Zoning Board of Adjustments Minutes - 04/15/2009MINUTES
ZONING BOARD OF ADJUSTMENT
April 15, 2009
PRESENT:
Michael Latham,
Jose Garcia
Chad Hughes
David Lane
Dave Lilley
Dustin Nimz
Vice Chairman
Jim Ginnings, Council Liaison
Kinley Hegglund, Senior Assistant City Attorney
David A. Clark, Director of Community Development
Marty Odom, Planner II
Diane Parker
ABSENT:
Les Seipel, Chairman
Elvin Dudley
Steve Wood
CALL TO ORDER
Vice Chairman Latham called the meeting to order at 1:30 p.m
member, David Lane, was sworn in by Mr. Odom.
II. MINUTES
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Mr. Nimz made a motion to approve the minutes of the February 18, 2009 Zoning Board
of Adjustment meeting. Mr. Hughes seconded. The minutes were approved as
submitted with a unanimous vote in favor.
BOARD OF ADJUSTMENT • PAGE 1
III. REGULAR AGENDA
1. Case V 09-02
Reduce the required building setback from 25 feet to 12 feet to allow a
covered porch to be constructed on the south side of the church building
403 N. Broadway
The applicant, Ms. Darlene Jeffers, requested a variance to allow a covered porch to
remain within the setback area along North 4th Street. The church was issued a permit
to build a porch for the south entry to the building. The porch does not have to meet the
setback requirement because it is considered to be flatwork. However, any structure
placed on the porch must be permitted and also meet the setback requirements. The
church started construction on the porch cover without proper permitting. The edge of
the porch is 12 feet from the property line. The Subdivision and Developmental
Regulations require an automatic setback of 25 feet. However, the regulation allows the
Planning Division to consider reducing the setback down to the average setbacks of
existing buildings on the same side of the block. After scaling map data, Staff has
determined an average setback of 17.16 feet along that side of the block. The structure
protrudes 5.16 feet farther into the setback than could be allowed by staff. The church
is requesting a variance to allow a setback of 12 feet from the property line along North
4th Street.
Qualifying Criteria:
a. The existing main building was constructed in the 1940's on a limited -size lot
which now offers very limited construction options. Protection over the entryway
into the south side of building is being sought.
b. The south entryway of the church was constructed for the convenience of the
worshippers and guests. The construction options are limited due to the size of
the lot.
C. This porch will not impair any person on this block from enjoying the use of their
property. The porch will constitute a positive improvement to the appearance of
the neighboring structures. Other residences in the block appear to encroach
into the building setback limit. While the requested setback is less than any of
the existing structures on the block, existing retaining walls, fences, and trees fill
nearby front yard space.
d. Other surrounding residences on this block appear to also encroach into the
building setback limit of 25 feet. Staff noted the existing residential building are
within the 25 foot setback with an average setback of 17.16 feet. This request is
for a setback of 12 feet.
Mr. Nimz made a motion to approve the Qualifying Criteria; Mr. Garcia seconded. The
vote was unanimous in favor.
BOARD OF ADJUSTMENT • PAGE 2
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board.
Mr. Gary Southard and Mr. Charles Perry, representatives for Full Gospel Cathedral
Powerhouse Church of God and Christ, reviewed the history of this church building with
the Board.
Mr. Southard commented that the church was purchased in May, 2008 by Pastor
Thompson from another denomination and immediately began restoring and renovating
the building. This porch is an additional entrance with the main entry on North
Broadway. He stated this structure has added to the appearance of the building,
enhances the surrounding area, and is an investment and commitment to the entire
neighborhood. Mr. Southard continued by stating this immediate area has had a sad
history of decline over the years. Efforts, such as Pastor Thompson's, will be the
anchor for a rebirth and renewal of the neighborhood.
Pastor Theophilus Thompson stated the neighborhood has already begun improvement
with new roofs, lots cleaned and cut trees. He further commented the neighborhood is
coming up to the beautification of the new school. The church is working to improve the
building which would be an improvement to this community.
Vice Chairman Latham stated that, if this case is approved, this would be considered
the beginning of the process and the approval is for the setback reduction, not for the
building permit or existing construction.
Mr. Southard stated he is aware that the applicant will need to apply for a building
permit, pay the appropriate fees, submit plans, have inspections, and have approval
from Inspections before it can be occupied and utilized.
Mr. Lilley made a motion to approve the Evaluation Criteria; Mr. Lane seconded. The
variance was approved with a unanimous vote.
IV. Adjourn
The meeting adjourned at 1:58 p.m.
Michael Latham, Vice Chairman Date
BOARD OF ADJUSTMENT • PAGE 3