Application Updated 05-2021 2. Subject Property Information Address/Location 3425 Castle Hayne Road, Castle Hayne, NC 28429 Parcel Identification Number(s) R02511-004-002-000 Total Parcel(s) Acreage 1,28000 Existing Zoning and Use(s) R20 3. Proposed Variance Narrative Subject Zoning Regulation, Chapter and Section In the space below, please provide a narrative of the application (attach additional pages if necessary). St. James AME is zoned at R20, however we are collocated in a mix commercial zone, as the Tractor Supply Store is directly across the front of the church. The River bluff area across the left side (chair rd) of the church is zoned commercially for future projects. The mixed-use nature of our location means that the signage must cater to both pedestrian traffic from the residential areas and vehicle traffic from the commercial zones. The increased height of our proposed sign will improve visibility for both groups, ensuring that our messages are clear and accessible to everyone in the community. A taller sign will help us effectively communicate important information to drivers who may be passing by. We are aware of the current rules however requesting relief from the existing sign standard and approval of variances to go above to erect a new lighting illuminating 8-9 foot digital church sign which is above the standard. We are requesting approval of a variance to the lighting provision illumination for the digital board as well. The current sign is 77 inches wide and 7ft 10 inches tall without the cross which is on top of the sign. As a result of previous easement zoning the road level is elevated up higher than the churches terrain in which there are considerable low spots and as a result when it rains the church grounds have standing water. As we will see on the visual, the road level elevation is higher than the church grounds. The new sign is critical for ensuring that safety messages, event announcements, and service times are easily seen and understood, reducing the risk of sudden stops or distractions that could lead to accidents. The new sign we are requesting for relief of the standard variance to include lighting provision illumination will ensure longevity and the bottom of the sign would raise the height of the terrain. When coming off interstate 40 as of right now with the current sign because it sits down in the terrain which is not street level the sign is not visible until one get to the corner of the chair road. Our church is seeking a variance to allow for a taller sign than currently permitted by the ordinance. Our property is uniquely situated at the intersection of a mixed residential and commercial area. This diverse setting presents specific challenges that make the current sign height limitation insufficient for our needs. In the residential area, the taller sign will serve as a landmark and a point of community connection and away to stay informed about community events and services. The proposed taller sign will enhance the neighborhood's sense of community by making it easier for residents to engage with our activities and outreach programs. Overall, the variance for a taller sign aligns with the spirit and intent of the ordinance by promoting public safety, enhancing communication, and fostering community engagement. We believe this adjustment is necessary to address the unique visibility challenges posed by our mixed-use location, and we are committed to ensuring that the design of the taller sign is aesthetically pleasing and in harmony with the surrounding environment. - Page 3 of 11 Variance Application Updated 05-2021 CRITERIA REQUIRED FOR APPROVAL OF A VARIANCE The Board of Adjustment may grant a variance if it finds that strict application of the ordinance results in an unnecessary hardship for the applicant, and if the variance is consistent with the spirit, purpose, and intent of the ordinance. The applicant must explain, with reference to attached plans (where applicable), how the proposed use meets these required findings (attach additional pages if necessary). 1 . Unnecessary hardship would result from strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. The strict application of the existing sign ordinance imposes an unnecessary hardship on our church. The ordinance restricts the height of signs to a level that does not account for the unique visibility needs of our property. As a place of worship and community gathering, our church relies heavily on clear and visible signage to inform the community of events, services, and outreach programs. The current height restriction impedes our ability to effectively communicate with both our congregation and the broader community. Specifically, our church is located on a road with a great volume of traffic. A taller sign is necessary to ensure that our messages are seen in a timely and safe manner by drivers and passersby, who may otherwise miss critical information due to the lower sign height. We believe this variance is justified as it does not harm the public welfare or alter the essential character of the neighborhood. Instead, it enhances community safety and engagement by improving the visibility of our signage. It should be noted that the hardship faced is unique to our church's location and its specific needs, and the relief sought does not undermine the overall intent of the sign ordinance. The current sign is not visible due to height restrictions and lighting. 