HomeMy WebLinkAbout01/07/2014 - Regular Agenda Packet - Zoning Board of Adjustments
Zoning Board of Adjustment
January 7, 2014
6:00 P.M.
Regular Meeting
City Hall
Council Chambers
1101 Texas Avenue,
College Station, Texas
AGENDA
ZONING BOARD OF ADJUSTMENT
Regular Meeting
Tuesday, January 7, 2014 at 6:00 PM
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas 77840
1. Call to order – Explanation of functions of the Board.
2. Consideration of absence requests.
Josh Benn ~ December 3, 2013
Hunter Goodwin ~ January 7, 2014
3. Discussion of requested Administrative Adjustment.
13-251 (AA-Residential Dimensional Standards) 4314 Odell Lane (JPaz)
4. Consideration, possible action and discussion to approve meeting minutes.
December 3, 2013 meeting minutes.
5. Public hearing, presentation, possible action, and discussion to consider a variance to the minimum
number of stories to the Unified Development Ordinance, Section 12-5.9 – Design District
Dimensional Standards, for the property located at Lot 2-R, The Ramparts, generally located at 300
Nagle Street. Case # 900269 (TR)
6. Public hearing, presentation, possible action, and discussion to consider a variance to the Unified
Development Ordinance, Section 12-5.8.B.6 – Northgate District Off-Street Parking Standards,
regarding ramp location on exterior of parking garage for the property located at Lots 1-5 and 16-20
and Associated BPP, Block 4, Tauber Subdivision, generally located at 601 Cross Street. Case #
9000268 (TR)
7. Public hearing, presentation, possible action, and discussion to consider a building setback variance to
the Unified Development Ordinance, Section 12-5.9 – Design District Dimensional Standards, for the
property located at Lot 2-R, The Ramparts, generally located at 300 Nagle Street. Case # 900270
(TR)
8. Consideration and possible action on future agenda items – A Zoning Board Member may inquire
about a subject for which notice has not been given. A statement of specific factual information or
the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place
the subject on an agenda for a subsequent meeting.
9. Adjourn.
Consultation with Attorney {Gov’t Code Section 551.071; possible action.
The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated
litigation subject or attorney-client privileged information. After executive session discussion, any final action or
vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted
subject matter of this Zoning Board of Adjustments meeting, an executive session will be held.
Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College
Station, Texas will be held on Tuesday, January 7, 2014 at 6:00 p.m. at the City Hall Council
Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to
wit: See Agenda
Posted this the_____day of__________, 2014 at______p.m.
CITY OF COLLEGE STATION, TEXAS
By _____________________________
Sherry Mashburn, City Secretary
By _____________________________
Kelly Templin, City Manager
I, the undersigned, do hereby certify that the above Notice of Regular Meeting of the Zoning Board
of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and
that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas
Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice
are readily accessible to the general public at all times. Said Notice and Agenda were posted
on___________________p.m. and remained so posted continuously for at least 72 hours proceeding
the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on
the following date and time: ______________________ by _________________________.
Dated this _____ day of____________, 2014.
CITY OF COLLEGE STATION, TEXAS
By_____________________________
Subscribed and sworn to before me on this the _____ day of_______________, 2014.
______________________________
Notary Public- Brazos County, Texas
My commission expires:_________________
This building is wheelchair accessible. Handicap parking spaces are available. Any request for
sign interpretive service must be made 48 hours before the meeting. To make arrangements call
979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov.
M I N U T E S
ZONING BOARD OF ADJUSTMENT
Regular Meeting
December 3, 2013
Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Hunter Goodwin, Jim Davis, Marsha Sanford, Dick Dabney,
Gary Erwin
MEMBERS ABSENT: Josh Benn
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Jenifer Paz,
Assistant Director Lance Simms, Senior Assistant City Attorney John
Haislet, Action Center Representatives April Howard and Macie Quick
AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board.
Chairman Goodwin called the meeting to order at 6:02 p.m.
AGENDA ITEM NO. 2: Consideration, possible action, and discussion to approve meeting
minutes.
September 3, 2013 meeting minutes
Board Member Davis motioned to approve the September 3, 2013 meeting minutes. Board
Member Erwin seconded the motion, which passed (4-0).
AGENDA ITEM NO. 3: Public hearing, presentation, possible action and discussion on a
variance request to allow an additional freestanding sign for the property located at 2704 Texas
Avenue South, located at the intersection of Harvey Mitchell Parkway South and Texas Avenue
South.
Staff Planner Paz presented the staff report and stated that the applicant was requesting an additional
free standing sign. She ended her staff report by telling the Board that staff was recommending
approval.
