Item 6G
Department of Planning & Development Services
S T A F F R E P O R T
January 13, 2010
CASE NO. ZA09-078
PROJECT:Variance to Masonry Ordinance, Bethel Methodist Church
REQUEST:
Bethel Methodist Church is requesting a variance to the Masonry Ordinance for a
portable building located at 190 S, White Chapel Blvd. The applicant will be seeking
re-approval of a Special Exception Use Permit for the portable building from the
Zoning Board of Adjustment at the January 28, 2010 meeting. Approval of a
portable building shall be on a temporary basis only and shall be for a maximum
period of three (3) years. Zoning Ord. No. 480, Section 44.12.7.c requires that all
portable buildings be placed upon a permanent foundation and shall have a
masonry façade meeting the requirements of the City’s Masonry Ordinance. City
Council may grant a variance to the requirements of the Masonry Ordinance.
The applicant is requesting a variance to Masonry Ord. 557-A, Section 1(a),
requiring that all buildings constructed on property zoned O-1, O-2, C-1, C-2, C-3,
C-4, B-1, B-2 or CS under the City's Comprehensive Zoning Ordinance shall have
all exterior walls constructed using a masonry material covering at least eighty
percent (80%) of said walls, exclusive of all windows, doors, roofs, glass
construction materials, or sidewalk and walk-way covers. The applicant is
requesting allowance of light gray vinyl covered gypsum board siding extending
from the skirting around the base of the building upward to the roof line.
In order to grant the requested variance, the City Council shall determine that:
1) a literal enforcement of the regulations will create an unnecessary hardship
or a practical difficulty on the applicant;
2) that the situation causing the unnecessary hardship or practical difficulty is
unique to the affected property and is not self imposed,
3) that the variance will not injure and will be wholly compatible with the use
and permitted development of adjacent properties;
4) and that the granting of the variance will be in harmony with the spirit and
purpose of this ordinance.
ACTION NEEDED:1) Conduct a public hearing
2) Consider variance approval
Case No.
ZA09-078
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
Link to Presentation
(C) Plans and Support Information -
(D) Surrounding Property Owners Map and Responses
STAFF CONTACT:
Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA09-078
BACKGROUND INFORMATION
OWNER:
NMEN, Ltd.
APPLICANT:
Chuck Hallett of Bethel Methodist Church
PROPERTY SITUATION:
190 S. White Chapel Blvd.
LEGAL DESCRIPTION:
Lot 4, H Granberry No. 581 Addition
LAND USE CATEGORY:
Office Commercial
CURRENT ZONING:
“CS” Community Service District.
HISTORY:
The Zoning Board of Adjustment approved this Special Exception Use Permit
(5-0) on September 28, 2006 as presented with the waiver of the masonry and
permanent foundation requirements as requested.
The Zoning Board of Adjustment approved a one-year extension of the Special
Exception Use Permit (4-0) on February 14, 2008 under the same conditions
as previously approved.
The Zoning Board of Adjustment approved a one-year extensionof the Special
Exception Use Permit (5-0) on January 29, 2009 (5-0) granting waiver of
masonry and permanent foundation requirements as previously granted. The
approved one-year extension period is from February 13, 2009 to February 12,
2010.
STRATEGIC LINK:
Quality Development
STAFF COMMENTS:
An aerial exhibit and request letter are attached.
Case No. Attachment A
ZA09-078Page 1
Attachment B
Page 1
AERIAL VIEW AND ELEVATION
Existing 24’ X 60’ Modular Building
Elevation
Case No. Attachment C
ZA09-078Page 1
REQUEST LETTER
Case No. Attachment C
ZA09-078Page 2
Case No. Attachment C
ZA09-078Page 3
Surrounding Property Owners
SPO # Owner Zoning Land Use Acreage Response
NR
1 Nmen Ltd CS Office Commercial 1.08
NR
2 Leaverton, Kevin O SF20A Medium Density Residential 0.95
NR
3 Neal, Neil Etux Dana SF20A Medium Density Residential 0.46
NR
4 Pasqualoni, Paul Etux Jill SF20A Medium Density Residential 0.48
Public/Semi-Public, Low NR
5 White's Chapel Meth Ch CS Density Residential 24.38
F
6 Lechler, Gloria Etal O1 Office Commercial 7.87
NR
7 Wachovia Bank Na O1 Office Commercial 1.20
NR
8 White's Chapel Cemetery CS Public/Semi-Public 1.76
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Surrounding Property Owner Responses
Notices Sent:
Eight (8)
Responses Received:
One (1) – Attached
Case No. Attachment D
ZA09-078 Page 1
Case No. Attachment D
ZA09-078Page 2