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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