Board Member Sanford arrived at the meeting.
There was general discussion amongst the Board.
Chairman Goodwin opened the public hearing.
Stepping forward to speak in favor of the request was Adrianna Duran, 2704 Texas Avenue South,
College Station, Texas. Ms. Duran was sworn in by Chairman Goodwin.
There was general discussion amongst the Board.
Chairman Goodwin closed the public hearing.
Board Member Erwin motioned to approve the variance for an additional free-standing sign with
the following Staff recommendations:
That the sign be located along Texas Avenue South
The sign area be limited to 75 square feet
A maximum height of 25 feet, setback in accordance to the sign ordinance in the UDO
The existing abandoned freestanding sign frame be removed
Board Member Davis seconded the motion. Motion was approved (4-1), Chairman Goodwin
voting against.
AGENDA ITEM NO.4 : Consideration and possible action on future agenda items – A Zoning
Board Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation shall be
limited to a proposal to place the subject on an agenda for a subsequent meeting.
There were no items discussed.
AGENDA ITEM NO. 5: Adjourn.
Board Member Sanford motioned to adjourn. Board Member Erwin seconded the motion, which
passed unopposed (5-0). The meeting was adjourned at 6.28 p.m.
ATTEST: APPROVED:
_________________________________ _________________________________
Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman
Zoning Board of Adjustment Page 1 of 6
January 7, 2014
VARIANCE REQUEST
for
Lot 2-R, The Ramparts
13-00900269
REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-
5.9, Northgate Districts, Design District Dimensional Standards, to
allow a single story for St. Mary’s sanctuary building.
LOCATION: Lot 2-R, The Ramparts, generally located at 300 Nagle Street
APPLICANT: Christopher Craig, Jackson & Ryan Architects
PROPERTY OWNER: St. Mary’s Catholic Church
PROJECT MANAGER: Teresa Rogers, Staff Planner
trogers@cstx.gov
BACKGROUND: The subject property is zoned NG-2 (Transitional Northgate) and
owned by . The site is currently occupied by a surface parking lot
but the owner plans to construct a new sanctuary at this location.
The UDO allows churches in all zoning districts, however, the NG-
2 zoning district requires buildings to have a minimum of two
stories. Therefore, the applicant is requesting a variance to
UDO Section 12-5.9, Northgate Districts, Design District
Dimensional Standards, to allow the construction of a one-
story sanctuary.
APPLICABLE ORDINANCE: UDO Section 12-5.9, Design District Dimensional Standards
ORDINANCE INTENT: The City’s Northgate dimensional standards are intended to
create a unique, pedestrian-friendly, dense urban environment.
RECOMMENDATION: Staff recommends approval of the request with the condition that
all exterior facades are a minimum of twenty-five (25) feet in
height and give the appearance of a two-story structure.
Zoning Board of Adjustment Page 2 of 6
January 7, 2014
Zoning Board of Adjustment Page 3 of 6
January 7, 2014 13-269
Zoning Board of Adjustment Page 4 of 6
January 7, 2014
NOTIFICATIONS
Advertised Board Hearing Date: January 7, 2014
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
N/A
Property owner notices mailed: 16
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: None at the time of this report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property NG-2 Transitional Northgate Surface Parking Lot
North NG-2 Transitional Northgate Vacant
South (across Church Avenue) NG-2 Transitional Northgate Office and Bank
East NG-2 Transitional Northgate Multi-Family Residential
West (across Nagle Street) NG-1 Core Northgate Place of Worship
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property is located on Lot 2-R, The Ramparts and has
approximately 340 feet of frontage along Church Avenue and approximately 440 feet along
Nagle Street.
2. Access: The property takes access from Nagle Street.
3. Topography and vegetation: The site is relatively flat, with some mature trees
4. Floodplain: The subject property is not located within FEMA regulated flood plain.
REVIEW CRITERIA
1. Extraordinary conditions: That there are extraordinary or special conditions affecting
the land involved such that strict application of the provisions of the UDO will deprive the
applicant of the reasonable use of his land.
The applicant has stated the minimum height regulation requires additional stories when
they are not necessary for the church’s operations. In addition, places of worship are
allowed in all zoning districts within the City and churches are typically only one story.
The UDO allows waiver requests for casual and fine dining restaurants and theaters in
NG-2 if all facades are a minimum of twenty-five (25) feet in height and all facades give
Zoning Board of Adjustment Page 5 of 6
January 7, 2014
the appearance of a two-story structure as determined by the Design Review Board
(DRB).
