Zoning Board of Adjustments Minutes - 06/20/2001MINUTES
BOARD OF ADJUSTMENT
June 20, 2001
PRESENT:
John Key, Chairman
Tom Cross
Don McKinney
J. D. Ruiz
Les Seipel
Steve Seese, City Planning Administrator
ABSENT:
Michael Norrie
Charles A. Peters, III
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Key.
II. APPROVAL OF MINUTES
0 Members
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0 City Staff
The minutes from the February 21, 2001 meeting were approved as submitted.
III. REGULAR AGENDA
1. Variance
Reapproval of a Setback
615 Marconi
The following is a reprint of the original staff report from the Planning & Zoning
Commission meeting held on April 19, 1995.
Applicant: ............................................... Leroy Cleaver, Jr.
Requested Action: .................................. Variance
Purpose: ................................................. Variance to construct an addition to the front of
the Jackson Memorial Church of God in Christ.
Existing Land Use: ................................. Church
Zoning: ................................................... Single Family-2
Surrounding Land Use & Zoning:........... North: Residences, SF-2
South: Residences, SF-2
East: Residences, SF-2
West: Residences, SF-2
BOARD OF ADJUSTMENT • PAGE 1
Commentary:
The applicant requests a variance of the setback requirement to construct an addition
to his church. That addition will be 4 feet closer to the front property line. In a Single
Family-2 zone, the required setback is 25 feet from the property line. However, in this
neighborhood the applicant stated that special conditions exist. All of the setbacks on
this block are less than 25 feet; some are under 13 feet. He plans to construct his
addition 12 feet from the property line. The applicant has submitted a petition in favor
of this request.
Special Conditions/Hardship:
The applicant has cited the following as special conditions/hardships:
1. "We desire to construct our ladies' and men's rest rooms at the front of our church
and to make them large enough to meet ADA requirements."
2. "These special conditions and circumstances are not a result of our actions. In
order to have the rest rooms spacious enough to meet ADA requirements, (and to
accommodate the required) fixtures , it is necessary to extend our building."
3. "The other buildings on our side of the street are not setback within the required 25
foot setback limit."
4. "Granting this variance will not confer upon us and special privileges denied others
because we only desire to extend our building four feet."
Consistent With Zoning Ordinance Intent:
The intent of the setback provisions in the Zoning Ordinance is to accomplish the
following:
a. Promote the orderly development of land,
b. Prevent overcrowding for health, public safety and fire protection purposes,
c. Establish a sight corridor for vehicles,
d. Assure room for future street expansion.
The City has adopted a setback of twenty-five feet from the front property line as the
appropriate setback to accomplish these purposes.
Conditions on the applicant's lot: The existing church building has a roofed entry
that is 16 feet from the property line.
Conditions in the general area: As shown in the applicant's map, some setbacks of
other residences on this side of the block are as small as 13 feet. Staff estimates that
with the supporting columns, the closest buildings are almost 12 feet from the property
line.
Staff Analysis:
The applicant has shown a pattern of nonconforming setbacks along this side of the
block. Buildings with setbacks less than 25 feet have established a precedent in this
area. This construction with a 12-foot building line will align visually with the other
BOARD OF ADJUSTMENT • PAGE 2
buildings on this block.
Recommendation:
Staff determined that special conditions regarding this request do exist. Existing
conditions have established a building line less than current requirements. Permitting
this building to be constructed at twelve feet is recommended.
End of staff report.
There was a motion made by Mr. Cross to approve the qualifying criteria; Mr. Seipel
seconded. The motion passed with a unanimous vote in favor.
Mr. Seese commented that the properties in the area have not changed to make this
variance less desirable. A variance is valid for 180 days. If they are not used, this
reapplication procedure gives staff the opportunity to determine if the variance would
still be appropriate. In this case, the applicant's request is not out of line with the
special conditions that exist in that neighborhood.
Mr. McKinney made a motion to grant the variance; Mr. Seipel seconded the motion.
The variance was approved with a unanimous vote in favor.
IV. ADJOURN
The meeting was adjourned at 1:35 p.m.
John Key, Chairman
Date
BOARD OF ADJUSTMENT • PAGE 3