2. The hardship results from conditions that are peculiar to the property, such as location, size or topography. Hardship resulting from personal circumstances, as well as hardships resulting from conditions that area common to the neighborhood or general public, may not be the basis for granting a variance. The hardship we face is directly tied to the unique conditions of our property. Our church is located on a busy road with a great volume of traffic, surrounded by commercial zones with numerous competing signs. The current sign creates a significant visibility challenge as a result of no lighting source and in low terrain. Additionally, the size and topography of our property further compound the issue. Our church is set back from the road, and not visible until one gets to Chair road or passing the greenage on Castle Hayne road. The combination of these factors makes it difficult for drivers and pedestrians to notice and read our current signage in a timely manner. To overcome these unique challenges and ensure the safety and engagement of our community, a taller sign is necessary. This variance would allow us to communicate important information effectively, such as service times and community events, which are crucial for our congregation and the broader community. We respectfully request these variances to address these specific and unique hardships related to our property's location, size, and topography. — Page 4 of 11 Variance Application Updated 05-2021 3. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self- created hardship. The hardship faced by our church is not a result of actions taken by the church. Instead, it stems from the Department of Transportation's easement zoning. When the DOT established the easement, it created an environment where the standard sign height, as dictated by the current ordinance, is inadequate for our needs. This left the property with low elevation and visibility of current sign is not visible until one is closer. The easement zoning makes it challenging for our signs to be seen by passing traffic until they are up on it and at night it is not visible at all. This is unique to our property and beyond our control and should not be considered a self-created hardship, thus we are requesting a variance to allow for a taller sign. This adjustment is necessary to overcome the visibility challenges, ensuring our church can effectively share important information with the public. 4. The requested variance is consistent with the spirit, purpose and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. We understand that the primary goals of ordinances include ensuring public safety, maintaining the aesthetic character of the area, and promoting effective communication. Our proposed taller sign contributes to these objectives in several ways such as: Public safety is enhanced by the increased visibility of our sign. Given the high-speed traffic and visual distractions in our area, a taller sign allows for better recognition and timely response from drivers, thereby reducing the risk of sudden stops or accidents caused by missed information. The improved visibility ensures that important announcements, service times, and community events are seen from a safe distance, allowing for smooth traffic flow and preventing potential hazards. The current ordinance's height restriction does not account for the unique challenges posed by our property's specific conditions, such as the Department of Transportation easement and the volume of traffic on the road. By allowing a taller sign, the variance acknowledges these unique hardships and provides a fair solution that meets the needs of our church and the community we serve. The taller sign maintains the aesthetic character of the area. Our design is intended to be respectful of the surrounding environment, blending with the community's look and feel while enhancing the overall communication landscape. It ensures that our church can fulfill its role as a vital part of the community, effectively reaching out to individuals who rely on our messaging for important updates and support. (i.e., food pantry etc.) The requested variance supports the ordinance's objectives by securing public safety, achieving substantial justice, and maintaining community aesthetics, thereby enhancing the overall well- being of our church and the surrounding area. St. James AME new sign if variance for provision of lighting illumination and digital board will be comparable with the existing commercial signs in the area. Page 5 of 11 Variance Application Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial This application form, completed and signed EG/RP Application fee: $400 per application EG/RP Site plan or sketch illustrating the requested variance EG/RP C] One (1 ) hard copy of ALL documents EG/RP One (1) PDF copy of ALL documents EG/RP Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the variance application for which I am applying. I understand that I have the burden of proving why this application meets the required findings necessary for granting a variance. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. o The land owner or their attorney must be present for the case at the public hearing Signature of Property Owner(s) Print Name(s) Ruth L. Pugh Page 6 of 11 Variance Application Updated 05-2021 Page 7 of 11 Variance Application Updated 05-2021 Page 8 of 11 Variance Application Updated 05-2021 Page 9 of 11 Variance Application Updated 05-2021 Page 10 of 11 Variance Application Updated 05-2021 Page 11 of 11 Variance Application Updated 05-2021