St. Mary’s proposed use is for a Place of Worship and therefore it does not meet the
criteria to be considered for a waiver through the DRB.
2. Enjoyment of a substantial property right: That the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
The subject property is allowed to develop as the church’s sanctuary under the current
design district dimensional standards; however, this would require the sanctuary be a
minimum of two stories. Church sanctuaries are typically only one story.
3. Substantial detriment: That the granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to other property in the area, or to the City
in administering this UDO.
The granting of this variance will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area or to the City administering the UDO.
4. Subdivision: That the granting of the variance will not have the effect of preventing the
orderly subdivision of land in the area in accordance with the provisions of this UDO.
The granting of this variance would not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of the UDO.
5. Flood hazard protection: That the granting of the variance will not have the effect of
preventing flood hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
The granting of this variance will not have the effect of preventing flood hazard
protection in accordance with Article 8, Subdivision Design and Improvements.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
In the NG-2 (Transitional Northgate) zoning district, casual and fine dining restaurants
and theaters are allowed to seek a waiver of the two-story height requirement through
the DRB. However, since the proposed use in this case is a church sanctuary, no similar
option exists.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
The applicant states the hardship is requiring a second floor for a sanctuary when one is
not needed. The proposed sanctuary design features exterior walls with a height that
exceeds typical two-story construction and appears like a two-story structure from the
outside.
8. Comprehensive Plan: That the granting of the variance would not substantially conflict
with the Comprehensive Plan and the purposes of this UDO.
Zoning Board of Adjustment Page 6 of 6
January 7, 2014
The granting of this variance does not substantially conflict with the Comprehensive
Plan. Staff believes the height and appearance of the proposed structure meets the
intent of the urban designation in the Comprehensive Plan.
9. Utilization: That because of these conditions, the application of the UDO to the
particular piece of property would effectively prohibit or unreasonably restrict the
utilization of the property.
The application of the UDO standards to this particular piece of property would prohibit
or unreasonably restrict the applicant in the utilization of their property as planned.
ALTERNATIVES
The applicant has also suggested that a partial mechanical floor above the one-story occupied
space is sufficient to comply with the two-story standard.
STAFF RECOMMENDATION
Staff recommends approval of the request with the condition that all facades are a minimum of
twenty-five (25) feet in height and all facades give the appearance of a two-story structure.
SUPPORTING MATERIALS
1. Application
2. Proposed Elevations
3. Proposed Sanctuary Building Plan
Zoning Board of Adjustment Page 1 of 6
January 7, 2014
VARIANCE REQUEST
for
Lots 1-5 and 16-20, Block 4, Tauber Subdivision
13-00900268
REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-
5.8.B.6.g, Northgate Districts, Off-Street Parking Standards, to
allow a ramp on the exterior of a parking garage.
LOCATION: Lots 1-5 and 16-20, Block 4, Tauber Subdivision, generally
located at 601 Cross Street
APPLICANT: Christopher Craig, Jackson & Ryan Architects
PROPERTY OWNER: St. Mary’s Catholic Church
PROJECT MANAGER: Teresa Rogers, Staff Planner
trogers@cstx.gov
BACKGROUND: The subject property is zoned NG-2 (Transitional Northgate) and
owned by St. Mary’s Catholic Church. An apartment complex
currently occupies the site but the owner plans to build a
structured parking garage on the site which is currently. The UDO
allows structured parking in NG-2, but prohibits ramps on garage
exterior facades. The applicant would like to provide an exterior
ramp on the proposed parking garage, therefore, the applicant
is requesting a variance to the UDO Section 12-5.8.B.6.g,
Northgate Districts, Off-Street Parking Standards, to allow a
ramp on the facade of a parking garage.
APPLICABLE ORDINANCE: UDO Section 12-5.8.B.6.g, Northgate Districts, Off-Street Parking
Standards
ORDINANCE INTENT: The purpose of the Northgate off-street parking regulations is
intended to create a pedestrian-friendly environment which
minimizes the visual impact of parking areas and encourages
pedestrian movement through the district.
RECOMMENDATION: Staff recommends denial.
Zoning Board of Adjustment Page 2 of 6
January 7, 2014
Zoning Board of Adjustment Page 3 of 6
January 7, 2014
Zoning Board of Adjustment Page 4 of 6
January 7, 2014
NOTIFICATIONS
Advertised Board Hearing Date: January 7, 2014
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
N/A
Property owner notices mailed: 12
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: None at the time of this report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property NG-2 Transitional Northgate Multi-Family Residential
North NG-3 Residential Northgate Multi-Family Residential
South (across Cross Street) NG-1 Core Northgate Place of Worship
East (across Nagle Street) NG-2 Transitional Northgate Surface Parking Lot and Vacant
West (across Stasney Street) NG-3 Residential Northgate Multi-Family Residential
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property is located on Lots 1-5 and 16-20, Block 4, Tauber
Subdivision and has approximately 300 feet of frontage on both Nagle Street and Stasney
Street and approximately 210 feet along Cross Street.
2. Access: The property takes access from Nagle Street, Stasney Street, and Cross Street.
3. Topography and vegetation: The site is relatively flat, with a few mature trees
4. Floodplain: The subject property is not located within FEMA regulated flood plain.
REVIEW CRITERIA
1. Extraordinary conditions: That there are extraordinary or special conditions affecting
the land involved such that strict application of the provisions of the UDO will deprive the
applicant of the reasonable use of his land.
The applicant has stated that the exterior ramp is necessary to serve users in a safe and
efficient manner and expedite the quick departure of vehicles from the garage. In
Staff’s opinion, the applicant has not provided evidence that a special condition exists on
the property such that the strict application of the provisions of the Unified Development
Ordinance would deprive the applicant of the reasonable use of the property. The
master plan is proposing multiple exit drives/ramps to serve the garage and ramps are
Zoning Board of Adjustment Page 5 of 6
January 7, 2014
allowed in structured parking garages so long as they are not located on the building
façade.
2. Enjoyment of a substantial property right: That the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
This variance is not necessary for the preservation and enjoyment of a substantial
property right of the applicant. The subject property is allowed to develop as a structured
parking garage under the current design Northgate district standards.
3. Substantial detriment: That the granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to other property in the area, or to the City
in administering this UDO.
The granting of this variance will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area or to the City administering the UDO.
4. Subdivision: That the granting of the variance will not have the effect of preventing the
orderly subdivision of land in the area in accordance with the provisions of this UDO.
The granting of this variance would not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of the UDO.
5. Flood hazard protection: That the granting of the variance will not have the effect of
preventing flood hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
The granting of this variance will not have the effect of preventing flood hazard
protection in accordance with Article 8, Subdivision Design and Improvements.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
All Northgate permitted uses are required to abide by the same standards outlined in
UDO Section 12-5.8.B.6.g, Northgate Districts, Off-Street Parking Standards.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
It is Staff’s opinion that a hardship does not exist on the property. The Owner is
permitted to construct a structured parking garage with ramps that are enclosed within
the structure.
8. Comprehensive Plan: That the granting of the variance would not substantially conflict
with the Comprehensive Plan and the purposes of this UDO.
The granting of this variance does not substantially conflict with the Comprehensive
Plan.
Zoning Board of Adjustment Page 6 of 6
January 7, 2014
9. Utilization: That because of these conditions, the application of the UDO to the
particular piece of property would effectively prohibit or unreasonably restrict the
utilization of the property.
The application of the UDO standards to this particular piece of property does not
prohibit or unreasonably restrict the applicant in the utilization of their property. If the
variance is denied, the applicant can still develop the property as a structured parking
garage.
ALTERNATIVES
The applicant has not proposed any alternatives to the granting of the variance request.
STAFF RECOMMENDATION
Staff recommends denial of the variance request. In staff’s opinion the applicant has failed to
demonstrate that a special condition or hardship exists in this case.
SUPPORTING MATERIALS
1. Application
2. Proposed Site Plan
3. Proposed Elevation
Zoning Board of Adjustment Page 1 of 7
January 7, 2014
VARIANCE REQUEST
for
Lot 2-R, The Ramparts
13-00900270
REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-
5.9, Northgate Districts, Design District Dimensional Standards, to
allow a 70-foot maximum building setback for St. Mary’s sanctuary
building when 75% of the building façade is adjacent to right-of-
way occur within the setback.
LOCATION: Lot 2-R, The Ramparts, generally located at 300 Nagle Street
APPLICANT: Christopher Craig, Jackson & Ryan Architects
PROPERTY OWNER: St. Mary’s Catholic Church
PROJECT MANAGER: Teresa Rogers, Staff Planner
trogers@cstx.gov
BACKGROUND: The subject property is zoned NG-2 (Transitional Northgate) and
owned by St. Mary’s Catholic Church. The site is currently
occupied by a surface parking lot but the owner plans to construct
a new sanctuary at this location. The UDO allows churches in all
zoning districts, however, the NG-2 zoning district requires a
minimum building setback of 10 feet from the back of curb and a
maximum building setback of 25 feet from the back of curb. The
applicant is proposing to construct a new sanctuary on the site
that would be located further from the curb than allowed by the
UDO. Therefore, the applicant is requesting a variance to the
UDO Section 12-5.9, Northgate Districts, Design District
Dimensional Standards, to allow a setback of 70 feet when
75% of the building’s perimeter facing the right-of-way
occurs within this setback.
APPLICABLE ORDINANCE: UDO Section 12-5.9, Design District Dimensional Standards
ORDINANCE INTENT: The purpose of the Northgate dimensional standards is to create
a unique, pedestrian-friendly, dense urban environment in the City
of College Station. One important characteristic of urban areas is
Zoning Board of Adjustment Page 2 of 7
January 7, 2014
the relationship of the buildings to the right-of-way. Urban
development is typically marked by buildings located close to the
street.
RECOMMENDATION: Staff recommends denial.
Zoning Board of Adjustment Page 3 of 7
January 7, 2014
Zoning Board of Adjustment Page 4 of 7
January 7, 2014
Zoning Board of Adjustment Page 5 of 7
January 7, 2014
NOTIFICATIONS
Advertised Board Hearing Date: January 7, 2014
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
N/A
Property owner notices mailed: 16
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: None at the time of this report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property NG-2 Transitional Northgate Surface Parking Lot
North NG-2 Transitional Northgate Vacant
South (across Church Avenue) NG-2 Transitional Northgate Office and Bank
East NG-2 Transitional Northgate Multi-Family Residential
West (across Nagle Street) NG-1 Core Northgate Place of Worship
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property is located on Lot 2-R, The Ramparts and has
approximately 340 feet of frontage along Church Avenue and approximately 440 feet along
Nagle Street.
2. Access: The property takes access from Nagle Street.
3. Topography and vegetation: The site is relatively flat, with some mature trees
4. Floodplain: The subject property is not located within FEMA regulated flood plain.
REVIEW CRITERIA
1. Extraordinary conditions: That there are extraordinary or special conditions affecting
the land involved such that strict application of the provisions of the UDO will deprive the
applicant of the reasonable use of his land.
The applicant has stated that setback criteria does not allow a church to employ a
traditional cruciform plan shape. In Staff’s opinion, the applicant has not provided
evidence that a special condition exists on the property such that the strict applications
of the provisions of the Unified Development Ordinance would deprive the applicant of
the reasonable use of the property.
Zoning Board of Adjustment Page 6 of 7
January 7, 2014
2. Enjoyment of a substantial property right: That the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
This variance is not necessary for the preservation and enjoyment of a substantial
property right of the applicant. The subject property is allowed to develop as a sanctuary
under the current design district dimensional standards.
3. Substantial detriment: That the granting of the variance will not be detrimental to the
public health, safety, or welfare, or injurious to other property in the area, or to the City
in administering this UDO.
The granting of this variance will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area or to the City administering the UDO.
4. Subdivision: That the granting of the variance will not have the effect of preventing the
orderly subdivision of land in the area in accordance with the provisions of this UDO.
The granting of this variance would not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of the UDO.
5. Flood hazard protection: That the granting of the variance will not have the effect of
preventing flood hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
The granting of this variance will not have the effect of preventing flood hazard
protection in accordance with Article 8, Subdivision Design and Improvements.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
All Northgate permitted uses are required to abide by the same standards outlined in
Section 12-5.9, Northgate Districts, Design District Dimensional Standards, of the UDO.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
It is Staff’s opinion that a hardship does not exist on the property. The applicant can
design and construct a sanctuary that meets the minimum and maximum setbacks
provided by the UDO.
8. Comprehensive Plan: That the granting of the variance would not substantially conflict
with the Comprehensive Plan and the purposes of this UDO.
The Comprehensive Plan designates this area as Urban and calls for developments that
are built close to the street and contribute to the urban environment. The proposed
sanctuary is set further back on the property and proposes a large open area between
the street and the building façade, which is more suburban in character.
9. Utilization: That because of these conditions, the application of the UDO to the
particular piece of property would effectively prohibit or unreasonably restrict the
utilization of the property.
Zoning Board of Adjustment Page 7 of 7
January 7, 2014
The application of the UDO standards to this particular piece of property does not
prohibit or unreasonably restrict the applicant in the utilization of their property.
ALTERNATIVES
The applicant has not proposed any alternatives to the granting of the variance requests.
STAFF RECOMMENDATION
Staff recommends denial of the variance request. In staff’s opinion the applicant has failed to
demonstrate that a special condition or hardship exists in this case.
SUPPORTING MATERIALS
1. Application
2. Proposed Site Plan